Hi Everyone,

Wondered if anyone would be able to give me some advice.

Two years ago I went through a really messy divorce. My ex dragged things out as far as he could. During the final hearing I was represented by a barrister who was supposed to be there for two days. Her opening comment to me was that she couldn't be there for two days as she had another court case, as you can imagine that went down well! Anyway, after only 4 hours during which she aided my ex as he was un-represented, it was decided by the barrister that I would have to pay my husband a considerable sum of money in order to buy out his share of the family home. (This was way more than I had been lead to believe I would have to pay him). I received legal aid and had to pay back a large sum out of the divorce settlement (again, more than I was told I would pay back).

The barrister submitted her bill which was absolutely extortionate and I refused to pay. I complained that she was supposed to be representing me in court and yet she was advising my ex husband, and also the fact that she was only in court for 4 hrs and not two days. The bill has remained in dispute until two days ago when I got a call out of the blue from my solicitor saying the barrister is demanding payment and threatening to sue. This was after a year of not hearing anything. Both myself and the solicitor thought it was finished with but now the barrister is demanding money.

The situation now is that I don't have the money to pay the bill due to my ex telling our two older children ( our two younger children live with me) that I "have all the money". I did set money aside to pay the bill but I was under constant pressure to help my older sons with accomodation fees etc. and now I am not in a position to pay the bill. I am not working at the moment and can't see how I can pay. I'm absolutely terrified of having to go to court again and of being sued.

Any advice would be greatly appreciated.

regards
motherbear2008

Hi

I've just noticed you've not had a reply.  I'm not too sure where you stand legally.  I would go and visit your local CAB and see if they can shed some light on her position.  I wouldn't have thought that she could charge you for time she didn't put in on your case.  Their must also be records to show she was on another case when charging for yours.  Also if she was advising your ex husband then you should request that she invoices him for the services he received.  Pesonally if he didn't agree to representation from her then she couldn't do this but I would make the point that you are not paying for the advice that she gave to another party especially in your own case.

I would also ensure that anything I did was in writing only and sent by recorded delivery so that you can prove you have had correspondence.

Good luck and I'm sorry I couldn't be much more help.

Kaz x

Hi motherbear

This is a more difficult one than it looks.

Your solicitor is the best one to advise if her bill was extortionate. Barristers charge for their court time, their clerk's time and the time they need to take instruction from your solicitor (who will be able to tell you exactly what instruction was given) and to prepare their case and skeleton argument which is presented to the judge.

You say she helped your husband but doesn't say how. If it is to tell him what he should be doing in court then I think this is both not unusual and could work in your favour. If he didn't know what he was doing and was unrepresented then this would have meant more time for you in court and more barrister time. The judge would be much more sympathetic to him and give im time to sort himself out, possibly lead to an adjournment and another court date.

If she was telling him what to argue then that's a totally different thing.

Have you analysed her bill as to which elements are overcharged? Has your solicitor confirmed the instructions given and if they think the bill is unreasonable and did they challenge the bill at the time giving reasons for the challenge?

You say that your husband got a bigger pay out than you had been led to believe ... was this by the barrister or the solicitor? If she agreed something in court it can only be on the instruction of your solicitor or you. Did she tell you what she was going to argue before hand and if so, did your solicitor agree to this?

As for the legal aid pay back then that's down to the legal aid board and this detail would have nothing to do with your barrister. You should challenge your solicitor on this one.

CAB will not be able to help you on this. You need to speak to a solicitor (think about still using the one you have or not) who can challenge the bill properly. Your other option would be talk to the Solicitors Regulation Authority "SRA" (google them for the contact details) who will be able to give you more advice.

HTH

Lottie

CL of Money Matters

Hi Lottie,

Many thanks for replying to my message. You made some really good points which I am now thinking about.

As for the barrister aiding my ex, I don't really know what she was instructing him to do, but I suspect as you pointed out she was probably trying to chivvy him along so as to avoid long drawn out court ordeals. My ex had managed at every twist and turn of the divorce to buy himself more time, by getting things postponed etc. so as to avoid answering questions re. form E.

The experience was awful. As our case was considered complex, the solicitor said it was scheduled for the courts at Newcastle quayside as it would take about two days. A few days before the hearing I was called and told that there was a change of plans and that we would now be going to Durham County Court. This court doesn't usually deal with such matters. The place was quite daunting, instead of being around a table and very informal it was quite intimidating.

My solicitor asked me to get to the court on the morning of the hearing about an 3/4 hour prior so that she and myself could go over the paperwork. I was left waiting in an area alone for quite some time and then the barrister arrived. She asked where the solicitor was and I told her she was not there yet. That's when the barrister told me she couldn't be there for two days as she had " a video link-up at Newcastle". I found this most odd. I felt as though the whole thing was rushed through for her convenience.

I had to try and brief the barrister very quickly and the barrister was not even equipped with the relevant paperwork, I had to give her the file with my information in. The solicitor arrived a short time before we were due to go in to the court room.

During the time we were waiting to go into the court room, the barrister came up with the sum of £32,800, this was the only time the sum had been mentioned to me. My solicitor told me I would only have to pay my ex £20,000 if that! in settlement. The solicitor now says that I should have opened my mouth on the day and not complained after about this fact and in hindsight I suppose she was right, but what the
solicitor did not take into account was that I had had to move out of the family home with the children and was now living in a damp cramped two bed bungalow. I was sharing a bedroom with my then 18yr old son and 5 yr old son and my asthmatic 13yr old son. I was under extreme duresse and did not relish the thought of living in the place if the court hearing was delayed.

Anyway Lottie, thanks very much for your advice, it was much appreciated. Sorry if I've waffled on but it really rankles me the way things have gone. I feel like saying to the barrister "I think you've cost me more than enough money already".

Regards
motherbear

Hi motherbear

I think your issue should really be with your solicitor.

You solicitor instructs the barrister. She should have provided all the necessary document, witness statements, evidence in a bundle to the barrister and have been there to brief the barrister ahead of the case.

She should have known all the facts of the case and ensured you were happy with it or at least understood why certain decisions or suggestions were being made.

Dealing with barristers can be intimidating as can going to court, and that's not taking into account the stress you're already under. Your solicitor is being paid to deal with this as she understands the roles each plays, the law (hopefully) and how decisions are made.

If she told you £20k then she should have challenged an amount that is nearly double that.

I'd challenge your solicitor rather than the barrister. I'd guess your barrister charged for the time she had to wait about for your solicitor etc. If this is the case then your solicitor should be paying for this.

Let us know how you get on.

Lottie

CL of Money Matters