Trial in days..... pleaase help!

[Soul2soul]

Hi all,

I have my 2day trial in a fee days and im worried dead sick. My defense team is what you can call a joke.
I have met my barrister once, for about 30 minutes and maybe 5 minutes before my plea hearing and solicitor i have just found out she is only a clerk. I have met her once alone and all the time when meeting barrister.

All my efforts to accquire cctv, phone records, facebook records were not successful as it is a historic case, and all overwritten.

Now i thought i would meet them prior to trial to discuss my defence strategy and the proceedingsand whatever needs to be discussed.We had an arrrangement for a meeting yesterday which she cancelled saying they dont think its necessary as nothing has changed, no new evidence etc.Basically they say its word v word. I am in pieces as you all can imagine.

Is this competent or usual? I feel unrepresented, thinking maybe its the legal aid thing, tried changing firms as i was not happy but did not have substantial grounds.
Any thoughts please on what i need to be doing. I have a good samaritan from a different site who was found NG helping me with my case on what questions to expect etc. God Bless Him, otherwise i am still shaking.

Helpp?

[Lilyput]

No experience, but I just wanted to wish you good luck and say I'm sorry you find yourself here, do you have any other witnesses the police do not know about or any character references idk but maybe it could help. I'm sure people here will be able to offer far more useful advice but just wanted you to know your not alone in this.

[Rights Fighter]

I am very surprised that you have not even been told the strategy. Contact the main partner in the sols and ask what he or she intends to do about it. Explain that you have no confidence in the sol/clerk or the barrister, due to the fact you haven't had a proper meeting with them.

[Soul2soul]

Thanks Lilyput and RF for the reply.

Yes i did say to her that we needed a final meeting on the approach as i do not know what to expect or anything. She aaid barrister doesnt see the need and neither does she.

I suggested character witnesses on my side, but she was not into the idea, said its a case of word v word. To be honest i think they just offloading some more work, thats all. Laziness or not bothered.

I would hate to approach senior partners as they will know and might start being funny with me or not put enough effort on trial day.

Thoughts???

[Rights Fighter]

Most cases have character witnesses unless your have previous (unrelated) convictions or cautions. It shows the jury that you have people supporting you.

I would still contact a senior partner with your concerns and keep a copy of the email / letter. Who are the solicitors and barrister? Just so we know to avoid them in the future.

[wakingnightmare]

Hello S2S

So sorry you find yourself in this situation and that your legal team aren't providing the support you'd like.

I suggest you follow RFs advice & contact partners. RF has more legal experience than most on here so I suspect you're being given that advice for reason.

Best wishes for the trial

WN

[Rights Fighter]

I'd like to know who these poor excuses for a defence team are, so we can post up in the relevant section about them to steer people away.

Whereabouts in the UK is the trial, S2S?

[Soul2soul]

Thanks RF

They are Laurence Lee & Co
In North West

The senior partner was very nice to me on the phone and before i signed my legal aid forms, never heard from him since but i will be intouch with him tomorrow. How i wish i was in a better financial state(rich). I work full time but on the normal wage.

Thanks WN and everyone, will contact their office tomorrow. Do you think i should raise this up with sol/clerk first or go directly to seniors?Am really panicky and my anxiety lately is sky rocketted.

Any thoughts welcome please.

[AmandaF]

Just to say hoping it all goes well for you and we can post more bananas

[Casehardened]

You may have already viewed this posts but if not they are well worth having a look at:

http://www.daftmoo.org.uk/mooforum/s...xpect-at-Trial

[Rights Fighter]

Does the trial start on Monday?

I would contact the senior partner direct, not via the junior.

[Soul2soul]

Hi RF

That was the first thing i did this morning but apparently he is in court.
I was put through to my sol whom i explained my issues, i feel misrepresented and they not doing enough, but she reassured me that according to their books theres not much to be done as its a case of he say she say and that i just need to be confident in stand and my barrister will handle the rest.

I dont know what to make of it to be honest, this is a historic case no evidence just words. And i admitted we had sexual relation that night but consented.

Do you think i should still take it higher? I have someone helping me with my defence who has been through this, and he told me its all in my hands to do my best and show jury i am innocent irregardless of my defence team not doing much. Trial starts wednesday, and it being a two-3 day trial does that mean anything as mostly its a week or longer?

Thoughts plss

[Rights Fighter]

I've added you as a contact. If you let me have your landline number via a PM I will ring you over the weekend.

As you can't speak to the senior partner, why not tell the junior that as soon as you get into the witness box to give evidence, the first thing you will tell the court, is that you have no confidence in your solicitor or barrister, due to the facts:

1: you believe that you have never had a proper conference,

2: you have no idea how the defence will be run, and

3: they appear not to have gathered any evidence with regards to where the alleged offences occurred so you have absolutely nothing to fight back with.

4: Due to the above three points, you do not believe they have your best interests at heart.

When you send me a PM, write a BRIEF précis of the case, and please write in short paragraphs, so I can read and understand it quickly.

[Soul2soul]

Thanks RF i will send a pm later

Just wondering in an instance like what you just mentioned, what procedure do they do? Will my defence be put to test or will that damage my defence fully? Just wondering. If any examples you know of plz.

I just wanted this to be over with next week as i have had the worst year ever as its all i have been thinking of and it derailed all my plans for the year and right now i cannot plan ahead thanks to this.

Appreciate your time, thanks a lot

[Rights Fighter]

I know somebody who had the same problem a few years back. Even before the trial had started he stood up in the dock and said that he had no confidence in his defence team and that he did not want the trial to proceed with the defence team he had.

There was a bit of arguing and the judge said "that means you have to cross-examine your own complainant, and that cannot happen". He was given 6 weeks to find fresh defence, which we did, and he was found NG a few months later.

He was on legal aid, and back then there wasn't so many difficulties in getting LA transferred to another solicitor. That might be a problem these days.

Are you absolutely 101% sure that you have never had a proper conference with counsel, to outline the defence strategy?

Also, were you ever asked to go through the statements and make notes as you go along, of what you disagree with and why? This is known as the "proof of evidence".