Steven Wade is a family law advisor (McKenzie Friend) with nearly 20 years of experience helping people represent themselves in court. Having been through the system personally and supported thousands of others since, he knows what it’s like to face the stress, confusion, and pressure of doing it alone. This blog shares practical insights that empower you to take control of your case — without the legal jargon or the hefty solicitor’s bill.
Eight red flags to watch out for in your solicitor
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Eight red flags to watch out for in your solicitor
- Introduction
- They don’t find out what you want.
- They don’t communicate.
- They don’t have a proactive attitude to your case.
- They don’t listen to you.
- They don’t explain things.
- They have a `poor bedside manner’
- No one is available to help you.
- Not problem solving.
- Conclusion.
Introduction
There are good solicitors and there are bad solicitors. Contrary to the belief of many, they’re only human.
A good solicitor can make the difference in your case and a bad one can wreck it.
It’s often hard to tell the difference until it’s too late. In their defence, there are few guarantees in law. This is especially true in family law. The Children Act is a comprehensive piece of legislation and is, despite the views of some, a good piece of law. It’s reasonable, logical, child-focused and solution-orientated but judges `have a wide ambit of discretion’ which means even the best solicitor can appear awful on a bad day.
Factor in there being no legal defintion of `reasonable‘, `the best interests of the child’ and the reliance on wishes and feelings (particularly in child proceedings) and results can be unpredictable.
Many people only come to a solicitor when they buy a house. Many view solicitors with awe, impressed as a result of fancy letterheads, expensive offices, expensive cars, high fees and court room dramas on the TV.
Many solicitors don’t – quite reasonably – have Google reviews on their websites. Because family law is a very emotive subject. It can feel gladiatorial, hostile, uncaring and a `winner takes all’ scenario. Which means any review sites will be besieged by people who aren’t happy with what was done and what was said.
You don’t want to find out your solicitor wasn’t the right person for the job after the fact though – after you’ve got a final order you feel could have been avoided, after a courts order has been made against you or after you feel you weren’t probably represented in court.
In their defence, some of things that may strike you as bad is genuinely not a sign they are a bad solicitor – because they are managing you, the case and the other side in the most effectively, efficient way possible…and if you were an expert in family law you certaintly wouldn’t be paying them a large amount of money to represent you.
That said, here’s ten things a good solicitor should do…
They don’t find out what you want
A good solicitor will be clear about what you would like to happen.
When you engage a solicitor – they work for you (although they’re `officers of the court’ which is another story) and should be sensitive to what your goals are. If you asked a builder to build an extension they’re going to ask you how big you want it, what materials, what colours, the design, etc. If you go to a hairdresser you’re going to be asked what you’re looking for.
Neither is going to say `OK’ and then do their own thing. They’re going to ask.
The same should be true of your solicitor. How much contact are you seeking? Does that include residence? How much equity of the house are you looking for?
If your solicitor isn’t clear about what you want from the outset (and periodically as your case develops) they are unlikely to help you achieve your goals.
They don’t communicate
In the lifetime of your case there will be time when not much is going on. What is urgent in your opinion is almost certainly not urgent in the eyes of the court. Sometimes that’s understandable – because you’re worried and want some certainty about what is going on. Quite honestly – sometimes you don’t need to know. It may be you don’t need to contact your solicitor over something that has happened and you just want some reassurance and the solicitor doesn’t feel that what you’re saying has any bearing on your case and they may be right.
If this is happening, it’s worth speaking to a counseller, therapist or even just a friend you can rant to.
But if you find yourself calling your solicitor’s office to be told your message will be passed on and you never get a response that may be a problem. You will likely be charged for one (solicitors often charge in at least 6-minute increments even if it’s to tell you `Thanks for letting me know’) but a response is a reasonable expectation
They don’t have a proactive attitude to your case
You’re using a solicitor because they are specialists in law. You’re not. You’re paying for their expertise – they know what is possible, what isn’t, what the court can and can’t do and to be able to use their knowledge of the law, their experience and judgement to hopefully tilt the odds of the order you’re seeking being made in you favour.
Sometimes case management requires you to wait. Sometimes it needs focus, planning and action.
