Re:Solicitors - code of conduct ??

Hi there - just a question for all the legal wikis out there - is there a code of conduct that needs to be followed ????

I'll try to keep this brief

July 2011 (whilst both in FMH)

STBX estimates value between £330,000 & £340,000 to which he asks me to agree

December 2011 (I've now left FMH - him still here)

STBX wants to agree a value for final hearing of £310,000

January 2012

Financial statements exchanged - he states FMH estimated at £330,000 to which I have refused to agree

Today

Another solicitors letter requesting I agree to the value of £310,000 although he has increased to £315,000

What is going on ? All of these facts and figures are in statements and solicitors letters. How are they able to do this - do solicitors just write whatever instructed by client or can they say hang on - that completely contridicts what you said last week, and the week before that. It is confusing, unfair and also a waste of my time, solicitors time and my money !


I am so despondant with the whole system now, that I think he can just say whatever he wants without any questioning.

I would be interested to know some thoughts.

I am not sure that this is something to do with a code of conduct.

As far as the value is concerned, I assume that estate agent's valuations were obtained. If not, this is a pretty large figure to estimate - unless the two of you are in agreement and sufficiently confident in your estimate. If this isn't the case, I suggest you get one or two done; estate agents don't usually charge for this and it would give you confidence in figures.

I'm obviously not in a position to know, but it may be that the revised figures take into account a decline in the market since last July and/or the cost of selling. You could call who ever did the valuation and ask what the current value might be.

If your solicitor is ignoring instructions and information that has already been submitted, I would write a very 'straightforward' letter pointing this out and saying that you trust you will not be charged for the time spent on this. Don't be frightened of them; they work for you, you are not obliged to take their advice and they should do what they are told.

Hi there - thanks for the reply.

perhaps I didn't word it correctly but I have no complaints with my solicitor. It is the solicitors of stbx who are requesting an agreement on the lower value of £310,000 and yet Statement 25 received last week still says £330,000.

Estate agents all in agreement that should be marketed at £325,00- to £330,000 but stbx arguing that full asking price will not be received.

Thanks

As you say, your stbx is arguing that full asking price will be received. The solicitor is merely acting upon instructions.

You should not shoot the messenger. Your ex may well have been advised that the property is worth more but whether the advice is accepted or not is another question entirely.

Charles

Thanks for taking the time to respond. You are right to say don't shoot the messenger but I just find it so unjust that he is changing the value by £20,000 to suit whatever he wants at the time - ie. the house to be sold or trying to buy me out. I am well and truly disallusioned but the whole system. More pressing worries tonight - just received letter saying they are going to ask for an adjournment to the final hearing for ancilliary relief or they will seek costs - really unsure what to do - he is still in FMH, and I am renting which is unsustainable for much longer, and credit card debts mounting. Just when I thought is was nearly over, he pulls another one out of the bag - any advice greatly appreciated !