Please help- Solicitor may be screwing me over.

[res]

I am under a lot of stress as I am not use to Scottish system and require some help. I have been accused of assault with intent to rape. I pled not guilty and ended up on legal aid with a solicitor. He was kind and understanding, but he wouldn’t do the things I asked him to. This included talking to witnesses, getting a medical expert as I am physically unable to run which is part of the accusation.

I was on legal aid, I ended up changing solicitors. Before taking me on, the solicitor was sharp, intelligent and asked every question. Unfortunately his tone is changed and blatantly told me that do NOT expect a A class service as I am on legal aid and that since he is not being paid privately there is so much he can do.

He tells me he can’t get anyone to interview the witnesses because legal aid board pays something close to £12/ hour and it just isn’t worth the money. He also tells me that I have very high expectations; I have moaned at few occasions that he doesn’t return calls. When I manage to get appointment, I am shoved on to assistants who are of no help. The solicitor knows that my parents have the financial means, but I don’t. He’s pushed me at few occasions now asking that I should be paying privately to the tune of £250/hour. This solicitor is a solicitor advocate.

My trial is one month; I am blue and purple with this guy and lacking confidence that he will do his best for me. I’ve explained him that I can’t have a half-hearted effort. He told me he will do whatever he can with the limited resources allowed by legal aid. I am desperate as I have no clue how I got charged with this. My position is that I’m a victim of mistaken identity.

Can someone please shed some guidance? I’ve spoken to my parents and they are willing to help out financially and pay privately. They aren’t rich but are willing to dip in their pension money to help me with whatever I need. I feel bad, as I do qualify for legal aid and I feel I am being extorted by my own solicitor. He was quoting £20-25K for the case which is ludicrous.

Can anyone recommend other solicitors or QC’s? The case is being heard in Glasgow Sheriff court.

[Casehardened]

Welcome to the forum.

Thank you for mentioning that you are in Scotland as the legal system is somewhat different to the English set-up; in particular I believe you cannot claim your privately paid legal costs back if you win your case! (Hopefully one of our Scottish members will correct me if I'm wrong)

I have some sympathy for your situation, though if two separate firms of solicitors were unable to meet your expectations, possibly the legal aid available is not sufficient for decent representation.

In your position, you will need to feel that your solicitor has done his very best for you, and I personally would feel uncomfortable with somebody who told me they would try harder if only I paid them more.

Hopefully some of our Scottish members will be able to recommend from personal experience. e.g post #6 in this sticky:

http://www.daftmoo.org.uk/mooforum/s...ist-solicitors

[erin]

unfortunately most of the time you get what you pay for. I would rather end up in heavy debt then be sent to jail for a crime I did not commit.I have spent years of salary i don't have but there is no way I would rather mess with my life over money I can understand your point of view and your sols point of view....He want's to just show up to court with doing the minimum amount of work and get another cheque pure business...........................You want your sol to make phone calls to get experts to get of his ass and defend you but who wants to work for peanuts and I think criminal lawyers can get higher paid work so if i was you I would maybe meet the guy half way give him some extra cash after all your demands are met OR i don't know if you can get the trial postponed but maybe do that and get a new lawyer............................................ ......people are motivated by money so they can pay for life i understand where he is coming from good luck either way i know how your feeling it's not fair but sometimes we need to be strong through the storm-Never give up the fight!

[Rights Fighter]

There must be a Scots Law Society you can complain to -formally. The 'service' you have received is abysmal. Complain and hopefully you can change representation without too much trouble.

[Izzy]

I would make a complaint to the firm of solicitors, they should have a internal complaints procedure and see if your complaints can be resolved. Maybe that would be the best start? You obviously need to build your defence and if the legal aid doesn't cover it, you need to find out what they expect you to pay and what work will be done for that.
You also need to have done this first if you want to take the complaint further.

Took to long to type my reply and didn't notice RF reply, didn't want to advise on changing representation as I wasn't sure how easy it was.

[Rights Fighter]

He cannot mix public with private funding so he cannot just contribute without this being sorted out with the LSC or whoever the organisation is in Scotland.

In England it is not at all easy to change representation but if what the OP says is correct then he is more likely to get help transferring if he makes an official complaint to the Scots Law Society. Usually I would suggest going to a senior partner first but if he does and he still remains with the same sol the input of work is not going to be as good as it should as there will be bad feeling that could impact on the quality of assistance he would receive.

[res]

Here is a bit more information. In retrospect, I changed previous solicitor hastily. The current solicitor advocate’s firm is highly regarded in criminal law. In our first meeting, I felt he will go all out for me. It’s clear now that it was his intention all along to be paid privately. I understand that people have to be paid, and I feel for someone who doesn’t have the financial means. I don’t either, but family is willing to help.

