My case has been going on for over a year now in regards to see my son. I've had the same solicitor and payed a fortune and payed every bill. My final hearing is in six weeks now and my solicitor is saying she is too senior for the case and is passing my case to another barrister but wants £1700 to do so I just don't have that kind of money. Absolutely worried to death now what can I do just need some advice please
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Solicitor trouble could do with some advice please
- Thread starter eric88
- Start date
How can a solicitor be "too senior"? I'm sorry you've had this, because frankly, money to solicitors doesn't really achieve much and it's better to use a direct access barrister for hearings generally. Because they are expert at hearings and helping get the result you want. Much more so than solicitors. I'm sorry you've been left in this situation. £1700 is quite low for a barrister for a full day hearing actually. Assuming your final hearing is a full day and not a half day?
Can you let us know where you're at with the case? Presumably final statements and evidence have already been submitted? How much have you paid the solicitor so far? Presumably there are no welfare issues if it's going to a final hearing and it's just disagreement about a schedule for the child ongoing? What did you ask for when you applied to court?
I would have thought even if the solicitor was still taking your case, they'd have charged about £1,000 for a final hearing anyway.
Can you let us know where you're at with the case? Presumably final statements and evidence have already been submitted? How much have you paid the solicitor so far? Presumably there are no welfare issues if it's going to a final hearing and it's just disagreement about a schedule for the child ongoing? What did you ask for when you applied to court?
I would have thought even if the solicitor was still taking your case, they'd have charged about £1,000 for a final hearing anyway.
Hiya ash thanks for the reply
I went in to the solicitor yesterday to do my statement For court and this is when she told me all this. I've had to have social service and cafcass report also ive had to do two parenting courses because the mother made allegations that when he was in my care he comes back with marks and injuries which is a complete lie. I didn't see my son for over 8 month after that. All the reports say their is absolutely no issues when he is in my care which there never was. The last two months ive have been seeing twice a week ive had to build it up over the two month so I do have him for a full day now which is good.
What I'm ask for i court is one day through the week after worknfor few hour then Fri- Mon every other week and the weekend I don't have him I'll see him twice though the week after work and then every other Christmas he stays with me which is quite fair obviously I would like to see him more than that.
I thought that was quite cheap myself to be honest last time I was in court it cost me £3000 and so far I've spent about £6000 I'm not on loads of money I don't even know the difference between a barrister or solicitor to be honest. It's been an absolute nightmare all this
In the UK, barristers and solicitors are both types of lawyers, but they have distinct roles and responsibilities within the legal system.
1. Role and Function
Solicitors:
Client-Facing Work: Solicitors are typically the first point of contact for clients. They provide legal advice, prepare legal documents, and handle most of the legal work outside the courtroom.
Case Management: They manage cases, conduct negotiations, and may represent clients in lower courts (such as magistrates' courts or tribunals).
Work in Law Firms: Most solicitors work in law firms, but they can also work in-house for corporations, government, or other organisations.
Barristers:
Court Advocacy: Barristers are specialists in advocacy, which means representing clients in higher courts (such as the Crown Court, High Court, Court of Appeal, or Supreme Court). They are the ones who appear in court to argue cases.
Specialist Advice: Barristers often provide specialist legal opinions or advice in complex cases. Solicitors may refer to barristers for this purpose.
Self-Employed: Barristers are usually self-employed and work in "chambers" (groups of barristers who share administrative services). They are typically instructed by solicitors to act on behalf of clients.
2. Courtroom Representation
Solicitors: Although solicitors can represent clients in some lower courts, they generally do not appear in higher courts unless they have gained additional qualifications (such as becoming a "solicitor advocate").
Barristers: Barristers have exclusive rights to represent clients in higher courts and are often called upon for their courtroom advocacy skills.
3. How Clients Access Them
Solicitors: Clients typically go directly to solicitors for legal advice. Solicitors may then "instruct" a barrister if the case requires specialist courtroom representation or expert legal advice.
Barristers: Barristers usually receive instructions from solicitors rather than directly from clients, although in certain areas of law (such as employment or family law), clients can directly approach barristers under the "Public Access" scheme.
4. Qualifications and Training
Solicitors: To become a solicitor, one typically completes a law degree (or another degree followed by a conversion course), the Solicitors Qualifying Exam (SQE) (introduced recently), and a period of work-based learning.
Barristers: After a law degree (or conversion course), aspiring barristers must complete the Bar Training Course (BTC) and undertake a pupillage, which is a year-long training period in chambers under the supervision of an experienced barrister.
5. Work Environment
Solicitors: Often work in law firms, managing client relationships and overseeing the day-to-day progress of cases.
Barristers: Generally, work more independently, focusing on advocacy and courtroom presentations, and work from chambers shared with other barristers.
In summary, solicitors deal with legal matters outside of court and manage client relationships, while barristers specialise in court advocacy and representing clients in legal proceedings. While the two professions traditionally have distinct roles, the lines have been blurring over time, with solicitor-advocates gaining rights to appear in higher courts, and barristers occasionally taking on more direct client work.
1. Role and Function
Solicitors:
Client-Facing Work: Solicitors are typically the first point of contact for clients. They provide legal advice, prepare legal documents, and handle most of the legal work outside the courtroom.
Case Management: They manage cases, conduct negotiations, and may represent clients in lower courts (such as magistrates' courts or tribunals).
Work in Law Firms: Most solicitors work in law firms, but they can also work in-house for corporations, government, or other organisations.
Barristers:
Court Advocacy: Barristers are specialists in advocacy, which means representing clients in higher courts (such as the Crown Court, High Court, Court of Appeal, or Supreme Court). They are the ones who appear in court to argue cases.
Specialist Advice: Barristers often provide specialist legal opinions or advice in complex cases. Solicitors may refer to barristers for this purpose.
Self-Employed: Barristers are usually self-employed and work in "chambers" (groups of barristers who share administrative services). They are typically instructed by solicitors to act on behalf of clients.
2. Courtroom Representation
Solicitors: Although solicitors can represent clients in some lower courts, they generally do not appear in higher courts unless they have gained additional qualifications (such as becoming a "solicitor advocate").
Barristers: Barristers have exclusive rights to represent clients in higher courts and are often called upon for their courtroom advocacy skills.
3. How Clients Access Them
Solicitors: Clients typically go directly to solicitors for legal advice. Solicitors may then "instruct" a barrister if the case requires specialist courtroom representation or expert legal advice.
Barristers: Barristers usually receive instructions from solicitors rather than directly from clients, although in certain areas of law (such as employment or family law), clients can directly approach barristers under the "Public Access" scheme.
4. Qualifications and Training
Solicitors: To become a solicitor, one typically completes a law degree (or another degree followed by a conversion course), the Solicitors Qualifying Exam (SQE) (introduced recently), and a period of work-based learning.
Barristers: After a law degree (or conversion course), aspiring barristers must complete the Bar Training Course (BTC) and undertake a pupillage, which is a year-long training period in chambers under the supervision of an experienced barrister.
5. Work Environment
Solicitors: Often work in law firms, managing client relationships and overseeing the day-to-day progress of cases.
Barristers: Generally, work more independently, focusing on advocacy and courtroom presentations, and work from chambers shared with other barristers.
In summary, solicitors deal with legal matters outside of court and manage client relationships, while barristers specialise in court advocacy and representing clients in legal proceedings. While the two professions traditionally have distinct roles, the lines have been blurring over time, with solicitor-advocates gaining rights to appear in higher courts, and barristers occasionally taking on more direct client work.