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Working with Solicitors
It's easy to feel daunted by navigating the court system when representing yourself, even with the support of family, friends or a Mckenzie Friend. When you're interacting with your ex partner's solicitor, it's important to understand their role and the rules they must follow when communicating with you. Knowing the truth behind some common myths will help you to advocate for yourself within the boundaries of the law and feel more confident in court.
Many solicitors are professional, courteous and understand the pressures of being a Litigant in Person. You have the option of asking a solicitor ('instructing') for 'unbundled services' which means just asking them to do a particular bit of work for you, see our 'Specialist Services' section for more details and how to work with these solicitors below.
If a solicitor is harassing you, continuously threatening you with court action unless you comply with your ex partner's demands or sending you daily or weekly letters, without good reason, you can report them to the Solicitor's Regulation Authority.
You do not have to 'litigate' your case in correspondence, communication between you and your ex partner's solicitor should be kept to administrative discussions e.g. preparing a bundle or coming to agreements, not endless arguing back and forth.
Working with Solicitors
How do I instruct a solicitor?
'Instructing' a solicitor means formally hiring them to act for you, on your behalf. Most solicitors offer a free consultation or consultation for a set fee. Once you've discussed your case in the meeting and heard how they can help, you'll receive a letter setting out their terms, estimated fees and how much time they might spend on your case.
If you want to proceed, you will receive a 'client care letter' which is the contract between you and the firm, you will need to sign this if you want the solicitor to act for you. The firm will usually ask for a bulk of money up front 'on account' so they can work on your case and send you an invoice monthly. This normally ranges between £500-1000 for a first deposit.
Be aware that every minute of solicitor's time is logged and billed to you. Each email on average costs £30, each time they read a document it may be £30-£50 or if they are drafting letters for you and it takes three hours, you will be paying their full hourly rate.
Solicitor rates depend on the level of experience they have. Junior solicitors hourly rates range from £80-£125 per hour +VAT, whereas partners in law firms range on average between £350-£500 +VAT per hour.
What can I ask them to do?
If you select a firm that provides 'unbundled services' then you can ask them just to perform specific tasks for you:
Provide advice on a specific legal point or piece of law e.g your ex partner's rights to see your child or what to do if you want to move abroad.
Draft or check legal documents such as your C100 or C1A form.
Represent you at a single court hearing, only if your solicitor performs advocacy work.
Help with negotiations or correspondence with your ex partner's solicitor.
This can be a cost effective way to manage your case if you feel confident in certain aspects e.g. filling out forms and writing position statements but you just want clarification on what the legal landscape in family law is like for your type of situation.
How can I prepare to get the most value for money?
Being organised will save you money and help you feel more confident explaining your situation. Use our 'Evidence Help' section to support you with preparing an 'Evidence Tracker'. Having a clear, organised and non emotional tracker will support your solicitor in being able to identify which key pieces of the law apply to your case and if there are any flags for safeguarding that they can help with, for example.
Having knowledge of the court process and where you are at in your court journey will also support you to be able to communicate your case clearly and concisely to the solicitor. See our guides to enable you to be more informed about the process.
Solicitor Myths
I have to respond to every solicitor’s letter
You do not have a legal obligation to respond to solicitor's letters, unless ordered by the court. Solicitor's letters are usually sent as 'pre action' i.e. before court begins and do not carry legal weight by themselves.
Under the Family Procedure Rules 2010, Part 3, solicitor's can be used to try and resolve issues before they get to court. Your ex partner's solicitor may write to you offering mediation or another form of Non Court Dispute Resolution. Remember that unless you have a valid MIAM exemption that it is a requirement to attend a MIAM before applying to court.
Some letters are designed to be pressurising and intimidating, they may demand a reply within a short time frame or that unless you agree to your ex partner's wishes they will launch a court application. You do not have to legally reply within a certain time frame or respond at all. If you feel that your ex partner's solicitor is harassing you with multiple letters in a week over a period of time, this may be classed as 'vexatious litigation' and you can report the firm to the Solicitor's Regulation Authority.
Also remember that your ex partner has to show they have attempted to resolve issues out of court before applying for an order, if there are domestic abuse or violence issues, or safeguarding issues relevant to you, seek support from a specialist service as you may be exempt from the mediation process.
Solicitors are neutral professionals
Solicitors are employed to represent their client's best interests and are not neutral, particularly when corresponding with you. They may use persuasive language or tactics to appear authoritative, this is their job.
However, all solicitors are bound by a code of conduct which requires them to act with honesty and integrity, whilst they do act in their clients (your ex partner's) best interest, they are not allowed to deceive you about your rights and the laws governing your case.
I must follow a solicitor’s advice.
You are not required to act on or agree with any advice a solicitor gives you or their interpretation of the law. It is wise to research the specialisms of any solicitor you may want to instruct for advice, particularly if you are 'hybrid representing' and need a solicitor to just give you one hour or a few hours of advice.
You can get advice from a solicitor in any location in the UK, it does not have to be your local area. Be aware though, that each Family Court district operates in its own unique way and solicitors who are dealing with their local family court on a day to day basis will have working knowledge of key aspects of how that court runs e.g. court waiting times.
See our guides on how to find the right advice for you.
If I don’t reply, I’ll be seen as uncooperative.
Courts will be assessing your behaviour based on your actions in and out of court, your compliance with court orders and how you correspond and communicate with your ex partner, not the number of solicitor letters you respond to.
Not all solicitor's letters are automatically aggressive. There is standard legal language used which is not designed as a personal attack. If you're unsure of the tone of the letters or emails, ask a friend, family member, McKenzie Friend or specialist service to read them for you.
How do I respond to a letter?
Follow standard formal letter writing rules in terms of the layout. See the button below for a template.
If you feel that you want to respond to the letter just to acknowledge that you've received it, you can respond using a formal letter template and simply state 'Noted'.
If you want to make any points to the solicitor, use a numbered format for each point you want to say. Keep the letter polite and factual.
Ask someone to read it over for you before sending.
Remember you do not have to agree to anything in solicitor's letters that you want a judge's input on.
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