Can you complain about other sides solicitor

.Charles I agree that any lies come from the client but and this is a big but.

This is family law not criminal and many lies are so blatant they really should not be taken at face value.

I appreciate that a solicitor has to believe their client but they do not necessarily have to write what are sometimes very inflammatory letters often making a bad situation much worse.

I agree about inflammatory letters. There is nothing worse that backing someone into a corner thus increasing the conflict.

However, a solicitor must take instructions at face value. It is for the court to decide who is lying or who has the wrong end of the stick (it is perfectly understandable for a person to believe something that isn't true and which cannot be disproved such as material non-disclosure or a fictional asset).

You also overlook the possibility that a client may be going against advice. If a client says "I don't want you to accede to their requests, tell them to accept my offer or take me to court" - the solicitor can plead with the client to be more reasonable but that doesn't always work. Some people pay for advice then ignore it. Solicitors can do very little about congenital idiocy.

Can you give an example of a blatant lie and why it *must* be a lie? I suspect that when written in black and white it would look perfectly legitimate until you explain your side at which point only third party evidence could decide or failing that, deciding who is the most credible party.

Charles

Having re read the nasty letter, implying I am a thief, I have decided to try and take this further.
I have already had to suffer my family and friends being told un truths about me, then any person that would listen to him, which I let go. But to have lies in writing from an official, who is also fighting for his settlement case, seems so wrong that I feel I need to say something...as in this is totally wrong, he is not in a sane sense of mind, he is nuts, he is inventing stories...it's all wrong and has a very negative impact on me and his children, when we are totally innocent? Surely there is some way I can complain?

I don't know how the law works but can't your solicitor if you are using one write a letter arguing your case. I completely understand how you must be feeling. I never realised until now how nasty divorce can become

I hope so! It seems so wrong that nasty derogatory things can be said against you, yet there is no recourse.

Is there anyway you can prove what he said was lies and then get your solicitor to forward this proof. Even if you don't get an apology at least you know yourself. The other thing I have learnt since going through my divorce the people who know you and believe in you are the people that matters

I'm afraid other than giving you some satisfaction of having written a complaint, your efforts will most likely be wasted.

Let me give you my example;

My ex told his solicitor that I had abducted the children. He told him that I had left without telling him where I was going and when I would be back and he had not had any communication since. The children had missed two days off school.

The solicitor took his comments at face value and completed the neccessary forms for an Abridged Hearing before a Circuit Judge on the basis that the children had been abducted from the family home.

I had to appear at Court ill prepared with less than 24 hours notice and no legal representation before the Circuit Judge. I had nothing prepared and was a complete mess.

During the emergency hearing it became clear to the Judge that there was no abduction and my ex had in fact made that claim with the knowledge that it would get him a Court hearing immediately. My ex got a stern telling off and the Judge completely believed me and dismissed what my ex had claimed. I showed emails between myself and the school where I explained that due to domestic abuse I had fled the family home for my safety and that of the children and that I had kept the school informed of the situation. I also was able to provide a police reference to show that on the day that I left the police had attended and I explained that the officer had advised me not to return to the property for my own safety and in fact my ex was denying me entry to the home.

So ultimately the lies were exposed and had a negative impact on my ex in Court.

But was the solicitor who wrote to me accusing me of child abduction wrong? Was he wrong to make the application to Court for an abridged hearing? I think not. How could he have known that my ex was not telling the truth.

The truth will come out in the end and the longer it takes the more damage it will do to the person who was dishonest. It's very satisfying when you get to sit back and watch the false story unfold and watch your ex squirm in Court.

I do understand that some solicitor letters can have a very dominant and intimidating tone which really doesn't help matters.