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Solicitor soliciting me after leaving firm

(13 Posts)
user1482874842 Mon 24-Jul-17 17:59:37

My decree nisi was pronounced last week (yay!) Consent order is at the court, and is likely to be contentious, so unfortunately I still need legal advice (has cost twice what I thought it would already) The solicitor I've seen from the start was put on gardening leave last month, and the first I heard she was leaving was a letter from the named partner telling me she would now be dealing with my case, but she was also employing 2 new solicitors who might get involved. That's all I've heard from her really, except a bill for last month and an emailed letter to tell me the decree nisi date and that the consent order had been sent to court. Today I get an email from the original solicitor who has given me her number and said she is still operating in the area (despite her firm's signature giving an address about 100 miles away). Not sure what to do. On the one hand she knows me and my case, but on the other, is this ethical? Does it matter, as I'm the paying client? Anyone got any advice? Thanks.

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user1482874842 Mon 24-Jul-17 18:20:10

Was going to start another thread, but I suppose this is closely related. Wondering whether even to continue with the representation. I'm pretty sure my consent order is going to be queried (long story short, hubby recently unemployed, chose drugs over starting a pension, was bought out by me in 2009 and put back on mortgage in 2011, so not a 50/50 split. But so much in my favour I don't think the judge will pass it without more info - we have both agreed to this split though). However, all this £20 here and £20 there for letters coming in from the court and being sent out to me is breaking the bank a bit. My STBXH had a letter last week from the court to say the DN has been pronounced, but I still don't have anything. He also had a letter from the land registry to say we are now tenants in common, and I presume my copoy has gone to the solicitor. I know that little lot will add up to £60 (2 letters in and presumably 1 letter out). Can I manage this myself from herein? What more can the solicitor do for me? Any advice very gratefully received.

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Familylawsolicitor Mon 24-Jul-17 23:07:31

It's not unethical as such or against SRA rules to try and poach you but it's probably a breach of the employment contract between solicitor and previous firm. Whether you want to be involved with that. It sounds as if you're very close to the end even if an explanation is required to the court about the reasoning behind the CO. At this stage I'd think more hassle to move than it's worth unless original solicitor has left terrible notes and new partner will find it hard to explain reasoning on any query.
Wait and see if there's a query - many are not queried - depends on judge.
I wouldn't try and answer a query from the court without legal advice.

MrsBertBibby Tue 25-Jul-17 07:30:06

Weird that she'd bother trying to poach a client with so little work left to do.

user1482874842 Tue 25-Jul-17 15:40:16

Thanks for responding. I wondered that too about why she would be bothering at this point. I think I will stick with the firm. It's a lot simpler than changing.

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Familylawsolicitor Tue 25-Jul-17 18:31:50

She might be under pressure to bring a following with her to new firm and hasn't made good on her assertions of cases she was bringing with her

MrsBertBibby Tue 25-Jul-17 20:17:21

But surely no one actually believes what anyone says about followings? Especially in family. They don't tend to be repeat clients anyway, so who wants the scrag ends of a caseload? Especially at the risk of litigation with the other firm?

Madness.

OutToGetYou Tue 25-Jul-17 20:23:41

She has breached the data protection act, as well as her own own employment post termination clause in her contract, by even having your contact details. I'd call both of those things pretty unethical and would not want her acting for me

user1482874842 Tue 25-Jul-17 22:36:44

That's a very good point Out! She shouldn't actually have my details, should she?

God, roll on the end of all this!

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OutToGetYou Tue 25-Jul-17 23:29:47

I'd report her back to them for it. They are also in error for allowing your details to be removed, they are the data controllers and responsible for the safe-keeping of your data.
I have recruitment consultants do this all the time. I won't work with them if they do it when they move firms, and I always tell the previous employer if I am still using them.

scottishtreehugger Mon 31-Jul-17 09:21:01

The data breach is an issue, I agree.

But not everybody has employment contracts ( yes even lawyers) and even if they do, some won't have restrictions on where you practice when you leave.

But under professional regulations, she probably ( definitely in Scotland) shouldn't contact people whom she knows to be clients of another firm ( i.e. Her old firm).

OutToGetYou Tue 01-Aug-17 10:37:19

Even if no written contract there is always an implied contract.

scottishtreehugger Tue 01-Aug-17 12:40:46

Yes of course but implied terms won't cover restrictive covenant.

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