Solicitor advice
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I have reached out to a solicitor I can across while researching terms seen in the forum, they seem well reviewed etc but upon recieving their cost estimates etc I am a bit shell shocked. Bearing in mind I have had no lgal dealings other than vehicle insurance/solicitors who claim their fees from the other party...
Does anyone have suggestions of who to reach out to, company etc, and is it worth it? £12000 estimate for the case start to finish is a big commitment, the accused (OH) cannot afford this and I would be going into savings at a time where I'm not sure what our outcome will be so I'm doubly conflicted
Does anyone have suggestions of who to reach out to, company etc, and is it worth it? £12000 estimate for the case start to finish is a big commitment, the accused (OH) cannot afford this and I would be going into savings at a time where I'm not sure what our outcome will be so I'm doubly conflicted
Aardvaak the approach I took to this is, it's your mess, so you can pay for it. Easier for me because we have separate finances. If I were you I wouldn't be using your savings (you might need them later). Maybe he should take out a loan in his own name to pay for it.
Look into legal aid, it is means tested but he may qualify for it. You could also try getting more quotes, see if there is anyone cheaper (although low cost isn't the most important)
I've found it difficult to detach myself from my partners case, it has irritated me how he has sometimes let things drift or not challenged or chased his solicitor on some issues. But I do try to distance myself because it is his problem, not mine, and he has to own it.
Look into legal aid, it is means tested but he may qualify for it. You could also try getting more quotes, see if there is anyone cheaper (although low cost isn't the most important)
I've found it difficult to detach myself from my partners case, it has irritated me how he has sometimes let things drift or not challenged or chased his solicitor on some issues. But I do try to distance myself because it is his problem, not mine, and he has to own it.
Hi Aardvark,
I was hoping to send you a private message but the function isn't on for you - maybe because you're a new member?
I personally don't think it is worth paying for representation but with that being said it depends on whether legal aid representation is up to scratch. I wouldn't bother paying anything until charges are made at the very least.
I was hoping to send you a private message but the function isn't on for you - maybe because you're a new member?
I personally don't think it is worth paying for representation but with that being said it depends on whether legal aid representation is up to scratch. I wouldn't bother paying anything until charges are made at the very least.
Basically, until charges are made there is little that a solicitor can do as they don't know what they're up against. It will likely be months down the line that forensics on devices are done and the case is passed to the CPS for charging decision. Once the devices have been looked at your OH may be asked back for a second interview. Did he give a no comment interview at his initial arrest?
Bitterbean - though I agree on finances etc I'm not sure any financial aid will be available to him because he lives in my house and I alone earn over normal means testing limit and I believe they always take me into account.. I will look into it though
BaffledB - Very new but in unsure how to get messaging activated, it says post in the forum (which I have done both here and on discussions so I guess it's just time now?)
As far as I'm aware he talked to them, probably primarily through sheer dumbfounded shock, and I don't believe the provided legal representation was positive... But I'm not 100%, we haven't had many in depth chats about it as it is seriously debilitating for both of us.
I am sorry to hear they aren't much use early on. My hope would be the earlier you get in the better control they have and I'm keen to avoid unannounced knocks or contacts in the future which solicitors seem to mitigate
I will continue to speak to people and see what options he has regarding loans as well.
Thanks
BaffledB - Very new but in unsure how to get messaging activated, it says post in the forum (which I have done both here and on discussions so I guess it's just time now?)
As far as I'm aware he talked to them, probably primarily through sheer dumbfounded shock, and I don't believe the provided legal representation was positive... But I'm not 100%, we haven't had many in depth chats about it as it is seriously debilitating for both of us.
I am sorry to hear they aren't much use early on. My hope would be the earlier you get in the better control they have and I'm keen to avoid unannounced knocks or contacts in the future which solicitors seem to mitigate
I will continue to speak to people and see what options he has regarding loans as well.
Thanks
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I think if you're married then your finances will come into play. Whoever said marriage was just a piece of paper huh?
I think maybe after your posts stop being moderated the messaging function should automatically switch on, shouldn't be much more.
You should be okay in regards to further contact/visits. They usually contact the arrested person by phone if they need any further info. I know it must be hard to speak about everything. It's all very fresh at the moment so perhaps soon you can discuss what has gone on OR you can decide you don't want to continue, there's no rules, it's all personal and whatever you decide or need we are here to support you.
I think maybe after your posts stop being moderated the messaging function should automatically switch on, shouldn't be much more.
You should be okay in regards to further contact/visits. They usually contact the arrested person by phone if they need any further info. I know it must be hard to speak about everything. It's all very fresh at the moment so perhaps soon you can discuss what has gone on OR you can decide you don't want to continue, there's no rules, it's all personal and whatever you decide or need we are here to support you.
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We are paying for a solicitor (well his parents kindly are) also still not got charges yet but our solicitor is dealing with the police, he helped us when my husband was Rui as the oic told him although he was Rui he still needs to stick to bail conditions which was total rubbish!! Our solicitor spoke to her boss who said she was wrong...
