Legal Representation
David says "An accusation has been made against me. Do I need a specialist solicitor?
If you have been falsely accused of child abuse you should always consult with a solicitor who has experience in the appropriate area of law. Depending on what stage the allegation/complaint against you has progressed you are likely to need one, or all, of the following:-
- Criminal defence lawyer to deal with with any initial police interview, trial and appeal process.
- Employment lawyer to deal with any employment issues arising from the allegation/complaint. This might include suspension, loss of pay or pension rights, the investigative process, disciplinary hearing, and possible dismissal.
- Family lawyer to deal with any issues that might arise in relation to you not being allowed contact with your own children. This will be particularly important if child protection workers (social services or the NSPCC) are involved and have decided that you are a risk to children.
You should always take any complaints made against you seriously. False allegations of child abuse can lead to you losing your liberty, your livelihood, and contact with your family/children. What ever your circumstances you should always seek legal advice. If your case involves an allegation of historic abuse (that is something said to have happened some years previously) you should get specialist legal help. If necessary contact F.A.C.T. who may be able to suggest solicitors in your area (email).
How Do I Find a Solicitor?
Finding a good solicitor is not easy. Personal recommendations will be of limited value unless the person recommending the solicitor to you has direct experience of the solicitor's handling of abuse cases.
Fortunately there are a number of useful websites for narrowing down you choice.
The next thing you will need to decide is affordability. Depending on your income and financial situation you may be eligible for legal aid. Not all solicitors operate the legal aid scheme. The fact that a solicitors does, or does not provide legal aid, is not necessarily an indicator of their worth. Ask for an estimate of the total cost of handling your case, or a written quote, and agree an absolute limit.
You should ask your prospective solicitor about their fees. (S)he must give you information about the likely cost of the case and how the charge is calculated, for example, a fixed fee, an hourly rate or a percentage fee. Most solicitors have a leaflet setting out their charges and will not find your question embarrassing. You will need to know what the charges are for an initial and subsequent interview, their hourly rate or fee, what (s)he charges for sending and receiving letters/emails, and whether or not you are eligible for legal aid, and if so if they are part of the legal aid scheme.
If you are in custody at a police station, or have been charged, you can obtain free legal advice under the duty solicitors’ scheme.
Some solicitors will act pro-bono (without charge). For further details see the Solicitors Pro Bono Group. Please note this group does not accept applications for pro bono cases from individuals through its offices nor do they issue a list of individual solicitors undertaking pro bono work. They will however accept referrals/applications from advice centres and welfare agencies.
How Do I Choose My Solicitor
Choosing a solicitor is personal thing. For example, do you prefer a male or female solicitor. Do you want a neighbourhood solicitor or someone further afield?
Good solicitors have a range of skills. What you need to look out for is someone who has good knowledge of the law and experience in the type of case you are involved in, but is also a good advocate and has the necessary Court skills. It will also help if you find someone who believes in your innocence, and who is generally efficient and keeps to their promises.
Most solicitors are very busy - especially the more successful ones. It is unreasonable to expect them to be super efficient or to be at the end of the phone every time you ring. What matters most is that when they give YOU time it is uninterrupted quality time, and that they take note of your instructions.
In general your family solicitor is unlikely to have the range of skills or experience necessary to successfully defend you against allegations of child abuse. Whenever possible you should seek a specialist lawyer. Depending on where you live F.A.C.T. may be able to sign post you to a firm of solicitors who have been recommended by its members (email).
First Meeting
A solicitor must comply with certain rules and standards laid down by the Law Society. The solicitor is expected, for example, to give you certain information at the first interview. This information includes:-
- how the solicitor intends to deal with the problem
- what the solicitor’s next step is
- information about costs
- the expected timescale of the case
- who in the firm should be contacted if there is a problem with the service offered
You should make sure you understand what the solicitor has told you and should not be afraid to ask questions. During the case the solicitor should keep you regularly informed of progress even if there are no significant developments.
There are several things you need to undertake at the first meeting. You will save time and expense if you do some home work before you go.
- If you are planning to take someone with you, either to offer moral support or to help remember what's said, mention this when making the appointment.
- Make a list of the events which have led you to ask for legal support. Give a copy to your solicitor. At this stage you only need to briefly indicate the relevant points. The detail can come a bit later.
- If you have been issued with any documents e.g. charge sheet, a letter from employer copy them and take them with you. Try to organise this in date order and keep a copy for yourself. This will make it easier for your solicitor to understand your situation and advise you more quickly
- Write down all the questions that you want to ask, and take a note pad and pen with you to write down the answers.
Use this first meeting to get as much information as you can. Ask your solicitor what is the best and worse case scenario for you. Ask what you need to do to establish your innocence. If you think you might be required to make a statement to the police other investigative body ask for advice about you should respond.
Assembling Your Defence
Assemble as many facts as you can about the complaint and the complainant. Keep a notebook close at hand so you can write down memories as they come into your head. Keep a note of all the record systems which might help you in your defence, e.g, diaries, log books, registers, sickness records. Make sketches of the building, or the scene of the alleged abuse. Ask colleagues for any information they might have which might be useful for your defence. Never, under any circumstances contact the complainant of their family.
Depending on your circumstances you might find it helpful to give your solicitor a draft 'statement' of of chronological events and issues relevant to your defence. This will not only help your solicitors understand the detail of your case but will also help you in martialling your thoughts into some order.
What If My Solicitor Is No Good.
You may be dissatisfied with your solicitor for a number of reasons - for example, you may have problems with legal aid, and/or you may be dissatisfied with the outcome of the case. You cannot complain about these things to your solicitor. However, if you are dissatisfied with the way the case was handled by the solicitor - for example, delays, or losing documents or money, you can complain. For example you may feel (s)he have not listened, gave poor advice, did not follow instructions, or charged more than was indicated. Keep in mind the solicitor's bill will be made up of three elements: outlays, fees and VAT. Outlays are the expenses the solicitor has had to pay out on your behalf. Fees cover the professional services carried out by the solicitor on your behalf. If the work was court work, the fees that the solicitor can charge are subject to Court rules and scales. There are no scales that regulate non-court work, but the charges must be fair and reasonable. VAT will be charged on the fees and some outlays.
If you think the bill is too high, you can:-
- ask the solicitor for a detailed account
- write to the solicitor asking for full details of how some ,or all, of the charges on the bill were worked out. This letter should also include a request for a written reply.
In most cases complaints are resolved by discussing it with the solicitor. The firm will tell you who, in the firm, to contact if your problem is not resolved. If this does not resolve the matter, you should contact the relevant Law Society who can investigate the complaint. Be aware there are time limits for making complaints to the Law Society. If a complaint is upheld, the Society can order the solicitor to reduce or waive the bill, refund money which has been paid, correct any mistakes or take any other necessary action, and/or pay you compensation up to £1,000. The Law Society can also take disciplinary action against the solicitor.
For more details on how the Law Society handles complaints see Complaints. If you are not satisfied with the Law Society’s decision, and you live in England or Wales you may be able to complain to the Legal Services Ombudsman or the Legal Services Complaints Commissioner If you live in Scotland the Scottish Legal Services Ombudsmen should be contacted.