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Solictor holding my documents to ransom

  • kadeo
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10 Aug 17 #495326 by kadeo
Topic started by kadeo
Hi

I’ve been represented by the same solicitor in my application for a Residency Order in Belfast since proceedings began at the start of this year. I have been advised by friends, who have been through similar court battles, for many months now that my legal representation is doing nothing for me and only lining their own pockets. But, I listened to the tripe they were giving me about making things ‘seem’ a particular way to the court for my longer-term benefit and stuck with them.

Between my Solicitor and the Barrister she uses, I now believe my case has actually been harmed by them and so I must do something. I thought I would switch Solicitors and get new representation but my old Solicitor is now saying she won’t release my documents to the new one unless I pay her in full. This bill is over £1300! I don’t earn so little that I qualify for legal-aid but there’s no way I can afford to pay this bill any time soon and my next date at court is September 8th! Our original agreement was that I could pay her in instalments.

Reading through this forum it seems that going it alone, without a solicitor, will clearly be a cheaper option and it seems that I’m no less likely to be successful primarily because as a Father the chips are stacked against me whether I have a solicitor or not. So, I want to switch solicitors or let’s say I’m convinced to represent myself and decide to go LiP, what about my documents for a case that’s still at court? Can my solicitor hold my documents to ransom like this? They are my documents aren’t they? I have no intentions of not paying her bill I just can’t do it in the timeline she has forced me into. Worse, do I have to continue being represented by a solicitor and barrister that are harming my case because I can't afford to switch?

Please help. Where do I stand? What can I do?

  • WYSPECIAL
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10 Aug 17 #495328 by WYSPECIAL
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It's standard to not release your files until their bill is paid in full.

If you think about it then it is only fair and what most other trade and service providers do especially when the agreement is ending.

  • kadeo
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10 Aug 17 #495331 by kadeo
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So... I can't do anything about it then? I've no options? What even does that leave me? Do I have to continue with her? I'm not saying it isn't fair that she wants paying but where does that leave me right now?

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