My husband spoke to a few solicitors before he picked one, most of them told him he would just get a suspended sentence the one he actually picked was honest and told him it doesn't look good etc which he felt he was being honest although didn't like it but he needed honesty not someone just saying you'll be fine you'll get off with it...
My husband spoke to a few solicitors before he picked one, most of them told him he would just get a suspended sentence the one he actually picked was honest and told him it doesn't look good etc which he felt he was being honest although didn't like it but he needed honesty not someone just saying you'll be fine you'll get off with it...
Thanks all.
So his duty solicitor told him to plead guilty, though he states he had no knowledge of the images, as they have him "dead to rights" after "recovering deleted images"... Solicitor I have spoken to just as a chat and see the costs etc makes this sound far less solid that police/duty solicitor believe
Issue is partner has no savings due to injuries, mental health, previous drug abusing ex and he has now been laid off from his job due to police involvement...
For my own mental health/peace of mind I want to go ahead with pre charge solicitor help, they should (hopefully) control the police, who are currently contacting me as they took his phone, and get non relevant possessions back sooner. They made it sound useful but obviously you want to sell yourself, so I don't really know and I'm not sure my OH will agree to it as doesn't want me to waste my money on him
So his duty solicitor told him to plead guilty, though he states he had no knowledge of the images, as they have him "dead to rights" after "recovering deleted images"... Solicitor I have spoken to just as a chat and see the costs etc makes this sound far less solid that police/duty solicitor believe
Issue is partner has no savings due to injuries, mental health, previous drug abusing ex and he has now been laid off from his job due to police involvement...
For my own mental health/peace of mind I want to go ahead with pre charge solicitor help, they should (hopefully) control the police, who are currently contacting me as they took his phone, and get non relevant possessions back sooner. They made it sound useful but obviously you want to sell yourself, so I don't really know and I'm not sure my OH will agree to it as doesn't want me to waste my money on him
A guilty plea should cost a lot less than £12,000. But if he is going to plead not guilty, then it could be that high.
As for pre charge work by the solicitor, there is only one reason to pay for that and it is if there is a reasonable possibility of getting the police to agree to a conditional caution, rather than a prosecution. Otherwise it is a waste of money. My son was quoted £5,000 to have a solicitor on a 'retainer', before they even knew what he had been charged with.
But a good solicitor can assess the evidence, before charges have been brought, just by talking to the person about what they did and what the police are likely to find. It's just not true, that the solicitor can do nothing until he is charged. I think solicitors tell us that, to keep us 'on the hook'.
Once the solicitor knows what the person has done, then they can go to the police (before charge) and say - 'my client admits to downloading x number of images, will you consider a conditional caution, if he makes a full admission of responsibility?'
Bear in mind, that there is no guarantee that the police will agree to this. They may be determined to prosecute, no matter what, and once he has admited to something, he cannot then take it back.
But if the solicitor can make a sufficiently persuasive argument, then he could potentially avoid prosecution and that is absolutely something worth paying for!
As for pre charge work by the solicitor, there is only one reason to pay for that and it is if there is a reasonable possibility of getting the police to agree to a conditional caution, rather than a prosecution. Otherwise it is a waste of money. My son was quoted £5,000 to have a solicitor on a 'retainer', before they even knew what he had been charged with.
But a good solicitor can assess the evidence, before charges have been brought, just by talking to the person about what they did and what the police are likely to find. It's just not true, that the solicitor can do nothing until he is charged. I think solicitors tell us that, to keep us 'on the hook'.
Once the solicitor knows what the person has done, then they can go to the police (before charge) and say - 'my client admits to downloading x number of images, will you consider a conditional caution, if he makes a full admission of responsibility?'
Bear in mind, that there is no guarantee that the police will agree to this. They may be determined to prosecute, no matter what, and once he has admited to something, he cannot then take it back.
But if the solicitor can make a sufficiently persuasive argument, then he could potentially avoid prosecution and that is absolutely something worth paying for!
Edel2020 - thank you, that is a new slant on this dilemma. Do you have experience of doing this or hearing of someone doing it with a successful outcome? (sorry if that's a bit too personal to reply to)
Wouldn't this have to take place after the evidence had gone off to CPS (so after devices checked) so the police knew what was actually on the devices, otherwise how could they decide whether to agree to a conditional caution? If so, how do you find out when the devices have been checked? My son's oic rarely replies to any emails and never answers the phone so seems to be less than helpful.
Wouldn't this have to take place after the evidence had gone off to CPS (so after devices checked) so the police knew what was actually on the devices, otherwise how could they decide whether to agree to a conditional caution? If so, how do you find out when the devices have been checked? My son's oic rarely replies to any emails and never answers the phone so seems to be less than helpful.
There is one that I am aware of.
https://www.pcdsolicitors.co.uk/advice-news/latest-news/case-success-caution-for-client-found-in-possession-of-577-prohibited-images-of-children/
In this instance the devices had been checked, but no charges had been brought at that stage. It was after the second interview had taken place.
Their website contains other stories of people charged with similar offences too.
https://www.pcdsolicitors.co.uk/advice-news/latest-news/case-success-caution-for-client-found-in-possession-of-577-prohibited-images-of-children/
In this instance the devices had been checked, but no charges had been brought at that stage. It was after the second interview had taken place.
