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Solicitors.....can they give advice???

  • saffi
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20 Feb 13 #380563 by saffi
Topic started by saffi
I wonder if you can help me....I am flustered and confused about what my solicitor does....

She seems to want me to tell her what to do in my divorce and to be honest I haven''t got a clue! Surely she can give me options when an offer is placed on the table about whether or not I should accept and what I want?? I have never been divorced before and really don''t know what would be best for me.

Should I see and IFA for advice??

Thanks for readingx

  • LittleMrMike
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20 Feb 13 #380567 by LittleMrMike
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Saffi, I''ve already posted you and really it does help if you can confine your queries to one thread.

A solicitor''s duty is to advise about questions such as

(a) What should be your claim
(b) How to respond to any offer that comes from your ex ;
(c) Crucially, I think, to advise you on the question of costs and keeping them at a reasonable level.

You mention an IFA. There is potentially one crucial issue you may have to deal with. If you are offered a share from your husband''s pension you may have the choice of staying with the same provider or taking your share elsewhere. Not only would I not feel competent to advise you on this, it would be illegal for me to do so. But I''m a housing /landlord and tenant lawyer, or used to be.


LMM

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20 Feb 13 #380592 by saffi
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Thanks LMM

I put this point in a different thread is it was a separate issue to the financial one....I am still looking at that info by the way.

But, I think now I can say that I haven''t been given any advice as when something comes through I am asked for my instruations...

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21 Feb 13 #380623 by LittleMrMike
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Saffi, when you instruct solicitors, you are the client, you are paying for advice, experience, knowhow, call it what you like.

For example, if your ex puts forward a series of proposals, your solicitor must ask for instructions, but you, as the client, have the right to ask what your solicitor thinks about the proposals. I repeat, this is what you are paying for. Heaven knows, we get enough enquiries like that on wikivorce.

Oh, I know what can go on. A solicitor gets a letter with proposals, and asks his secretary, " Flossie, send Mrs ******* a letter asking for instructions and Flossie dutifully complies.

Of course there are solicitors who will be more conscientious than that. They will offer a discussion or they may say, yes you should accept this, or no, you shouldn''t, but that''s all.

LMM

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