I offered to pay him money privately, which I’m sure is handsome amount to other solicitor/s. This particular one still doesn’t seem too happy. I have a hearing coming up for admissibility of certain evidence without which they don’t have a leg to stand on. The crown suspects the evidence is inadmissible under law and wants the sheriff to order that DNA samples are re-taken from me.*

My solicitor is not discussing his line of argument with me. If anything he’s told me that I don’t need to see him and he will really work on this when we are a week away from trial. He continues to send this junior solicitor, who’s been admitted only a year ago and struggles to answer my questions.*I am pooping in my pants that this Jr solicitor is going to argue the admissibility hearing without much preparation or success.


I have to make a decision this week. I can sack him, go to another solicitor, start fresh and pay them privately. Or I can pay him, (I still can’t pay him what he’s expected), but getting paid half of the sum he expected which is still a lot more than what would be paid through legal aid, he may still not be happy because it didn’t meet his expectation of compensation of £25K.

He is a solicitor advocate so I suspect he will be trying the case himself. If I were to switch solicitor they will have to instruct an advocate/QC. As I understand it, the criminal legal costs are not recoverable in Scotland. Should I change the guy? How do I know that the other law firm will do a better job and not milk my poor parents for money or try taking advantage of the situation.

This does sucks because I am perfectly eligible for legal aid. I am willing to accept that I need to be indebted to my parents and accept that legal aid may get me convicted and that privately paying solicitor may work harder to get me not convicted. At the same time, I am running out of time and I am surprised that how do people who are charged with murder and similar offenses and are detained raise a robust defense while on legal aid.*

Should I sack him or should I retain him? My best friend thinks that I should sack him. My parents are half-hearted and have the decision on me.*

[res]

Can someone please recommend solicitors in Glasgow area. Here is a shortlist of people that I had in mind and this is on the basis that I will pay privately depending on their fee quote.

1. Aamer Anwar. I have seen his name in media quite a bit.
2. Scullion Law Firm.
3. Reid and Fleming.
4. Jim Friel ( I was given this name by someone who was sharing the same cell as mine while waiting for bail and was accused of attempted murder. I figured if he's good enough for that serious of a case, he sure as hell is good enough for a case like mine).

Or, I can stick with my current solicitor, whose name I can't share just now. Just to be clear, their law firm and this lawyer in particular tried some high profile cases in high court of Scotland and mine is a sheriff court matter. It's purely down to money and that if the man is going to do a good enough of a job- I was warned by two or three people that he is pretty good but have a reputation for being very greedy).

On another note, I can see why people are driven to suicide under such times. I don't have any children, but if I had one and he/she died, I will probably feel as dead as I do now. The case is approaching and I think I can probably get may be three hours a sleep at night. And I can honestly say that part of it is because I am not sure if my solicitor is working for me or not and weather he gives a $hit or not. Sorry for the venting session, I wish I never found myself in this predicament, but if it had to happen, I wish it happened in England. I feel that Scottish solicitors in general are not open to relying on technology to defend their clients.

Ok! rant over. Apologies again!

[Rights Fighter]

Here is a bit more information. In retrospect, I changed previous solicitor hastily. The current solicitor advocate’s firm is highly regarded in criminal law. In our first meeting, I felt he will go all out for me. It’s clear now that it was his intention all along to be paid privately. I understand that people have to be paid, and I feel for someone who doesn’t have the financial means. I don’t either, but family is willing to help.

I offered to pay him money privately, which I’m sure is handsome amount to other solicitor/s. This particular one still doesn’t seem too happy. I have a hearing coming up for admissibility of certain evidence without which they don’t have a leg to stand on. The crown suspects the evidence is inadmissible under law and wants the sheriff to order that DNA samples are re-taken from me.*

......................................

I have to make a decision this week. I can sack him, go to another solicitor, start fresh and pay them privately. Or I can pay him, (I still can’t pay him what he’s expected), but getting paid half of the sum he expected which is still a lot more than what would be paid through legal aid, he may still not be happy because it didn’t meet his expectation of compensation of £25K.

You said earlier

I was on legal aid, I ended up changing solicitors. Before taking me on, the solicitor was sharp, intelligent and asked every question. Unfortunately his tone is changed and blatantly told me that do NOT expect a A class service as I am on legal aid and that since he is not being paid privately there is so much he can do.

He tells me he can’t get anyone to interview the witnesses because legal aid board pays something close to £12/ hour and it just isn’t worth the money. He also tells me that I have very high expectations; I have moaned at few occasions that he doesn’t return calls. When I manage to get appointment, I am shoved on to assistants who are of no help. The solicitor knows that my parents have the financial means, but I don’t. He’s pushed me at few occasions now asking that I should be paying privately to the tune of £250/hour. This solicitor is a solicitor advocate.

Are you on legal aid or are you paying privately? It is not clear.

What do you mean by "he may still not be happy because it didn’t meet his expectation of compensation of £25K?"

[Casehardened]

Hopefully some of our Scottish members will be able to recommend from personal experience. e.g post #6 in this sticky:

http://www.daftmoo.org.uk/mooforum/s...ist-solicitors

I hoped Lawlessone would have been along to tell us if he'd had any personal knowledge of the solicitor that he'd recommended; however their website suggests they have experience in this field and they aren't too far from Glasgow.

