Solicitor
Working with your Solicitor
FASO are not legal advisers however following are:
Top Suggestions when choosing and working with a Solicitor.
- Ensure that they will provide detailed billing from the outset- preferably weekly. (This shows you what they did, when and how much it cost and more importantly what they did not do) You do not want a gross sum bill.
- Ask if they have any conflicts of interest. Do they know the Accuser?
- Ensure that you are informed of the deadlines for defence case statements (DCS) to be filed with the Court.
- The Solicitor should prepare a “proof of evidence”. This is like a summary/ aide memoire for your Solicitor and Counsel and goes through the issues of the case against you. That means your Solicitor goes through statements, exhibits and the police interview to truly understand your case. A good link is guildhallchambers.co.uk
- Ensure that you sign your DCS and have a copy. Including the exhibits and that it filed on time. Demand proof. Keep in safe place. Have a backup copy.
- Don’t rely on the exhibits. Ensure the key points are made in the DCS and not buried in page 25 of the exhibit. The CPS and the Police don’t read the exhibits properly.
- Ensure that key witnesses are interviewed by the Solicitor within days. An email is not enough. Witness tampering and intimidation is all too easy.
- Ensure you receive a copy of the prosecution bundle and highlight any lie, half-truth, inconsistency and write down what is incorrect and send to your solicitor. Check all dates.
- Take care with your emails. Everything will be charged. Don’t write one liners to your solicitors. Make valid points which are worth it.
- If the Solicitor says “send me everything” be careful. Ask for details, explanations of what is needed. Learn how to reproduce evidence i.e take a photo or screenshot rather than printing out the whole book/email exchange.
- Proof of evidence is a document drafted between you and your Solicitor to be used in Court with your barrister. It is like a chronology of events/witness statement.
- Do not sign the proof of evidence until you are happy with it and discuss with your solicitor.
- Where is all the evidence? Is it contained in the prosecution bundle? Is there something missing? Is it original and not typed up by the Accuser? Has anything been changed? Check if you can.
- Did you supply the Police with evidence via email? Ensure your Solicitor has a copy.
- Has anyone else written to the Police on your behalf/regarding the situation? Has it been disclosed? Tell your Solicitor if other people have been involved who would have had contact with the Police.
- Ensure that you get a copy of your Police interview. Not the summary version written up by the Police. Highlight any lies/omissions. Fill in the gaps.
- Get the names of the Police officers (who change all too quickly)
- Prepare a chronology/timeline. Add critical dates and times and cross reference with emails/telephone calls et cet.
- Put everything in a file and keep a copy including emails from your Solicitor.
- Learn and understand the following terms/concepts; perjury, perverting the course of justice, Article 6 (iii) of ECHR, hearsay application and Abuse of process.
- Look at the disclosure schedules. Ask yourself what is being hidden from you? What don’t they want you to see
- Keep a secure backup of your files with someone you trust absolutely.
- Is there CCTV? A purchase on a credit card? Something that proves what you need?
- Mobile phone back up? Is this sent your computer? If not get an app that does it.
- Check the law and the offence. You will find it on the internet. Read the law to understand the limit of what is lawful and unlawful.
