not sure about solicitor

[Unregistered]

Since a very close relative was wrongly charged with rape 8 months ago he has only had contact with his solicitor once, to go through his own statement. No DNA test yet, no statements from others. What can he do to help himself? Who is building his defence case?
He is using the original duty solicitor through Legal Aid.Can he change solicitor this late on and is it worth it?
Anybody know the ballpark figure for a private solicitor?

I know he reads this site regularly which keeps his spirits up. Hope someone can help with the above. Thanks.

[Saffron]

HI there

sounds like he definitely needs to change sols to one that is a specialist in these types of cases. we relied on the duty solicitor and bitterly regretted it - she was appalling!
You can change solicitors, but depending on how far along the legal process is, it can be difficult. Specialist solicitors are still available on legal aid. RF will doubtless be along to give you her advice shortly. If you register as a user of this site, she will be able to PM you with advice.

Good luck and stay strong.

[Rights Fighter]

Unfortunately it is much more difficult to change solicitors down the line as judges will often not allow a transfer of funding these days. You will need to prepare an argument as to why you wish to change now.

It is possible that the reason your relation has not heard from the solicitor is that there is nothing to update. The solicitor should be making frequent and regular applications for primary disclosure (and the very helpful "unused" disclosure) to the CPS - unless of course the CPS have done their usual trick of dragging their heels in obtaining this from the police.

Maybe your relation should contact the solicitor to ask if they know exactly what is going on and if they have any information, to share it with him. He could of course go to the police station or write to the officer in charge asking (politely) what, if anything, is happening with the case as he needs to know.

I cannot contact you directly as you have not registered.

[Freddie Q]

registered

Thanks for the advice.
At the one and only meeting the solicitor spent about half an hour talking about how pleading guilty gets you a lesser sentence. He then went on to say that the advocate they use had a similiar case fairly recently and lost it. The advocate has been practising for defence 2 years, can my relation ask/insist on using a more experianced advocate?
If not could I pay for him to have an advocate and him still use legal aid for the solicitor?

Thanks again

[Rights Fighter]

Are you in Scotland? I ask as you use the word "advocate" as opposed to barrister.

The law is different in Scotland. However if you plead guilty here you have little or no chance of appealing the conviction should you wish to later on. Further a trial could actually bring about a not guilty verdict too - which means that in pleading guilty prior to trial you are not giving yourself the chance to be found not guilty.

Barristers aren't paid much at trial hence their eagerness to get the defendant to plead guilty prior to trial.

[Freddie Q]

I am in Scotland.
My relation has no intention of pleading guilty, I just mentioned it to show what this solicitor is like and why I think he should change solicitors. It just seems to be one thing after another for him. I know he should ask his solicitor some of the above questions but my relation doesn't want to get on the wrong side of his solicitor as the situation seems bad enough a it is.

[Rights Fighter]

Freddie I've PM'd you details of two support groups in Scotland and also two sols - one in Glasgow and one in Edinburgh

[Saffron]

Hi Freddie

your relative's case has struck a chord with me. I wish we'd had the foresight to get rid of our solicitor when we could....and our Barrister was useless too...in court he kept referring to the "victim" by the wrong name (he called her a boy's name!) and the sol never ever took our calls, and didn't even respond to our messages until i threatened to write to the senior partners. I would suggest your relative keeps hassling the solicitor and questions everything he is told. I wish we had kicked up more a fuss with our solicitor, but like you, we didn't want to risk upsetting her.

Hindsight is a wonderful thing! This is a very serious thing to be accused of, so your relative should do everything in his power to make sure the sol is doing his/her absolute best for him.

Good luck!

[frankgallagherwasere]

The old arguement of should one go Illegal Aid or Private ????

There are good legal aid lawyers (defence collectively) but there are bad private ones too !! If you get a bad legal aid one and the majority do your screwed and there is nothing else one can add.

The directives from the Law Society encourage defence to put least challenge up against the Crown leaving you helpless and at the mercy of a bent and corrupt system. True? Evidence? well one I was told by someone who knows and secondly you dont have to read many reports from victims of the justice system to realise its a little more common than just the odd few case and its throughout the legal system for all cases not just sexual ones.

The bottom line is you need a good lawyer and defence team, they dont have to be sexual case experts just honest and prepared to fight your case. Sexual cases are nothing special there are some special court and trial rules BUT nothing someone could master and understand. However what is important is the defence preparation or if any in some cases !!

If you can get it through legal aid great else I would strongly recommend anyone and everyone pay someone. After all if you lose the costs would far outway any upfront legal fees.

Also another note, I would strongly suggest refusing to deal with a junior always try and get the practice to appoint a senior partner who has years of criminal court experience and who has his practice and reputation to defend not just the accused !! Juniors are a complete waste of time sometimes and inexperienced and incompetent all too often.

An old post BUT one which Im sure people should be continuously reminded of as its always applicable no matter who or when you read it.

[kskc]

doesn't matter what solicitor you get, if they themselves don't believe your innocence i believe they don't bother trying.

[Rights Fighter]

That is not exactly true. Many solicitors and barrister get their work through word of mouth recommendations so even if they think the client is guilty they will still there best.

It is the same in all walks of life, you will always get bad apples and you will always get good ones. It is the luck of the draw as to which one the defendant will choose unless he has had advice from somebody who knows the defence teams with a good reputation - regardless of private paying or publicly funded individuals.

[kskc]

i guess i realise that. i'm sorry.