McCluskey Browne Solicitors

7 Portland Road
Kilmarnock
Strathclyde
KA1 2BT
Scotland

Tel. (01563) 544545

24 hour Criminal Hotline. 0800 917 7718


http://www.mccluskeybrowne.co.uk/

As I mentioned previously, with regard to the current firm, I'd be uneasy about negotiating the relative degree of commitment to what I could afford to pay

[res]

http://www.mccluskeybrowne.co.uk/

As I mentioned previously, with regard to the current firm, I'd be uneasy about negotiating the relative degree of commitment to what I could afford to pay[/QUOTE]

I am on legal aid at the moment. He said it openly that he can't spend too much time on it and legal aid is to be blamed and frankly I hated the fact that he was being so nonchalant about it. In sheer desperation, I told him that I can afford £X amount which is significantly higher than legal aid but lot less than his expectations of £25K which will burden my parents heavily.

He suggested that I get off legal aid, pay him privately the £X I offered and then get back on legal aid. The funds haven't changed hands and I wonder if they should or if the attitude will change or not. Glasgow is a big enough of a city to have quite a few solicitors. The problem is that I don't know anyone here and it's a hit or miss situation. Frankly the only reason I am getting off legal aid is not that I don't qualify because I am being told that legal aid is a sub-standard service (if not in those exact words) and the actions of this supposed highly regarded solicitor clearly shows that though his firm is signed up for legal aid, he is not too keen to work on those rates. Ultimately its down to money and that do I want to stick with this solicitor.

Interesting that first day when he though I was going to be a privately paying client, he gets his "assistant" in to take notes. I reckon this was to charge up the bill. Later when it became clear that my parents and my money is separate and that I don't have financial means. I am lucky to get a phone call back or set an appointment. I have checked out the solicitor's firm here and I wish I could speak or write to the person who used them and his experience with them. Their office is pretty far out but just getting drained over this.

[Casehardened]

I have checked out the solicitor's firm here and I wish I could speak or write to the person who used them and his experience with them. Their office is pretty far out but just getting drained over this.

Once you've been a member for a few days (5?) you would be able to message him; unfortunately he hasn't been around for a couple of weeks or no doubt he would have responded on this thread.

I do understand though, that time is of the essence for you.

[Izzy]

He cannot mix public with private funding so he cannot just contribute without this being sorted out with the LSC or whoever the organisation is in Scotland.

In England it is not at all easy to change representation but if what the OP says is correct then he is more likely to get help transferring if he makes an official complaint to the Scots Law Society. Usually I would suggest going to a senior partner first but if he does and he still remains with the same sol the input of work is not going to be as good as it should as there will be bad feeling that could impact on the quality of assistance he would receive.

I think you need to complain through the solicitors first before you go to the Law Society or the complaint is deemed premature.
http://www.lawscot.org.uk/forthepubl...ng-a-complaint
Can see what you mean though about the relationship after you make the complaint but on the other hand it would look bad on the firm if a complaint
of poor representation was made to the Law Society about them, so hopefully it would give them a kick up the backside.

I think Lawlessone was using the solicitor he recommended, hopefully he will be back on soon.

[res]

I appreciate what you are saying Izzy. The issue is that I don't want to start something I can't finish. You can imagine I'm already drained dude to these proceedings and then the collateral emotional damage with loved ones. I simply don't have the will or the desire to complain about this solicitor. Frankly, this is a small place and there are certain unique factors in my case and I've already noticed that two solicitors already knew who I was. It seems the word spreads and all I want is someone who will look out for my interest and defend me with all his legal might. I'm afraid that complaining about this particular firm of solicitors will only open another can of worms that I am unable to handle mentally.

We have a hearing tomorrow on an issue where I asked him, and he agreed to be there personally. Let's see if he is going to standby his commitment or will I be manhandled by the 24 year old solicitor.

I think you need to complain through the solicitors first before you go to the Law Society or the complaint is deemed premature.
http://www.lawscot.org.uk/forthepubl...ng-a-complaint
Can see what you mean though about the relationship after you make the complaint but on the other hand it would look bad on the firm if a complaint
of poor representation was made to the Law Society about them, so hopefully it would give them a kick up the backside.

I think Lawlessone was using the solicitor he recommended, hopefully he will be back on soon.

[Rights Fighter]

I am on legal aid at the moment. He said it openly that he can't spend too much time on it and legal aid is to be blamed and frankly I hated the fact that he was being so nonchalant about it. In sheer desperation, I told him that I can afford £X amount which is significantly higher than legal aid but lot less than his expectations of £25K which will burden my parents heavily.

He suggested that I get off legal aid, pay him privately the £X I offered and then get back on legal aid.

I am sure that this is not allowed - certainly not in England anyway. Ask him to put it in writing (so you can think about it later) then approach the Scot Law Society with it.