Divorce, how to sue my solicitor

[PooleBoy]

Hello,

I've posted on here about a protracted divorce, it is finally near to a conclusion. This I have managed to finalise myself. I withdrew from my solicitor's services 2.5 years ago as I felt they had not been particularly helpful, and I had ran out of money. I will lose out on a large sum of money as they made an error at the start of the divorce, the choice of jurisdiction. I have contacted the solicitor with a detail of my complaint. A partner from a different branch has reviewed it and answered around it but did not acknowledge my point of complaint. I have responded saying I will be replying in due course. The solicitor who represented me is a partner and described as an expert in family law. They have made a fundamental error by not checking the difference between Scottish and English law in divorce. Something that did not take me long to look up.

With regards to the duty of care and breach which caused the loss, I think this can be proved through the written correspondence between myself, the solicitor and my ex's solicitor. We were married in England, lived our married life in England, all assets and income earned in England. Ex moved to Scotland and proceeded with divorce from there 5 years after moving. The assets have have gone up dramatically during this time. My solicitor said it would be better to accept divorce in Scottish law because of the 50/50 starting point. What she failed to recognise is that marital assets are valued at the point of separation, ie back in 2011, NOT at current valuation when the divorce is looking at the finances. My ex has valuable pensions which have massively increased. The pensions were earned during our marriage whilst my ex was still living and working in England. I can only get maximum 50% of the pensions valued at that date. They have increased in value by at least £300k since the separation and the start of the divorce. Other marital assets such as the family home were split 50/50.

In my initial complaint to my solicitor, the responding partner talked all around my complaint but did not mention my actual point of the difference the choice of jurisdiction has made. She recommended Scottish law, saying it would by far be in my favour. I think I have a strong case. I just want to put it together correctly to have the best possible case.

What I would like to know is where do I go from here. I'm aware of the Legal Ombudsman but I believe the compensation is capped? I have a shortfall of at least £100k. Can I sue them myself or do I need to take on another professional?

Any advice, examples or guidance greatly received.

Thank you.

[PooleBoy]

Would really, really appreciate anyone's suggestions about how to progress this. It has been a huge blight over the last 5 years.

Thank you.

[EXC]

Can I sue them myself or do I need to take on another professional?

Suing a solicitor yourself would be like challenging a professional boxer to a boxing match. I would go to the Legal Ombudsman first as it'll give you an idea of whether you've got a case. It's free, relatively quick, straight forwards and stress free - all the things that litigation isn't.

[islandgirl]

I agree entirely. However first you must go through the firms full complaint procedure. I know you say you have complained but was this done formally through the procedure? If not do it now. Keep it simple and to the point so they cannot drag in other things and avoid your main issue. If nothing comes of this try the Ombudsman (though I have to say I did once and found them useless but you may have more luck than I did!)

[PooleBoy]

Thank you both. I have made a formal complaint. They did not find in my favour, not surprisingly! However, they completely ignored my point of complaint: not being advised about the difference between jurisdictions. My ex was adamant in having the divorce in Scotland, my solicitor said that would be in my favour, starting point 50/50. She did not advise that marital assets were valued at a set date, date of separation. The divorce is now concluding 10 years later, the pension asset has increased massively during these dates (Barclay's Bank pension), even though my ex no longer contributed towards it after our separation. My ex has gained the uptake in valuation. My solicitor failed to recognise this at the start of the divorce and advised me to accept the divorce under Scottish law. I feel I have strong case.

[R0b]

I appreciate you feel that you have a strong case but you are alleging professional negligence and this subject area is notoriously complex and not always easy to bring a successful claim against the negligent firm.

If the partner reviewing the complaint has not addressed the issue then I think you need to go back to that partner and ask him to specifically address that point. If he doesn't within a reasonable time then don't hang around and take it to the Ombudsman as already suggested.

If you are thinking of taking any legal action against the solicitor/firm, then I would strongly suggest you get some initial advice from a firm of solicitors that deal in professional negligence. The cost consequences should you lose any claim could well venture into tens of thousands if not more.