Tuesday, June 08, 2010

Anatomy of a Divorce - Part 9: Form E reprised

David Charles looked despairingly at the bundle of papers before him. He should have filed his client's Form E with the court a week ago. He had sent his client several reminders to let him have the required information and documentation, but only today had this shabby bundle of paperwork arrived.

The trouble was, the bundle did not include all of the information and documentation that the court required - far from it. Brian Jones had scribbled some brief answers to some of the questions on the blank form that David had sent him, and returned the form together with an unsorted bundle of miscellaneous bank statements, many of which were missing, and other documents, many of which were not required. It would take David a couple of hours just to sort through the papers, time that he would have to charge to his client, who was already complaining about the amount of his fees.

David had explained to his client that, whilst he would complete the form for him, he could not manufacture the required means details, that his client would have to supply to him. He had also explained that a failure to provide the required information and documentation could result in his client paying further costs. Not for the first time, his client had ignored his advice.

Now David was left with the usual equally unsatisfactory alternatives: go back to his client to request the missing information and documents, which would further delay the filing of the form, or just go ahead and file an incomplete form. In either case, he would risk the wrath of the court, not to mention the other side.

Taking a deep breath, David reached reluctantly for the telephone.

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