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My mum is currently representing me regarding division of assets following me sale of a house belonging to myself and my ex-partner several years ago as we cannot come to an agreement on how the money should be split.
My mum has dealt with everything on my behalf since the sale of the property including speaking to all of my ex's previous solicitors because it causes me too much stress and due to work and personal commitments I have entrusted her to deal with it on my behalf. I have confirmed that I am happy for my mum to speak to his solicitor's on my behalf every time he has appointed a new solicitor and this has always been accepted by the solicitor - I would do this in writing to them.
His new solicitor has said she will not communicate with my mum directly and will send all correspondence to myself, even though I contacted the solicitor directly asking her to send everything via my mother and not to send it to me. The solicitor says that legally this is not acceptable and everything has to be sent to me and that I have to respond to her directly, and that nothing can go via my mum, and that my mum can only be CC'd into emails.
We have never had this from any of his countless other solicitors and I cannot find anything online that says my mum legally cannot communicate with his solicitor on my behalf. The solicitor keeps talking about a McKenzie Friend and this application has to be made through the court, however, we are not at the stage of court proceedings and we are trying to negotiate the division of assets without going to court.
My question is, is the new solicitor correct in her statement that no correspondence is legally allowed to go to my mum on my behalf even though I have stated in writing that this is what I want? It is my understanding that a McKenzie Friend is applicable in court proceedings and not for negotiations between parties without courts being involved yet - am I right in thinking this?
The new solicitor keeps sending all of this correspondence directly to me and her manner and tone is extremely intimidating. I can't understand why none of his other countless solicitors, some of whom were partners at their practice with 50 years experience behind them, never stated that they were legally not allowed to communicate with my mum on my behalf.
Any advice or help would be really appreciated because I don't know how to proceed at the moment.
Thank you in advance for your time.
My mum is currently representing me regarding division of assets following me sale of a house belonging to myself and my ex-partner several years ago as we cannot come to an agreement on how the money should be split.
My mum has dealt with everything on my behalf since the sale of the property including speaking to all of my ex's previous solicitors because it causes me too much stress and due to work and personal commitments I have entrusted her to deal with it on my behalf. I have confirmed that I am happy for my mum to speak to his solicitor's on my behalf every time he has appointed a new solicitor and this has always been accepted by the solicitor - I would do this in writing to them.
His new solicitor has said she will not communicate with my mum directly and will send all correspondence to myself, even though I contacted the solicitor directly asking her to send everything via my mother and not to send it to me. The solicitor says that legally this is not acceptable and everything has to be sent to me and that I have to respond to her directly, and that nothing can go via my mum, and that my mum can only be CC'd into emails.
We have never had this from any of his countless other solicitors and I cannot find anything online that says my mum legally cannot communicate with his solicitor on my behalf. The solicitor keeps talking about a McKenzie Friend and this application has to be made through the court, however, we are not at the stage of court proceedings and we are trying to negotiate the division of assets without going to court.
My question is, is the new solicitor correct in her statement that no correspondence is legally allowed to go to my mum on my behalf even though I have stated in writing that this is what I want? It is my understanding that a McKenzie Friend is applicable in court proceedings and not for negotiations between parties without courts being involved yet - am I right in thinking this?
The new solicitor keeps sending all of this correspondence directly to me and her manner and tone is extremely intimidating. I can't understand why none of his other countless solicitors, some of whom were partners at their practice with 50 years experience behind them, never stated that they were legally not allowed to communicate with my mum on my behalf.
Any advice or help would be really appreciated because I don't know how to proceed at the moment.
Thank you in advance for your time.
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