Their website contains other stories of people charged with similar offences too.
Thank you Edel2020 xx
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I just think that if solicitors are going to quote large amounts of money up front, then they should explain how they arrived at that figure.
Are they making assumptions that the person will plead not guilty and that it will go to trial? Is that how they get to the sum of £12,000?
Obviously every case is different, but often the solicitors will ask for money up front, without even knowing all the details of the case. I could not afford to have £12,000 tied up with a solicitor for months, and I'm sure that others are in the same position.
Are they making assumptions that the person will plead not guilty and that it will go to trial? Is that how they get to the sum of £12,000?
Obviously every case is different, but often the solicitors will ask for money up front, without even knowing all the details of the case. I could not afford to have £12,000 tied up with a solicitor for months, and I'm sure that others are in the same position.
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Thanks all.
Daffodil - sound similar in the way I have been quoted. £5000 up to charge and fees after that point would be discussed or swap to legal aid with a lot of the work already done by the other firm. They're experienced with the cases and honest (as far as I've spoke/corresponded with them) and realistic about options to split cost.
I'm hoping to take a weight of our shoulders by knowing something is being done and avoiding unexpected police contact. Though to be fair to them I told them not to call me as private numbers are now triggering anxiety and they've agreed to that. Not been put to the test yet
Daffodil - sound similar in the way I have been quoted. £5000 up to charge and fees after that point would be discussed or swap to legal aid with a lot of the work already done by the other firm. They're experienced with the cases and honest (as far as I've spoke/corresponded with them) and realistic about options to split cost.
I'm hoping to take a weight of our shoulders by knowing something is being done and avoiding unexpected police contact. Though to be fair to them I told them not to call me as private numbers are now triggering anxiety and they've agreed to that. Not been put to the test yet
This question of fees was discussed on the Unlock website a while ago and people with lived experience of pleading guilty to iioc, were saying they paid between £3,000 and £6,000. My son paid around £3,000.
It is difficult to find information online about what the cost might be, but it does appear that solicitors in London are a lot more expensive than other places. I've seen some solicitors quote £400 for a magistrates court appearance and £1,500 for 1 day at crown court.
I think a lot will depend on whether they are going to challenge the police on the evidence, or just accept what the police have found. If they are going to ask for independent specialist to do assessments, then that would obviously cost a lot more.
It is difficult to find information online about what the cost might be, but it does appear that solicitors in London are a lot more expensive than other places. I've seen some solicitors quote £400 for a magistrates court appearance and £1,500 for 1 day at crown court.
I think a lot will depend on whether they are going to challenge the police on the evidence, or just accept what the police have found. If they are going to ask for independent specialist to do assessments, then that would obviously cost a lot more.
Thanks to everyone posting as I'm in the same dilemma.
OH has been charged with communication. I went to a solicitor straight away as I've never had any dealings with the law at all and although my OH is in the wrong I want the best outcome for our son.
I paid £1200 as a initial down payment which was soon used up for £30 for them to read an email, £30 for them to send one. We know owe another £1700 and that before we even get to court.
Solicitor has said that it'll be £1500 if it goes to magistrates and £2500 if it goes to crown court (which he thinks it will)
I paid the £1200 and have enough for the £1700 but I'm starting to feel annoyed now that all my savings will be gone on this. OH is shocking with money and has had a gambling problem in the past. I am in charge of all bills so he can't get me into a mess but the pressure is immense. I feel resentful that my kids can't go on holiday this year because all my money is going on this.
And I know this might sound so selfish but at this point does he need representation? He's pleading guilty....
OH has been charged with communication. I went to a solicitor straight away as I've never had any dealings with the law at all and although my OH is in the wrong I want the best outcome for our son.
I paid £1200 as a initial down payment which was soon used up for £30 for them to read an email, £30 for them to send one. We know owe another £1700 and that before we even get to court.
Solicitor has said that it'll be £1500 if it goes to magistrates and £2500 if it goes to crown court (which he thinks it will)
I paid the £1200 and have enough for the £1700 but I'm starting to feel annoyed now that all my savings will be gone on this. OH is shocking with money and has had a gambling problem in the past. I am in charge of all bills so he can't get me into a mess but the pressure is immense. I feel resentful that my kids can't go on holiday this year because all my money is going on this.
And I know this might sound so selfish but at this point does he need representation? He's pleading guilty....
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If you really wanted to reduce costs, then you could use the duty solicitor at the magistrates court. They can only represent you once and there is no duty solicitor at the crown court.
But for a guilty plea only, at the magistrates, it is literally just 10 minutes, in and out. Confirm your name and state your plea. That is hardly worth paying for, in a lot of cases.
But for a guilty plea only, at the magistrates, it is literally just 10 minutes, in and out. Confirm your name and state your plea. That is hardly worth paying for, in a lot of cases.
Thank you. I don't understand why it does to magistrates for them to just say, no it's got to go to crown court. What a waste of time and money??
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Thank you Dadfodil, I'm so clueless about court proceedings. I'm trying to get my head around it, so grateful for everyone's help on here xxx