A wife here recently went to a solicitor for help in filing a joint application for divorce.
A efiling by themselves was proposed by the husband but her agitation at that time led to her doing the above.
She took to the solicitor two affidavits - one from husband, one from wife - as required for efiling a joint application, already prepared, signed, witnessed.
In the event the couple reverted to doing it themselves and the whole thing was completed over a period of a couple of days and for a cost of less than $50.
She had given the solicitor a retainer and the $900 fee for the application.
When she informed the solicitor she wanted her documents back the solicitor returned the documents and gave an account for > $700.
This shocked the woman more than a little.
She is Chinese and speaks everyday English quite well but is fairly easily 'lost' especially when trying to comprehend officialese and such.
Would this solicitor have a had a duty of care to inform this woman considering her nationality and emotional distress at the time of meeting (and ever afterwards) that this procedure would be:
1. Not necessary because the online procedure was very, very clear and simple.
2. Very expensive to where it nearly doubles the cost.
3. Planned to be expensive even if the procedure was not completed and even if a large part of it (preparing affidavits of seperation but living under one roof) was already done ?
A efiling by themselves was proposed by the husband but her agitation at that time led to her doing the above.
She took to the solicitor two affidavits - one from husband, one from wife - as required for efiling a joint application, already prepared, signed, witnessed.
In the event the couple reverted to doing it themselves and the whole thing was completed over a period of a couple of days and for a cost of less than $50.
She had given the solicitor a retainer and the $900 fee for the application.
When she informed the solicitor she wanted her documents back the solicitor returned the documents and gave an account for > $700.
This shocked the woman more than a little.
She is Chinese and speaks everyday English quite well but is fairly easily 'lost' especially when trying to comprehend officialese and such.
Would this solicitor have a had a duty of care to inform this woman considering her nationality and emotional distress at the time of meeting (and ever afterwards) that this procedure would be:
1. Not necessary because the online procedure was very, very clear and simple.
2. Very expensive to where it nearly doubles the cost.
3. Planned to be expensive even if the procedure was not completed and even if a large part of it (preparing affidavits of seperation but living under one roof) was already done ?
