Letter: Litigants beware
Your support helps us to tell the story
From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging.
At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.
The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it.
Your support makes all the difference.Sir: Both as a solicitor and a mediator trained by the Family Mediators' Association, I have sympathy with the problems encountered by Mrs Symon (letter, 7 September) when the proposed terms of settlement agreed in mediation were not approved by solicitors.
There are two observations to make. First, solicitors are obliged by a court practice direction to try to reach an agreed settlement in order to minimise the costs of protracted litigation whose outcome is uncertain; but they are also obliged to advise clients of what is in their interests. Secondly, while independent legal advice is essential for couples making agreements which have long-term consequences, it is for each of them to decide whether the advice given by their professional advisers is acceptable.
A solicitor who advises a client that he/she is giving more or accepting less than the court is likely to award has to warn that the costs of litigation may change the financial picture entirely, and that the decision of the court may not be to the satisfaction of either party.
Yours faithfully,
WENDY MANTLE
London, NW5
Join our commenting forum
Join thought-provoking conversations, follow other Independent readers and see their replies
Comments