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Original poster

Is this appropriate conduct for solicitors?

814 replies

AugustaFinkNottle · 11/06/2016 22:33

A solicitors' firm which acts for councils in special educational needs tribunals has tweeted the following:

"Great ABA Trib win this week ... interesting to see how parents continue to persist with it. Funny thing is parents think they won ;)"

I can't link to it due to having been blocked Confused but it's been retweeted, e.g here.

The original tweet resulted in numerous complaints and a quick change to the tweet.

The case they're triumphalising about will have involved a disabled child. Lovely.

OP posts:
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ANewDayANewName · 14/06/2016 18:44

One of my worries at the moment is that any affected LAs who have immediately pulled the plug on Baker Small will attempt to adjourn current hearings to rebuild their case.

Good in some ways. But bad for any child who needs the provision now.

I sincerely hope Tribunals won't adjourn, unless the parent demands it.

Lottielou7 · 14/06/2016 18:52

I haven't been able to find any information on Worcestershire LA and whether they intend to continue to use BS. Should I tweet them and ask?

Lottielou7 · 14/06/2016 18:53

They appear to have used them a lot in the last year...

Mummyme1987 · 14/06/2016 19:07

Bs must be regretting those tweets

Jeremysfavouriteaunt · 14/06/2016 19:08

You could do Lottie I just had a look for you and can't see that they have been asked yet.

Lottielou7 · 14/06/2016 19:14

It certainly is karma at its best

StarlightMcKenzee · 14/06/2016 19:17

Sadly, I believe it is only the tweets he regrets.

Jeremysfavouriteaunt · 14/06/2016 19:27

It is, some lawyers now on Twitter saying it was just 'a silly mistake' also someone who works in SEN saying its a 'witch hunt' and 'mob mentality'.

I cannot understand why anyone would defend him, some very sad stories coming out of how Baker Small treated parents in the past.

BrucieTheShark · 14/06/2016 19:49

Can anyone help me with Warwickshire? They had a crashing ABA tribunal defeat in Sept 2015 where they turned up with no defence or even suggested alternative provision. Sadly that was not ours!

So they engaged BS and made sure to copy Mr Small into an email to me at the earliest opportunity.

This was one small reason in the heaving mass of reasons why we have since moved away. However I still have a multi-headed complaint pending with Warks.

They are keeping their heads down and staying out of the press as they have only recently instructed BS. I have tried tweeting and local BBC FB page, but am a complete social media novice so am not making much headway.

BrucieTheShark · 14/06/2016 19:49

Extra galling when I happen to know it was one of their cases

BlueJug · 14/06/2016 20:07

I am not commenting on what has been said so far only that I was shocked to realise that this man was someone who helped me considerably with my son's case. He was great on the phone, recommended a charity to help and sent some useful advice and I almost used him - I just didn't think I could afford it in the end.

He was kind and caring and spent a lot of time with me - for no charge.

I cannot comment on the other stuff but I am stunned it is the same man.

Original poster
AugustaFinkNottle · 14/06/2016 20:27

Apparently he was claiming on LBC that he was in a "red mist" after receiving the alleged nasty email. I still find that really strange. I remember a solicitor who worked in mental health who received threats against her life and family more than once. She didn't find it necessary to go onto social media and start sneering at opponents in other cases.

It now appears the time line was over more than 24 hours. Who stays in an uncontrollable red mist for that long? Surely you'd do something about it? And I just can't see that those tweets are in any way consistent with someone in a red mist. They read to me as being composed by someone who is enjoying himself and thinks he's scoring points over the people who have responded to him.

OP posts:
ANewDayANewName · 14/06/2016 20:34

BlueJug I honestly do not see how a solicitor can work on both sides when Mark Small is so blatantly pro LAs. This weekend's inappropriate tweets are only the tip of this particular iceberg of his contempt for parents and particularly his viciousness towards parents who use legal representation.

The Guardian have slightly changed their report, and in it, now quotes that Mark Small "said any work the firm lost with local authorities would be replaced by work representing parents against the councils." Honestly, would you as a parent use them now knowing his true feelings towards you?

Perhaps other lawyers on this thread can comment if this is a conflict of interest. Given his long held feelings towards parents (I'm talking years, not just since the weekend), is there a conflict of interest?

Lottielou7 · 14/06/2016 20:36

Worcestershire have said on Twitter that BS has reassured them that the case he referred to in the tweet was not a case in Worcestershire. i don't see how that is relevant.

Apparently they are considering what to do about their future use.

ANewDayANewName · 14/06/2016 20:39

AugustaFinkNottle Do you have a timeline you could PM me. Hopefully the SRA will be interested in it, if it conflicts with his version of events.

Jeremysfavouriteaunt · 14/06/2016 20:40

I have a parent who is very much in the public domain and gets lots of online abuse, it's very hurtful to read the comments section in the mail online and see the venom towards someone that you love. It's par for the course though and I have often had my hand hovering above the reply button, but you just can't behave like that.

BlueJug · 14/06/2016 20:46

I hope that this whole episode does something to change the way the system works. Whilst public funds have to be used wisely parents should not have to fight for what they have a right to. It should not be adversarial at all.

I gave up. I was going to go down the tribunal route, (ironically with BS!) but we were already in year 9 and running out of time - and the fees were high.

I spent every penny I have on private help for my DS instead. I couldn't be sure that even if I won my case I would get what my son needed and I knew that with everything else in my life I would end up stressed - as would my DS.

I am still in trouble. No money, no school. If this even changes a few of the attitudes it will have done some good.

Original poster
AugustaFinkNottle · 14/06/2016 20:49

I don't have a timeline as such. However, if you look at the screenshots on the ROF website, it all started at 21.37 on 10th June and continues on 11th June with posts at 17.56 going through to nearly midnight. I didn't become aware of it at the time and couldn't see it directly due to having been blocked by him previously, so don't know if there was more in between.

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BlueJug · 14/06/2016 20:51

ANewDayANewName - you are right but his selling point was that he knew how the LAs thought/operated and so we had a good chance of winning.

He came across well and I had no reason to suspect contempt. I am shocked by what I have read on this thread.

I am also, having read others' experiences today, sure that neither I nor my son would have coped with this well. I had no idea it was so brutal. I am pretty sickened TBH

ANewDayANewName · 14/06/2016 20:52

AugustaFinkNottle Thanks. I didn't get blocked. But I did take screenshots from Sunday morning onwards. So going to try to work it out tomorrow (fresh head and all that!)

Jeremysfavouriteaunt · 14/06/2016 20:53

His Twitter is back up again, he has deleted a lot of my comments Confused

ANewDayANewName · 14/06/2016 20:57

you are right but his selling point was that he knew how the LAs thought/operated and so we had a good chance of winning.

Despicable simply despicable!

Can any other lawyer comment on this whether acting for both LAs and parents is a conflict of interest (given his public and aggressive contempt for parents even before this weekend)?

Although, I suspect the question is now academic, as he won't be acting for many LAs soon.

BlueJug · 14/06/2016 21:04

In terms of conflict of interest I have a family member whose firm acts for parents and LA's in child custody cases - I think it is ok as long as the cases are kept distinctly separate, ( different team members, different "departments" etc) and as long as the same firm isn't acting for both parties in the same case.

Jeremysfavouriteaunt · 14/06/2016 21:04

It has to be a conflict of interest. We have public sector contracts but used to do private work, we were never allowed to do both at the same time.
Not legal work but worked with lawyers in our field, vague cross over.