Just sitting waiting for a phonecall from the courts mediation service – I’m being sued by a negligent divorce lawyer that I refused to pay. Long story.

Anyway, any tips or advice, humorous, helpful or otherwise to help pass the next couple of hours?

Oh do tell…

cynic-al – Member

Oh do tell…

OK, potted version, 2 years of expensive to-ing and fro-ing, ex’s solicitors sent a consent order (final settlement) that I basically agreed to barring a bit of minor clarification.

I emailed this to the solicitor and didn’t hear anything back until an estate agent came knocking on the door trying to put my business premises on the market!

My solicitor had ignored/lost my email, the consent order was withdrawn and I was sent back to Square One with a very impatient opponent and no solicitor.

Took me a further 6 months to recover the situation so I withheld about £1.5k payment.

He’s suing me saying I should have chased him up. I’m refusing saying that if he didn’t think I’d replied, he should have chased me up seeing as it was the single most pivotal point in 2 year’s protracted negotiations.

He did admit that they were aware that the systems failed and they lost client emails too.

How were they negligent – are you still married then???

BIt of fault on both sides I’d say, why didn’t you chase them?

BIt of fault on both sides I’d say, why didn’t you chase them?

Agreed, how would previous behaviour fit into this? If he can prove you had been pushing previously, you are a bit of a pusher, aren’t you? Would this have any effect?

I’d also check for tattoos to help support your case. I bet the scoundrel has a dolphin tattoed on his ankle or something equally twee. Once found, you should be able to use it as the basis of his incompetence.

It’s quite good fun this!

My argument is that I employed a reputable law firm on the basis that they would “manage” my divorce. That’s what they promised in their client care letter.

Earlier in negotiations, they chased up all unanswered letters within a week (one sometimes needs a bit of a kick up the arse when going through something as stressfull as a divorce).

They didn’t, however, send receipt of delivery letters/emails when I corresponded with them. When you write to a solicitor, they in turn write to the opposing solicitor, who writes to their client, who responds… There might be a bit of back-and-forth between them, then they write back to my solicitor, maybe a bit more to-ing and fro-ing, and then they reply to me. It can take weeks, even months. So when I didn’t hear anything for a few weeks, it didn’t strike me as odd at all.

But if I’d not responded to the single most important letter in 2 year’s of negotiations, why didn’t they chase me up? That’s my argument. Well, bit more complicated… And I suspect he has concealed tattoos… He wore a “pinky ring”. <shudder>

He wore a “pinky ring”

I’d argue that you employing him in the knowledge of his being a pinky ring wearer is negligent on your part and can be construed as willingness on your part to bend over and wait…..

BBSB +1. Never trust a man with a pinky ring… I learned that from TV.

He kept his hand under the table during our first meeting… Pin-striped perma-tanned unctuous twunt!

This is ace, it’s a bit like Deal or No Deal! Just eaten a great big iced bun washed down with a very strong coffee…

Just waiting for that phone to ring… :o)

Are they saying they didn’t hear from you rather than lost the email?

They admitted that their system went down and lost client emails. I can prove I sent it, they don’t dispute that.

They just came back an offered to halve the outstanding sum. I told them…

“See you in court”

(always wanted to say that)

You won’t get very far fighting lawyers. There’s few things worse than when you get their backs up. However, they loathe suing their clients – not very good for repeat business.

Mediation happens outside court. It’s not a court process, but can create a binding settlement.

What’s not clear is whether they, knowing that you had received the consent order, did nothing to advise you of the impending expiry date for you to sign it. That, along with their systems downtime, may be some grounds for pursuing a negligence claim.

If you genuinely consider them to be negligent (see above) I would:

1. Engage another set of lawyers who are specialists in professional negligence claims (I know a very good firm). They will get the court action stayed whilst you try to sort this out.

2. Consider reporting them to the Solicitors Regulatory Authority. this is the statutory body that regulates solicitors – and its bite is as bad as its bark.

