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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

AIBU to be angry at my solicitor

11 replies

HairExtensions · 04/03/2011 23:00

For telling my abusive, aggressive and threatening Ex the date and time of my appointment?

I was so worried that he'd turn up or wait outside/in the vicinity that I changed my appointment to another day at a different time. She also lied to me about telling him the time of my appointment, no other way he could have known.

OP posts:
BigYellowFairy · 04/03/2011 23:07

YANBU but I think it is extremely unlikely she told him, all staff should be trained not to disclose information like that especially when it's a sensitive situation

Follow the firm's complaint procedure, then if you are not happy you can take it to the legal ombudsman.

You have the right to change your solicitor too, if you are very unhappy. Find another one and they will make an undertaking to the other firm, if appropriate, and take on your file.

HairExtensions · 04/03/2011 23:16

Thanks Fairy, she did definately tell him though, she admitted to telling him the day but not the time, theres no other way he would have known, I hadn't even arranged childcare yet.

When I first called about it the receptionist was shocked that someone had done that, I asked the solicitor if this sort of thing was covered by Data Protection but she said it wasn't. I don't believe her tbh but have no way really of finding out. Can't believe basic common sense didn't prevail though.

OP posts:
worraliberty · 04/03/2011 23:27

I would change solicitor to be honest. I speak from experience believe me. Possibly the worst and most stressful thing about my ex taking me to court, was the twattish solicitor that I ended up having to ditch and start over again with a good one.

Believe me it's not worth the hassle if you have doubts...change them.

OldLadyKnowsNothing · 04/03/2011 23:29

When I worked for Women's Aid (many years ago) there was a particular lawyer who had a record of "accidentally" disclosing the address of a "runaway" wife. Angry

BigYellowFairy · 04/03/2011 23:33

it's still priveleged information, no solicitor would usually disclose that to anyone other than the client without the client's express authority to do so. I think if you've already voiced your concerns with her, you should just explain why it was so dangerous/not at all appropriate and expect an apology.

It's then up to you if you want to change solicitor, might be the best course of conduct if you think this could happen again, or if you are unhappy with any other aspect of the care.

ScroobiousPip · 04/03/2011 23:34

It's not covered by data protection but may be covered by client confidentiality.

However, were you joint clients - for example, in your original terms of engagement did you agree that she could contact either one of you? If so, then unless you revoked those instructions, it's unlikely she did anything wrong.

On the other hand, if you are seeing her as a sole client, eg about a divorce, then you are right to feel aggrieved, particularly if you made it clear that even basic contacts such as about appointment times should be with you only.

Suggest you contact the legal ombudsman (legalombudsman.org.uk) and they will be able to look into your case. It doesn't cost anything.

BigYellowFairy · 04/03/2011 23:35

there are loads of dodgy and incompetent solicitors out there. Hopefully OP yours just lacked foresight.

LibraPoppyGirl · 04/03/2011 23:42

OP I've worked in solicitors all my working life, it's all I know.

Get rid. Any solicitor worth their salt, in whatever matter, but especially a divorce case, would never divulge anything to the other party or to anyone for that matter.

Whether it be her or her staff (which judging by the receptionists reaction it wasn't) it is wrong and unethical and just not on.

If you're unsure of where else to go, contact the Law Society on this link www.lawsociety.org.uk/choosingandusing/findasolicitor.law and they will be able to direct you to an appropriate solicitor in your area.

Good Luck xx

ReindeerBollocks · 04/03/2011 23:45

You need to complain to the practice manager or partner. If no further action is taken by the firm then report them to the law society for breaching client confidentially, especially if you have reported the DV incidents to the solicitor.

You can still change solicitor whilst complaining, you need to have a solicitor you have a professional trust in, and only you can decide if that will be possible with your current solicitor.

HairExtensions · 04/03/2011 23:53

Thanks everyone Smile

We've never been joint clients, I engaged solicitor to sort out contact/access between my DCs and Ex, I have kept her fully updated on the harassment from Ex and police involvement.

I think I don't trust her now and I will change solicitor, thanks for the links x

OP posts:
huddspur · 04/03/2011 23:57

I think you should change solicitor, I'm no expert but I would think it would be highly inappropriate for her to disclose your appointment dates and times to the other side.

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