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Can I just use a solicitor for consent order?

  • .Charles
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11 Feb 15 #455953 by .Charles
Reply from .Charles
Have you asked your solicitor for an opinion on the settlement?

Asking a solicitor to draft an order is still a chargeable event as is advising on the suitability of the proposed agreement.

Think of it like going to a car mechanic and paying them to respray your car. You take it in the following week and they tell you there are numerous problems with the car which are uneconomical to fix. Had you asked the mechanic about the state of the car prior to the respray, the answer would have helped you decide whether to go ahead with the respray.

So it is with the Consent Order. A solicitor can get any old agreement and turn it into an enforceable order but whether or not you should enter into the agreement is an other matter altogether.

The usual phrase that you hear is that they cannot possibly give an opinion on the settlement unless full disclosure has taken place. The opinion can be completely reversed if there is a hidden lottery win in a bank account somewhere. Without full disclosure no competent solicitor can advise you on the proposed order.

Charles

  • mango561
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22 Feb 15 #456657 by mango561
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Interesting reading the responses. I spoke to few solicitors prior to getting the fixed price. What I noticed was the very different approaches and responses and think some seemed much more engaged, forthcoming and reassuring and confident about what I can achieve than others based on their experience. As we pay a lot for the privilege, think it is worth finding someone who responds to your questions when there is so much at stake, if you can at this stage?

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