If your solicitor is apparently doing nothing, saying things like `You didn’t instruct us’ it could be seen to be the equivalent of the firefighter standing, hose in hand, in front of your burning house saying to `But you didn’t tell me to put the fire out’.
Solicitors aren’t permitted to act without instruction but they should be suggesting to you courses of action rather than passively waiting for things to play themselves out.
They don’t listen to you
It could be that some of what you’re saying isn’t relevant or doesn’t add to your case (and maybe even will damage it).
However it could be you telling them what you are happening and they’re just not paying attention. In a worst case scenario it could be that when it comes to your hearing they will represent you despite you being clear about your position, leaving you feeling unrepresented, ignored and awkward should you interrrupt your own solicitor in court or in front of your ex partner’s one.
A good solicitor will `check in’ with you throughout your case to ensure you’re `at one’ with your solicitor so that they’re doing what they’re there to do: Representing your position.
They don’t explain things
Like any other profession it’s very easy to assume that everyone you deal with knows what you do. In family law it’s easy to assume everyone knows what `costs will be reserved’, `Re: L’ hearings and ex parte means.
Law has it’s own jargon, just like every other field.
As a litigant you almost certainly won’t know what it means. You also may not know the implications of what is going to happen, is happening or will happen. It could be that your solicitor has a limited opportunity to explain immediately. A good one will make sure you are clear about things whenever possible to ensure you are able to instruct them and present you with your options.
A lack of communication in this way can hamper your choices and the outcome of your case.
They have a `poor bedside manner’
Solicitors specialise in practicing in law not therapy and counselling. Their role is to represent you, defend your legal interests, proving expert legal advice – not to provide `tea and sympathy’.
That said, part of the job and getting a great result for a litigant is to put them at ease, help them relax where possible and maximise the chance of a good result for their client. This aspect of the role is so important, that even judges undergo training on this sort of thing.
Your solicitor works for you. You are entitled to courtesy and professionalism. Rudeness, unnecessary bluntness and a patronising attitude is unacceptable and can severely damage your case when you things like not raising issues you feel are important with them for fear of hostility from your own representative.
No one is available to help you
As I said before, sometimes things are quiet in a case. Sometimes things happen suddenly and require a rapid response. Things ebb and flow.
Your case should not be jeopardised because your solicitor is unavailable for long periods – be it long trials, holidays or sickness.
if they’re otherwise occupied – and it’s reasonable for it happen from time to time – they should someone able to assist in the interim who has access to your files and your data.
Saying `Sorry – Mr Smith is currently unavailable. We don’t know when he’ll be back but we’ll let him know’ is extremely poor service that can damage your case.
Not problem solving
People use solicitors to solve a problem wherever possible. They’re not miracle workers and they, like everyone else, are at the mercy of the court.
But they should present options, opportunities and solutions – not merely shrug their shoulders and say nothing can be done. They should use their knowledge, experience and creativity to find something that works.
For example – contact centres typically open every other weekend. A parent who seeks weekly contact at them may be told that for this reason can’t have this. It would be reasonable for a solicitor in this scenario to check various contact centres that are open on alternating weekends to check this, along with availability, times, costs and other things.
A solicitor who does the bare minimum without initiative is one to avoid.
Conclusion
It’s easy to blame solicitors for every perceived problem in the family court system. There are many good solicitors out there. But I’m sad to say there are enough poor ones to note too. Legal professionals will inevitably defend against this allegation citing a lack of understanding on those not in the profession. They will also cite regulation by organisations such as the SRA and Resolution despite those organisations seldom doing anything that satisfies litigant complaints against their members. The most typical response is to deflect.
But litigants are customers and are entitled to good service. They’re entitled to complain if they’re not happy with the service, to give feedback and expect a certain standard of behaviour that represents value for money (at a cost increasingly few can afford these days).
A good solicitor is someone who represents their clients well and – even if the outcome is not what was hoped for – leave their client feeling they gave it their best shot and they felt heard in court.
A bad one however is someone who appears uninterested, hostile, passive in the face of the other party and achieved nothing positive.
If you choose to use a solicitor – make sure you get a good one. You deserve that.
This post is for informational purposes only and does not constitute legal advice.
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