Legal Aid Solicitor has Cut & Run

[Greenmantle]

So the charge is Telephone and Communications Act 2003 S127(1)(A)
"Offensive Messages"
Appointed a local solicitor since court was local.
Hearing was scheduled for beginning of October.
We arrived and it was re-scheduled for yesterday.
Arrived again but this time it was re-scheduled for the end of this month at a court 100 miles away.
As we were leaving Solicitor said "that is me done" and walked off.

Sorry but WTAF.
There is now less than 3 weeks to go and there is no legal representative and the prospect of driving 100 miles for the next hearing.

Collective PH knowledge and experience please:
(1) Have to obviously find new counsel.
(2) Can I put in for a postponement - say after Christmas.
(2) Would definitely like to have the hearing back local or even better the charge thrown out.
(3) Should I make a complaint to the Law Society?

This is Scots Law "Sheriff Court"

Thanks in advance for all input.

[Simpo Two]

Just stepping back a bit, what is your objective, is it worth the aggro and expense to try (and possibly fail) to achieve it, and could you change your phone number instead?
You may well have answered these already but it's always good to check.

[Sebring440]

Simpo Two said:

could you change your phone number instead?

I think it's the green fella that's been charged with sending offensive messages? That's the way I'm reading it anyway, but there's not really been any information supplied by the OP.

And how do you get legal aid for a case like that?

[The Gauge]

Did the solicitor run away because the courts kept changing the dates - surely this is standard activity for courts?
Or has he ran away because of something to do with you, such as frequently changing your account etc?

[Greenmantle]

The Gauge said:

Did the solicitor run away because the courts kept changing the dates - surely this is standard activity for courts?
Or has he ran away because of something to do with you, such as frequently changing your account etc?

definitely due to the delays plus the new venue.
(he is a one man band outfit - coming up to retirement)
I am not sure what is and isn't covered by Legal Aid but my belief is that he came to the conclusion that my case was "just not worth it" for him anymore.

[ac.cobra]

Or maybe legal aid money has run out for the amount of his charge.

[Countdown]

Greenmantle said:

As we were leaving Solicitor said "that is me done" and walked off.

Have you asked him "why"?

p.s. probably best not to send him any stroppy text messages

[Peterpetrole]

Countdown said:

Have you asked him "why"?

p.s. probably best not to send him any stroppy text messages

[Greenmantle]

ac.cobra said:

Or maybe legal aid money has run out for the amount of his charge.

I'm sure legal aid is in place until sentencing or acquittal.

[mcpoot]

Peterpetrole said:

I'm sure you have undoubtedly had success with your legal case against the council by now so maybe you could use your expertise to help the OP.

[Greenmantle]

Countdown said:

Greenmantle said:

As we were leaving Solicitor said "that is me done" and walked off.

Have you asked him "why"?

p.s. probably best not to send him any stroppy text messages

happened too quick!
I don't think a genuine answer or any answer will be forthcoming if I was to reach out to him.
To be honest wasn't surprised or shocked at his action. Just saddened that a supposed professional acted in this way.
Unfortunately it just enforces the belief that it is just all mendacity.

[Simpo Two]

Sebring440 said:

I think it's the green fella that's been charged with sending offensive messages? That's the way I'm reading it anyway, but there's not really been any information supplied by the OP.

Ah!

I guess the free solicitor checked out because he didn't want a 200 mile round trip. I'd probably have done the same if I could earn the same amount or more by not travelling 200 miles. Either way I'd try to get it moved back but I don't know how Scottish law works.

[Greenmantle]

thanks
my thoughts exactly
but I assumed that he couldn’t do that without proper reason.
otherwise the veneer of respectability and professionalism would be tarnished and legal services would then be lobbed in with all other trades.

[Greenmantle]

moving forward to new counsel could I request a delay and move back based on my circumstances.
no personal vehicle and counsel not up to speed with the case.

[ac.cobra]

Greenmantle said:

I'm sure legal aid is in place until sentencing or acquittal.

Not really, there's only so much amount of legal aid available to a case. Some experience solicitors works at a loss or they pass it on to junior solicitors. Once the money runs out, then it's up to the client's to pay.

[Greenmantle]

ac.cobra said:

Greenmantle said:

I'm sure legal aid is in place until sentencing or acquittal.

Not really, there's only so much amount of legal aid available to a case. Some experience solicitors works at a loss or they pass it on to junior solicitors. Once the money runs out, then it's up to the client's to pay.

I didn't know that!

How does that square with the notion of being fairly represented if you cannot afford legal representation.
Say someone earning an apprentice salary - say £1000 a month?

[Greenmantle]

Also

Would like to know if a probable defence could be "malicious communication" received from the accuser?
Both bad as each other.

[Sebring440]

Greenmantle said:

I didn't know that!

How does that square with the notion of being fairly represented if you cannot afford legal representation.
Say someone earning an apprentice salary - say £1000 a month?

You didn't know that? Have you not sat down with your "Legal aid" solicitor and he explained it all to you? You know, when he advised you to enter a guilty plea?

[VSKeith]

Greenmantle said:

ac.cobra said:

Greenmantle said:

I'm sure legal aid is in place until sentencing or acquittal.

Not really, there's only so much amount of legal aid available to a case. Some experience solicitors works at a loss or they pass it on to junior solicitors. Once the money runs out, then it's up to the client's to pay.

I didn't know that!

How does that square with the notion of being fairly represented if you cannot afford legal representation.
Say someone earning an apprentice salary - say £1000 a month?

I wouldn't take anything 'ac' says as gospel. He thinks it's impossible to drive a car at 111mph without dying if you're not in a perfect straight line.

[ac.cobra]

VSKeith said:

I wouldn't take anything 'ac' says as gospel. He thinks it's impossible to drive a car at 111mph without dying if you're not in a perfect straight line.

Ha,ha,ha