To apply for funding certificate or not?

I have just completed my application for funding regarding whilst being the Respondant to a contact order application, my solicitor then planned to extend the funding to sort out the finances as my stbx is refusing to disclose his financial information. However, I am considering whether I really need to apply for funding as the whole Statutory Charge issue sounds very daunting. My solicitor has so far been pretty useless, and it seems unfair to me that they will gain so much money from me when really they haven't impacted positively on my case at all and will no doubt continue not to do so. If I decided to cancel my funding application (I assume I can do this...?) then what would the implications be regarding the contact order? Could I still use legal aid to get legal advice, but just not have any legal representative at court? Regarding the finances, if I saved enough money to pay the fee to complete the Ancillary Relief form A, would there then be further costs? Any advice would be greatly appreciated.

Jenna29 wrote:

I have just completed my application for funding regarding whilst being the Respondant to a contact order application, my solicitor then planned to extend the funding to sort out the finances as my stbx is refusing to disclose his financial information.

If you require advice and assistance in relation to finances but cannot fund this privately then you have two options: litigate in person or allow your solicitor to extend your public funding certificate to cover the finances.

However, I am considering whether I really need to apply for funding as the whole Statutory Charge issue sounds very daunting. My solicitor has so far been pretty useless, and it seems unfair to me that they will gain so much money from me when really they haven't impacted positively on my case at all and will no doubt continue not to do so.

The Statutory Charge is very fair – if you recover or preserve any money or assets as a result of public funding, you have to pay back the legal fees incurred under your public funding certficates(s) up to and including the value of the money or assets recovered or preserved. Effectively the Legal Services Commission is agreeing to pay your fees and will only look to you for payment if you obtain anything from proceedings – pretty fair really, don’t you think?

Moreover, the Commission only pays the solicitor around £66 per hour which is between one third and one half of the fee a private solicitor will usually charge. As a result, even if it is a foregone conclusion that you will have to repay your costs you will still only be paying a fraction of the fees that you would have privately.

If I decided to cancel my funding application (I assume I can do this...?) then what would the implications be regarding the contact order? Could I still use legal aid to get legal advice, but just not have any legal representative at court? Regarding the finances, if I saved enough money to pay the fee to complete the Ancillary Relief form A, would there then be further costs? Any advice would be greatly appreciated.

If you cancel your funding now, you will have to represent yourself or pay your solicitor privately. The latter is probably not a real option as the solicitor will require payments during the case which you are unlikely to have as you are entitled to public funding.

There is no middle ground, either you have public funding or you do not. Your solicitor cannot expect to be paid for advice that is outside the scope of your public funding certificate.

Finally, if you do save up and issue financial proceedings yourself, there is no further fee to pay provided that you at in person throughout.

Charles

Thank you for your reply. I am just rather frustrated because today I had my appointment with my solicitor cancelled for the fifth time. We are supposed to be in court next week for the first hearing regarding contact; though as my funding certificate isn't through yet I have no idea if she'll be there, particularly because I haven't yet met her! Would you discourage doing things alone rather than using the funding to have legal assistance?

The process of obtaining public funding is notoriously littered with red tape. Your solicitor cannot see you until funding is granted hence the cancellation of the appointments. You could pay privately but I would guess that this is not an option.

I would personally seek legal assistance as I know what can go wrong if the right issues are not addressed. The preparatory work is just as important as a final hearing. A case needs the right preparation as neither you nor a solicitor or barrister can make a silk purse out of a sow's ear.

Charles