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Lawyer not authorised

Posted by r.bartlett 
Lawyer not authorised
November 11, 2022 04:50PM
Chaps

I have been trying to do an online divorce and eventually I got a response from the court:

The proceedings are being conducted by Online Legal Services Ltd t/as Divorce Online, which is not
authorized or regulated by the SRA to conduct reserved legal activities.


This surprised OLS and as much as they argued otherwise the court is sticking to their judgement so it's stalled. I have requested assistance from the court as to how I should proceed but they are unhelpful beyond try a new lawyer'

How should I proceed, everything is agreed between my wife and I so there is nothing to contest but should I withdraw the application and appoint a lawyer or can I handle this myself.. (although I reside overseas to further complicate the matter!)

Thanks for any help and advice etc

Richard
Re: Lawyer not authorised
November 11, 2022 05:32PM
Well, they are either regulated by the SRA or they are not. And if they are they will have a registration number. If you discover they are not then only you can decide what you want to do next.
Re: Lawyer not authorised
November 11, 2022 05:42PM
David Terry Wrote:
-------------------------------------------------------
> Well, they are either regulated by the SRA or they
> are not. And if they are they will have a
> registration number. If you discover they are not
> then only you can decide what you want to do next.

Divorce Online is registered in England and Wales as a trading name of Online Legal Services Limited

OLS Solicitors is a trading style of Online Legal Services Solicitors Limited. Company No. 10002216.
Registered Office 12 Murray Street, Llanelli, SA15 1DZ. Regulated by the Solicitors Regulation Authority No. 628210
Re: Lawyer not authorised
November 12, 2022 05:41PM
What you say the court wrote was this:-

>>The proceedings are being conducted by Online Legal Services Ltd t/as Divorce Online, which is not
authorized or regulated by the SRA to conduct reserved legal activities.<<

If that is what the divorce paperwork shows then the court is correct because Online Legal Services Ltd is different from Online Legal Services Solicitors Ltd. The latter is a firm of solicitors regulated by the SRA, the former is (apparently) not. The two companies may, of course, be linked in one way or another and probably are but they are legally separate and distinct entities.

You need to see what was put on the paperwork in order to establish whether the court is correct or not.
Re: Lawyer not authorised
December 06, 2022 03:18PM
David Terry Wrote:
-------------------------------------------------------
> What you say the court wrote was this:-
>
> >>The proceedings are being conducted by Online
> Legal Services Ltd t/as Divorce Online, which is
> not
> authorized or regulated by the SRA to conduct
> reserved legal activities.<<
>
> If that is what the divorce paperwork shows then
> the court is correct because Online Legal Services
> Ltd is different from Online Legal Services
> Solicitors Ltd. The latter is a firm of solicitors
> regulated by the SRA, the former is (apparently)
> not. The two companies may, of course, be linked
> in one way or another and probably are but they
> are legally separate and distinct entities.
>
> You need to see what was put on the paperwork in
> order to establish whether the court is correct or
> not.

^ I guess this is correct and its at an impasse.

"Good Morning,

Thank you for your Email.

Court staff are unable to comment on a decision made by a Judge. Please be advised that you may wish to seek legal advice.

Kind Regards,"


I assume I now need to appoint a lawyer to retract the previous and submit a new application?

Richard
Re: Lawyer not authorised
December 06, 2022 03:39PM
I think in the first place you should take it up with whoever you paid to issue the divorce petition. They may or may not be able to sort it out but if they can it should cost you less than a new lawyer.
Re: Lawyer not authorised
December 06, 2022 04:15PM
David Terry Wrote:
-------------------------------------------------------
> I think in the first place you should take it up
> with whoever you paid to issue the divorce
> petition. They may or may not be able to sort it
> out but if they can it should cost you less than a
> new lawyer.


My lawyer said I need to sort it as they are not allowed to contact the court (I assume because of their registration not being recognized)

I'm at the 'new lawyer' stage as I really need this resolving. Due to various issues it's been 5 years ongoing in a non contested divorce..
Re: Lawyer not authorised
December 07, 2022 10:27AM
>>My lawyer said I need to sort it as they are not allowed to contact the court

If you have paid them any money for this service - excluding the court fee - then it seems to me that you should be asking for your money back because this is all hassle that should have been unnecessary.
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