Thanks Ourman, that’s interesting advice. To be honest, it’s dragged on so long, I don’t want to embark on another expensive and lengthy legal battle – especially over £1500!

But as I said to the mediator, this isn’t about money – it would have been far easier and less costly from a personal POV to pay them off. But I simply can’t write a cheque to them, no matter how reduced. I just couldn’t allow myself to do it on principle!

Going to have a look at that website though, are they helpful in cases like this?

(and no, they didn’t discuss expiry dates and they were well aware that their servers failed between Christmas and New Year when I sent my response)

And I suspect he has concealed tattoos…

Suspicion is good enough for me. It’s the solicitor’s fault 100%. It makes me wonder who you can actually trust these days. It’s all gone to the dogs. And those dogs are generally staffies… Back in the day and all that… Tuppence ha’penny…Grrr!

Another point, the format of the consent order changed in the intervening period, rendering the one I’d been given useless. I would have thought my solicitor would have been aware of this and should have taken action to chase it up before it became obsolete.

Don, suspicion is nine-tenths of the law… Or something.

I would have thought my solicitor would have been aware of this and should have taken action to chase it up before it became obsolete.

Smells more and more of negligence (though I’m no litigator, so couldn’t say how material this actually would have been). You could do with other advice, especially as it (may well have) lead to you suffering much more as a it result of failing to sign the consent order.

If any individual lawyer has tried to cover up negligence, then they may be up for dishonesty. The SRA takes this very seriously and, if proven, it’s now guaranteed to lead to being permanently struck off.

The SRA is good, but slow. It’s also not going to stand in the way of the private action between you and the law firm. What it does do is investigate where lawyers may have breached their responsibilities to their clients – you seem to have a case worth bringing to their attention.

You’d think if their server went down they’d have a duty of care to email all clients advising of that and asking to re send any emails.

Exactly Al, but I’ve just had a look at the SRA website and they won’t investigate poor communication, which is essentially what this case amounts to.

I rejected their offer in this afternoon’s mediation, would it be prejudicial to write to them stating that it’s not a matter of money, and I’ll give them one last chance to write the debt off otherwise I’ll fight it in court?

Just wondering how much it would cost them in fee-earner’s hours to attend court… I’m surprised they’ve not written it off by now.

You won’t get very far fighting lawyers.

You will if you’re in the right.

I rejected their offer in this afternoon’s mediation, would it be prejudicial to write to them stating that it’s not a matter of money, and I’ll give them one last chance to write the debt off otherwise I’ll fight it in court?

Just stop a minute before you get yourself into trouble..!

If you go to court, all your correspondence will be fair game. So think carefully about what you write. all parties need to be seen to be working towards a solution before courts are involved.

If you are going to reject their offer, make sure you are clear (facts only!) as to why. That will help better.

Good luck. I hate lawyers. I should know – I am one.

He wore a “pinky ring”

I think you’ll find a great many gentlemen wear pinky rings, including Sir Winston Churchill, and His Royal Highness The Prince of Wales.

Admittedly, so did Frank Sinatra, so yes, some oiks wear them too.

I understand that! And don’t worry, I would be very careful. But is it a tactic that’s likely to get a result, or would it just compromise the case?

I was thinking along the lines of “it’s not about the money, it’s about refusing to pay for such a poor level of service, contradicting the promises in your client care letter etc, jeopardising my home and business premises, and costing me an immeasurable amount of time and stress. I’m fully prepared to fight this in court, but if you’re prepared to apologise and write off the debt, I will consider the matter closed…”

Or am I being an idiot?

I think what we can learn from this is: don’t get married, it’s painful and expensive!

Wise words indeed Kevevs! I have a tendency to equate the solicitor’s bills to bikes. There’s a nice Pinarello with Zips and Dura-Ace Di2 plus a carbon Blur LT2 with XTR so far!!!