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Maintenance Case - Removing Solicitor/Doing it myself

  • 10-01-2020 10:55pm
    #1
    susieball
    Registered Users Posts: 38 ✭


    I have a maintenance case coming up in March. Basically, I asked a solicitor to do the case. Just a random solicitor I heard was quite good. However, we have only communicated briefly by email, and I don't think she really gets the full picture and doesn't seem to want to meet up in person to go over all elements of the case, some of which are a little complex. I did represent myself before in the District Court in Family Law. I am thinking now of doing the same for the Maintenance Case. Happy to pay the solicitor what I owe her which is currently 675 including VAT. I just feel that I would be better able to explain the situation in person, rather than a solicitor who has probably several other cases on that day. How do I go about removing solicitor form the case - she applied for the maintenance - but it seems she applied for maintenance order rather than variation, as there is already an order in place, but it is not being adhered to by my ex. So if anyone can go about advising how I remove solicitor from the case?


Comments

  • #2
    Elemonator
    Closed Accounts Posts: 1,271 ✭✭✭Elemonator


    I'd reconsider representing myself if it was my case.


  • #3
    susieball
    Registered Users Posts: 38 ✭susieball


    Why do you think I should reconsider? Would it not be better to have the person who knows the case inside out represent themselves, than a solicitor who had ten other cases not he same morning? Do you think the judge would look badly on someone representing themselves?


  • #4
    Peregrinus
    Registered Users, Registered Users 2 Posts: 26,712 ✭✭✭✭Peregrinus


    If she's already on record with the court as your solicitor in the proceedings, she'll have to come off record, and this is most easily and conveniently done by her, not by you. So you need to contact her, tell her that you no longer wish her to represent you in the proceedings, and ask her to come off record. She may try to persuade you to reconsider but , if you're clear that you have decided to represent yourself, she won't obstruct you - she won't want to remain on record in proceedings where she isn't being instructed and won't be further paid.


  • #5
    randomrb
    Registered Users, Registered Users 2 Posts: 351 ✭✭randomrb


    it sounds like you have had a bad experience but do consider getting a different solicitor as opposed to acting for yourself, Particularly if the case is somewhat complex and if you ex-partner has a solicitor (i don't know if this is the case or not)

    It can also be the quickest way to sort these things out to engage a new solicitor and they will get the file off the old one, its quite common in family law


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