Hi Anyone,
I am looking for guidance from anyone who might be able to assist with any advice regarding a desperate family matter and unfortunate legal situation I find myself in.
Recently separated in July from my wife who remains with my young children, I'm in a desperate and distressing situation where an Injunction Order was served on me without notice two weeks ago. This was one week ahead of a child arrangement hearing I had filled with the court, part of which I was seeking interim contact be re-established with my children. The injunction order (non-molestation and occupancy order) had no foundation or substance and it was discharged by a district judge pending a full hearing next month. Undertakings have been agreed as an interim measure until the hearing.
To cut a long story short; one late afternoon in July I received a rather shocking 1st solicitor letter by email essentially telling me a) my wife considered our relationship over, b) that I was not to return or enter the family home we jointly owned and lived with our two very young children, c) that the shared care of our two very young children would stop and only limited contact would be allowed and that this was not to take place at the family home and d) I was not to have any contact with my wife save through solicitors.
Anyway this issue is about the 1st Solicitors Letter.
Putting aside how distressing this 1st letter was when I received it, what caused me (and others who read it) the most distress was the totally unnecessary, confrontational and judgmental way the letter had actually been written by a solicitor who was a resolution accredited professional with specialist training in relation to their work with separating couples and children. Despite this letter proudly promoting resolution and their support of its principles, this letter shows many examples that I believe demonstrate little or no consideration to its values or its codes of practice.
Having undertaken a bit of internet research, I located the head office telephone number for the large firm of solicitors representing my wife. I called the firm and spoke to their compliance officer. I explained that I had received a letter from one of their solicitors and I was concerned it had been written in a totally unnecessary and distressing way and that I felt it did not follow the resolution charter in which they claim to operate. The compliance officer was very nice and told me this was "a sensitive situation with matters on going" and that "as I was not a client of theirs I could not use their complaints process". The compliance officer said they would make some "discrete enquiries" however would not be able to discuss this matter further with me. The call ended.
Fast forward two months. and now served with an injunction order going before a court. This order states in its allegations that "I have phoned her solicitors firm and made a complaint". This was a massive shock to say the least and now is potentially very damaging on matters proceeding .
My questions:
1. Legally was my telephone conversation with my wifes Solicitors firms compliance officer a complaint?
2. Is it acceptable professional conduct for a legal compliance officer at a large firm of solicitors to discuss my call directly my wifes' solicitor given the amount of damage to proceedings that could be caused and the fact no complaint was or could be made?
3. Is it acceptable professional conduct for my wifes solicitor to then tell her client (my wife) that I had "phoned her firm and made a complaint" given the amount of damage to proceedings that could be caused and the fact no complaint was or could be made?
If anyone can provide any guidance on where I might stand that would be appreciated.
I just don't know if there is any code of conduct a solicitor needs to abide by. This doesn't seem right to me. There is little information I can find in the public domain, including any information available from the law society. These actions by her solicitor are potentially very damaging and the legal costs alone of just challenging this injunction order are upwards of £10k's.
Thank you to anyone in advance.
I am looking for guidance from anyone who might be able to assist with any advice regarding a desperate family matter and unfortunate legal situation I find myself in.
Recently separated in July from my wife who remains with my young children, I'm in a desperate and distressing situation where an Injunction Order was served on me without notice two weeks ago. This was one week ahead of a child arrangement hearing I had filled with the court, part of which I was seeking interim contact be re-established with my children. The injunction order (non-molestation and occupancy order) had no foundation or substance and it was discharged by a district judge pending a full hearing next month. Undertakings have been agreed as an interim measure until the hearing.
To cut a long story short; one late afternoon in July I received a rather shocking 1st solicitor letter by email essentially telling me a) my wife considered our relationship over, b) that I was not to return or enter the family home we jointly owned and lived with our two very young children, c) that the shared care of our two very young children would stop and only limited contact would be allowed and that this was not to take place at the family home and d) I was not to have any contact with my wife save through solicitors.
Anyway this issue is about the 1st Solicitors Letter.
Putting aside how distressing this 1st letter was when I received it, what caused me (and others who read it) the most distress was the totally unnecessary, confrontational and judgmental way the letter had actually been written by a solicitor who was a resolution accredited professional with specialist training in relation to their work with separating couples and children. Despite this letter proudly promoting resolution and their support of its principles, this letter shows many examples that I believe demonstrate little or no consideration to its values or its codes of practice.
Having undertaken a bit of internet research, I located the head office telephone number for the large firm of solicitors representing my wife. I called the firm and spoke to their compliance officer. I explained that I had received a letter from one of their solicitors and I was concerned it had been written in a totally unnecessary and distressing way and that I felt it did not follow the resolution charter in which they claim to operate. The compliance officer was very nice and told me this was "a sensitive situation with matters on going" and that "as I was not a client of theirs I could not use their complaints process". The compliance officer said they would make some "discrete enquiries" however would not be able to discuss this matter further with me. The call ended.
Fast forward two months. and now served with an injunction order going before a court. This order states in its allegations that "I have phoned her solicitors firm and made a complaint". This was a massive shock to say the least and now is potentially very damaging on matters proceeding .
My questions:
1. Legally was my telephone conversation with my wifes Solicitors firms compliance officer a complaint?
2. Is it acceptable professional conduct for a legal compliance officer at a large firm of solicitors to discuss my call directly my wifes' solicitor given the amount of damage to proceedings that could be caused and the fact no complaint was or could be made?
3. Is it acceptable professional conduct for my wifes solicitor to then tell her client (my wife) that I had "phoned her firm and made a complaint" given the amount of damage to proceedings that could be caused and the fact no complaint was or could be made?
If anyone can provide any guidance on where I might stand that would be appreciated.
I just don't know if there is any code of conduct a solicitor needs to abide by. This doesn't seem right to me. There is little information I can find in the public domain, including any information available from the law society. These actions by her solicitor are potentially very damaging and the legal costs alone of just challenging this injunction order are upwards of £10k's.
Thank you to anyone in advance.