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Do solicitors mess people about?

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Lucy22

Member since
September 2022

103 posts

Posted Thu November 24, 2022 2:09pmReport post

My partner was given the duty solicitor at the arrest and stuck with the same firm and got legal aid. I thought they were ok but it feels like they don't update us on anything and they're not trying hard to get the best possible sentence for my OH, and I can't help but wonder if it's because it's a legal aid case and they can't be bothered to try due to the nature of the crime. He told us the outcome would be the same if we did it privately or through legal aid but now I'm questioning that... Solicitor keeps giving different sentencing estimates to me and my OH and it is creating conflict between us. It doesn't match what I have read in the sentencing guidelines either but I am not a solicitor at the end of the day

But it is messing with us all to initially tell us one amount of time, then tell my OH a much longer amount, then days later tell my OH a lesser amount

BaffledB

Member since
July 2021

876 posts

Posted Thu November 24, 2022 2:54pmReport post

The short answer to this is yes. Unfortunately, solicitors can make this whole journey worse as they can be incompetent. I would always suggest getting communication in writing - email. Although some will state that they don't use email but request a letter instead. Request timelines for what will happen and when and clarify anything which you are unsure of. Just because you're legal aid doesn't mean they can treat you any differently and should they not be willing to do those things or act unsatisactory then you are well within your rights to complain. Complaints against solicitors are extremely low - especially in legal aid criminal cases because people feel on a knife's edge but the governing body of solicitors encourages complaints regarding service in the same way consumers would complain about any other service or supplier. Have a look on the SRA (Solicitors Regulatory Authority) website if you feel like the solicitor is not performing to standard as they have strict guidelines to adhere to and failing to do so can result in them being struck off.



Sorry for the long winded response but I thought this may be beneficial to yourself and probably others in the future x

Lucy22

Member since
September 2022

103 posts

Posted Thu November 24, 2022 3:42pmReport post

Thank you! Long winded is helpful :) I will look at the SRA but he is not being so bad that I feel the need to complain, although might do so if OH gets a disproportionate sentence, but it feels like he is not updating us, has put almost nothing in email/writing to do with OH’s case, it's all been over telephone or zoom or the two visits to see OH. He didn’t tell OH he was going to see him until 2 days before the appointment but then tells OH he has to book appointments 10 days in advance, so I don’t get why didn’t update any of us on that. Didn’t tell any of us he had the documents to do with the case ready even though he knew we requested to read them once they were available. I asked for documents previously and he said he’d send them but I heard nothing for over a week and had to chase twice. Then his receptionist sends an email with information that’s incorrect. Are we supposed to chase them regularly, at the end of the day we’re the clients, my OH is the main client, shouldn’t they be the ones taking the initiative to update us. Duty solicitor told OH to tell police “everything” but from a legal point of view this doesn’t seem necessarily wise as there was not much evidence for “everything” he told them, too late to do anything about it now but I do wonder how OH’s case would be going if he had had a private solicitor from the start

GZ

Member since
December 2021

164 posts

Posted Fri November 25, 2022 2:34pmReport post

Hi,

my oh used the duty solicitor for both of his police interviews, he was advised to say no comment.
when his charges came the duty one said to please guilty, take what comes and said he'd go through the evidence on the day of the plea hearing.

We weren't happy with this and changed solicitors, this meant we had to pay for them for the plea hearing in magistrates but then got legal aid for crown. They were completely different, I got full disclosure so they communicated with both of us. They got the evidence straight away, questioned evidence and got 2 charges dropped. Questioned the SHPO and got that amended.

We got the best outcome possible because of our solicitors and I dread to think what could've happened if we had stayed with the duty one

Lucy22

Member since
September 2022

103 posts

Posted Sat November 26, 2022 12:37amReport post

Can't believe they said they would wait til the day of a hearing to go through evidence! I wish we had changed solicitors like you did but my OHs parents for some reason thought the duty solicitors firm seemed decent, but I didn't get that impression when I spoke to them. It feels like my opinions and suggestions get ignored often as a young female!

I'm glad your second solicitors worked out so much better, that's amazing! My solicitor hasn't even mentioned changing the SHPO and won't have a meeting with us until the probation report is ready which might not be until just days before court. It really pisses me off.

There's only two points on it I want clarification over though which are:

Not to use any Internet instant messaging resources for any textual conversation (Snapchat / Omegle / Etc ) and Not to operate a private Internet account

Does anyone know what that means? Does that mean no whatsapp or iMessage too? No normal texts? Companies often text or whatsapp to carry out work so I'm not sure how that works in reality. And what on earth is a "private internet account"?

Distressed and pregnant

Member since
November 2020

1044 posts

Posted Sat November 26, 2022 4:58pmReport post

Hi Lucy,

It certainly reads like no texts at all so that should be challenged if it doesn't list all the platforms he can't use. Private internet account I believe is the incognito function on Google etc xxx

Lucy22

Member since
September 2022

103 posts

Posted Sat November 26, 2022 6:35pmReport post

Hi, that's what I wondered but the incognito mode one is already covered in "using or activating any function of any software which prevents a computer or device from retaining and/or displaying the history of internet use, for example using 'incognito' mode or private browsing"

It's so confusing!! xx

loulou74

Member since
September 2022

255 posts

Posted Sat November 26, 2022 7:51pmReport post

Do they mean a VPN? Virtual private network? As these hide the IP address and are encrypted.

Lucy22

Member since
September 2022

103 posts

Posted Sat November 26, 2022 9:30pmReport post

Could be! Solicitors won't bloody explain shit to us, I need to push to find out next week

Edited Sat November 26, 2022 9:31pm