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Advising a solicitor - help!

  • VictoriaRegina
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13 Sep 15 #466672 by VictoriaRegina
Topic started by VictoriaRegina
I am a fish out of water in this process. My solicitor sends me things from the stbx''s solicitor and "awaits my advice". Is that not like the brain surgeon asking you how you would like your operation to be done?

  • Fiona
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13 Sep 15 #466673 by Fiona
Reply from Fiona
The difference is a solicitor acts on your behalf on your instructions. They can advise a client legally where they stand and what options there are but the clients needs to tell the solicitor what their aspirations are and what they want the solicitor to do on their behalf.

  • rubytuesday
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13 Sep 15 #466674 by rubytuesday
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A solicitor acts on instruction from his/her client - a brain surgeon doesn''t.

Your solicitor needs to know what it is you would like him/her to do, and how to respond. For example; if a proposal is received from the other side, your solicitor would need to know if you are willing to discuss it further with the other, accept it or reject it - they can not make that decision for you. You solicitor can, of course, offer legal guidance and advice on the proposal.

You can always post here regarding the issues, and seek feedback from our community as to what is the best way forward for you. Is there something in particular you are stumped with?

  • .Charles
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14 Sep 15 #466728 by .Charles
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I can understand a solicitor ''awaiting your instructions'' but not awaiting advice.

It is common for less experienced solicitors to assume a lot of their clients. If you are in any doubt as to the situation you should ask for advice. In the current situation, if the letter from the other side makes no sense to you, you could not possible give instructions. You need to ask that the letter be explained to you before giving instructions.

Charles

  • Sylvial50
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22 Sep 15 #467033 by Sylvial50
Reply from Sylvial50
Hi all,

I too am having problems with my solicitor,I feel that she is not on my side,a few weeks ago I received the questionnaire from my STBX as his form E was a joke,now I have most of the answers my solicitor said "ok off you go to mediation"without any preparation,what to negotiate on ect ect, my STBX is use to being in meetings and he would make mince meat out off me if I went unprepared, I therefore paid for a financial solicitor to work out what I should ask for and she was most helpful, my question is should I terminate my contract with my old solicitor and start with the Finacial one? as she seemed to know her stuff, my old solicitor went to a barrister which I had to pay £1000.00 for advice that should have been dealt with her and this was at the beginning.

Your advice would be most appreciated as I''m so unsure of what I should do next,this has dragged on to long and we all just want to get on with life.

Regards :(

  • .Charles
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22 Sep 15 #467034 by .Charles
Reply from .Charles
If you feel that you are getting a better service from the specialist solicitor why would you continue with the old solicitor?

You need to have confidence in your solicitor otherwise you may as well represent yourself.

Charles

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