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Barrister never turned up to meeting before trial

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marshan11 | 21:42 Tue 05th Aug 2008 | Criminal
5 Answers
Hi I was recently involved in a court case at crown court I was granted legal aid I pleaded not guilty from day one the litigation executive said before the trial I could have a meeting with my chosen barrister this never happened I have made a complaint to the solicitor who has said I had one and half hours meeting with my chosen barrister on the day of the court hearing the person I was with on the day was with me for 10 minutes before the hearing and 10 minutes after my solicitor has put in a letter to me that I had one half hours with my chosen barrister even though the court records give a different name should I report this solicitor to law society for claiming legal aid meetings That never took place this has affected my defence is this neglect.
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Presumably this matter is related to the one in this question:

http://www.theanswerbank.co.uk/Law/Question606 271.html

The earlier question asks about the possibility of an appeal and I think I've given my answer.

This one refers to the possibility of taking action against the solicitors or barristers concerned.

The Law Society is indeed the place to start with these complaints but you should note that even if your complaints are upheld it will not effect your conviction or sentence.
Question Author
Thanks for your reply sorry about punctuation just got use to using a computer.
If a solicitor has neglected your case and withheld important information and you can prove this as I can you should be allowed to make an appeal on this bases.
Would you go into a crown court without any means of defence
that had been denied to you by your solicitor and bad policing
My experience of the police force was one of poor service coupled with corruption.
Keep the crime rate detection up does not matter if your innocent plead guilty at the first court date you will get a third off your fine or sentence.
We live in a great britian well done labour power to the people.
What very often happens is that solicitors book counsel (a barrister) to deal with a matter - normally a few days in advance. However other cases the barristers are involved in run over (normally trials) and so they have to "return" the brief (a trial always takes precedence over a "new" brief, as do "part heard" cases). This means that very often Chambers is faced with reallocating briefs the night before to different counsel or they send it out to other chambers so the case is covered - this is why you couldn't have your "chosen" barrister. This said, barristers are quite used to picking up a brief the night before and being able to prepare it fully and properly (this is the way the system works and has always worked) and ensure the client is properly represented. I doubt very much that this has affected your defence. However I am, like you, concerned that your solicitor is claiming legal aid for meetings that have not taken place (I do not know how solicitors bill their legal aid) but barristers are on a graduated fee basis which is paid through the Court service so it won't matter to the barrister whether you spent 5 hours or 5 minutes, the fee will be the same for "in court" work.

I suggest you take further legal advice from a different firm of solicitors (for which you will have to pay). However, it will not affect the outcome.
-- answer removed --
Question Author
Thank you barmaid for explaining the workings of the court system.
I have a letter from my solicitor stating that I had a one and a
half hours meeting on a certain date with my barrister which
never took place.
I never met my legal aid granted solicitor once I was given a
litigation executive who is no longer working for this solicitor
Can I find out why he no longer works for this solicitor.

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