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| Divorce costs warning issued to lawyers | Divorce costs warning issued to lawyers |
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| Some solicitors are failing to advise divorcees to settle courtroom battles before costs rise out of control because of the "emotional rawness" of those involved, according to the legal ombudsman. | Some solicitors are failing to advise divorcees to settle courtroom battles before costs rise out of control because of the "emotional rawness" of those involved, according to the legal ombudsman. |
| In a report on the costs of separation, Adam Sampson says that in the economic downturn there is increasingly a tension between lawyers' financial self-interest in prolonging legal action and their responsibilty to offer clients informed advice. | In a report on the costs of separation, Adam Sampson says that in the economic downturn there is increasingly a tension between lawyers' financial self-interest in prolonging legal action and their responsibilty to offer clients informed advice. |
| Nearly a fifth (18%) of the 7,500 complaints his office resolved last year involved divorce or family law-related cases, making it the most complained about area of law in England and Wales. | Nearly a fifth (18%) of the 7,500 complaints his office resolved last year involved divorce or family law-related cases, making it the most complained about area of law in England and Wales. |
| In one case, a woman's bill exceeded the original estimated expenditure by £40,000 because the firm "had neither sought to challenge [her] approach nor inform her of the mounting costs". In another, an unemployed mother was unknowingly charged £4,000 for photocopying. When she asked her lawyers to halt proceedings, they continued regardless, and presented her with a £15,000 bill. | In one case, a woman's bill exceeded the original estimated expenditure by £40,000 because the firm "had neither sought to challenge [her] approach nor inform her of the mounting costs". In another, an unemployed mother was unknowingly charged £4,000 for photocopying. When she asked her lawyers to halt proceedings, they continued regardless, and presented her with a £15,000 bill. |
| The report, The Price of Separation, says: "One of the reasons why costs can spiral out of control lies in the emotional rawness of many of those going through divorce proceedings ... It is common for [people] to rely heavily on the one individual who is both an expert in how to negotiate the process and who is seen to be on their side: their lawyer. | The report, The Price of Separation, says: "One of the reasons why costs can spiral out of control lies in the emotional rawness of many of those going through divorce proceedings ... It is common for [people] to rely heavily on the one individual who is both an expert in how to negotiate the process and who is seen to be on their side: their lawyer. |
| "Most divorce lawyers understand this dependency and discharge their responsibility to provide a measure of emotional support and guidance conscientiously and with admirable sensitivity. But there is a tension in what lawyers do, which is particularly acute when it comes to divorce. | "Most divorce lawyers understand this dependency and discharge their responsibility to provide a measure of emotional support and guidance conscientiously and with admirable sensitivity. But there is a tension in what lawyers do, which is particularly acute when it comes to divorce. |
| "A key legal role is to save customers from themselves ... In the case of divorce, that may be to counsel them against prolonging the case or fighting an unwinnable fight: persuading them that although they are angry and upset at their spouse's behaviour, court may not be the best place to fight out those emotions. | "A key legal role is to save customers from themselves ... In the case of divorce, that may be to counsel them against prolonging the case or fighting an unwinnable fight: persuading them that although they are angry and upset at their spouse's behaviour, court may not be the best place to fight out those emotions. |
| "But law is also a business, and lawyers in an increasingly competitive and financially challenging market need to maximise their returns to survive. In a context where charging is usually still done on the basis of time spent rather than results achieved, time spent lending a supportive ear and corresponding with the other side soon mounts up in billable costs. Brutally put, cases which result in lengthy court hearings are often more profitable than cases which settle early." | "But law is also a business, and lawyers in an increasingly competitive and financially challenging market need to maximise their returns to survive. In a context where charging is usually still done on the basis of time spent rather than results achieved, time spent lending a supportive ear and corresponding with the other side soon mounts up in billable costs. Brutally put, cases which result in lengthy court hearings are often more profitable than cases which settle early." |
| The average cost of divorce is estimated to be £1,300 but the report highlights cases where clients were charged thousands more than they were originally quoted. | The average cost of divorce is estimated to be £1,300 but the report highlights cases where clients were charged thousands more than they were originally quoted. |
| Sampson said: "This report shows that there are legitimate reasons for there to be more complaints about divorce than other areas of law. Some customers also create their own problems by letting emotions take over in the divorce process. | Sampson said: "This report shows that there are legitimate reasons for there to be more complaints about divorce than other areas of law. Some customers also create their own problems by letting emotions take over in the divorce process. |
| "However, clearly lawyers could be doing more to reduce complaints by providing accurate cost information, providing decent service levels and by taking complaints seriously. I think this report challenges lawyers to raise their game and make the divorce process less painful for consumers." | "However, clearly lawyers could be doing more to reduce complaints by providing accurate cost information, providing decent service levels and by taking complaints seriously. I think this report challenges lawyers to raise their game and make the divorce process less painful for consumers." |
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