Ask Ash

Dear Ash,

I have got myself into a financial mess after splitting up with my partner and this is having a detrimental effect on my ability to concentrate at work.

I am constantly worrying about how I’m going to pay my bills and am increasingly using the internet at work as a way of distracting myself from my problems. I have also begun to skip lunch and make excuses for not attending staff nights out in order to save money.

Consequently my friends at work have started to become more distant as they assume I don’t want to socialise with them any more. I’m embarrassed about revealing my financial position to anyone but I am concerned that I may be en route to losing my job and isolating my friends even further.

At a recent meeting, my line manager expressed his unhappiness about the quality of my work and warned that I needed to put in more effort. I am finding it difficult to cope as I understand that if I get made bankrupt I won’t be able to practise as a solicitor?

ASH replies:

In the current credit climate, I am sure you will not be the only one with financial worries. Unfortunately, when you are in a good job with a relatively good wage, there is a perception that you must be financially comfortable and not many admit it if they are not. Solicitors also have the added pressure of ensuring they remain solvent as this is an inherent condition of their practising certificate. You are caught in something of a catch 22 situation, for if you continue to hide your financial position, this may just delay your eventual insolvency, and you may lose your job due to the stress and pressures of your situation.

You would be automatically suspended from the roll of solicitors if you enter into a trust deed or are sequestrated, though you can then apply to be given a restricted practising certificate and the Society will consider each case on its merits. (Intending trainees are similarly considered with regard to whether they should be granted an entrance certificate.) For further information contact registrar@lawscot.org.uk

It is imperative that you address your financial problems for the sake of your health and wellbeing. You may feel that your situation is hopeless at this point but that is not inevitable. You may even be able to find a way of avoiding becoming insolvent. I suggest first that you take some annual leave in order to focus on dealing with your situation. Then try to arrange an appointment with either the Citizens Advice Bureau or an independent financial adviser in order to go through your current income and outgoings. The CAB can arrange to speak to your creditors on your behalf in order to agree lower payment arrangements. This could help with the level of your current outgoings and prevent creditors taking any further action against you in the meantime.

As well as dealing with your outgoings, also try to increase the level of your income by perhaps considering taking in a lodger/ subtenant to share your rent/mortgage.

Finally, try to ensure that you seek some form of support through this difficult time, whether in the form of opening up to friends or perhaps contacting LawCare for confidential, free advice. Their website www.lawcare.org.uk has a section dedicated to stress and depression (among other topics).

Dealing with your problems head on should allow you to focus better on other areas of your life such as work, as you will have more clarity and hopefully more confidence about the future, no matter what it holds.

• “Ash” is a solicitor who is willing to answer work-related queries from solicitors and trainees, which can be put to her via the editor: peter@connectcommunications.co. uk or mail to Studio 2001, Mile End, Paisley PA1 1JS. Confidence will be respected and any advice published will be anonymised.

• Please note that letters to Ash are not received at the Law Society of Scotland. The Society offers a support service for trainees through its Registrar’s Department. For one-to-one advice contact Katie Meanley, Manager in the Registrar’s Department, on 0131 476 8105/8200, or katiemeanley@lawscot.org.uk