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AIBU?

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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:
Thread gallery
26
GingerIvy · 14/06/2016 21:09

Gloucestershire CC has said this: "v.disappointed w/@bakersmall tweets. We’ll consider all services provided by them at contract meeting - this top of agenda."

BlueJug · 14/06/2016 21:10

It is a different department "sen4you" - legal services.

Lottielou7 · 14/06/2016 21:18

I think I've been blocked by BS - I only made one comment!

Asprilla11 · 14/06/2016 21:25

Someone tweet him this;

Mark Small, a SMALL minded man with an even smaller penis.

Grin
Ruralretreating · 14/06/2016 21:32

It's not generally a conflict to work on different cases for opposing sides e.g. LAs and parents. There may be questions about using confidential information from LA work in assisting a parent against that LA (I can't remember the exact rules on this point off the top of my head as its not usually relevant to me). Generally an LA is not going to be impressed with its trusted adviser opposing it in cases though and the adviser will risk losing that more lucrative contract. Contracts could also have provisions which prevent the solicitor acting against that particular LA. It would be a conflict to act for opposing sides in the same case though is occasionally done by using Chinese walls (but they are a pain in my experience!)

Ruralretreating · 14/06/2016 21:35

BlueJug I admire you for speaking up with your experience of him and glad to hear he treated you well.

BlueJug · 14/06/2016 21:51

Thanks rural -it isn't a defence - I don't for one moment doubt what I have read I just had a different experience. The key thing for me with this has been the absolute shock at the system.

I am approaching the LA myself - in fact I wrote a letter today in support of an application to a particular school - having read this I am doubting I will get what I want.

ANewDayANewName · 14/06/2016 22:01

Lottielou7 I think his account is still deleted? I get a message that this user doesn't exist.

BlueJug I'm so sorry this odious man has let you down.

Rural - thanks for the legal aspect of conflict of interest. I think he was running a massive business risk if he represented parents because of this Generally an LA is not going to be impressed with its trusted adviser opposing it in cases though and the adviser will risk losing that more lucrative contract If he started to "win" parents cases, then it's not just a LA who has a contract with him who would not be impressed, but other LAs would not be too happy either if he built a reputation of "winning" for parents.

BlueJug · 14/06/2016 22:08

It wasn't really him - it was the school first and then the LA and then the fact that it would cost somewhere in the region of £20k just to get what I thought I needed, (his fees plus "experts" fees.).

Now I have seen how the cases are fought though I do feel let down - but my son is relatively ok compared to some children and my experience is nothing like those I have read about in this thread.

I am ashamed that we have an education system like this.

BlueJug · 14/06/2016 22:10

I do see that he is part of that system though - and has got rich on the backs of parents selling all that they have just to try to get the help their child needs.

bialystockandbloom · 14/06/2016 22:10

Oh.My.God Shock

Have only just seen all this. Fucking wow.

No surprise to many of us who know of BS directly or indirectly.

Star I am THRILLED to see you still so fired up and on the case with this, after all those dreadful experiences you had years ago.

Bloody well done all of you Flowers

It is fantastic that the system illegally employed by LAs to ideologically oppose ABA on a spurious 'cost' basis (which doesn't usually stack up anyway) has been highlighted so publicly.

bialystockandbloom · 14/06/2016 22:12

And karma's such a bitch, ain't it Wink

Lottielou7 · 14/06/2016 22:14

Apparently ITV want to talk to parents who have experiences with BS

'ITV are looking for people to interview and share their experiences with Baker Small.

My num is 07713 654792
[email protected]'

Original poster
AugustaFinkNottle · 14/06/2016 22:44

I think I've seen somewhere that he wouldn't act for parents in cases against authorities he acted for, so he was presumably OK on the conflict issue. The question is whether he can now - I'd have thought his former clients can object at least for a time because he will have so much confidential inside knowledge. So that will also cut down how much work he can realistically do for parents.

I actually feel quite sorry for his employees, they must be just waiting for the redundancy notices - unless they've jumped ship anyway. I wouldn't want to have a firm like this on my CV.

OP posts:
Ruralretreating · 14/06/2016 22:51

BlueJug this may be a good time to approach your LA - whilst there is so much public attention focused on this they should be making sure they are acting properly and within the law and all their actions would withstand public and legal scrutiny. They should act like that anyway of course but in my experience this kind of publicity rather concentrates the "corporate" mind

BlueJug · 14/06/2016 22:55

That's maybe true. I haven’t seen my LA mentioned in this thread as one he has acted for.

BlueJug · 14/06/2016 22:59

Thank you rural - that is useful, very useful – it makes sense. My DS is becoming more and more difficult. He hates the uncertainty. I think school, with the right support, would help

Ruralretreating · 14/06/2016 23:13

In my view he could/can act for parents against LAs he didn't work for previously. It would be harder to immediately act against former client LAs because a solicitor owes a duty of confidentiality to clients which lasts forever. Solicitors also have a duty to disclose all material information to their client. So, he may well have confidential information about the LA which he would be prevented from disclosing to the new client parents. If this information is material to the parents case and he can't disclose it to them he is in a conflict of interest situation. He may also be contractually restrained from acting against his former clients for a period of time.

Did he mention taking on parents as clients to try and make amends or in a "I'll be alright either way" way?

Oh and please tell me to stop if my explanations of the legal conduct requirements are boring everyone to tears!

AnecdotalEvidence · 14/06/2016 23:15

He phoned in to LBC earlier.
His snivelling excuses are worth listening to.

www.lbc.co.uk/listen-boss-of-law-firm-that-celebrated-great-win-against-special-needs-kids-132236

Lottielou7 · 14/06/2016 23:46

I've just listened to it - snivelling indeed!

NotYoda · 15/06/2016 05:35

So he thinks the system is awful, and has switched to the "bad" said (presumably because it's more satisfying for him on a personal level to have a bigger win rate).

That's the game he's playing and he's suffering the cognitive dissonance from that decision.

Boo hoo

NotYoda · 15/06/2016 05:35

"bad" side

user1464519881 · 15/06/2016 06:39

Some of the comments on here are pretty libellous.
Some are also nasty
"Mark Small, a SMALL minded man with an even smaller penis". Would you like someone to tweet back to you that you were small minded with a fat tummy or something similarly rude?

By all means say his tweets with cats were unprofessional and look into whether he disclosed anything illegal to disclose but I am afraid all tha tsome parts of this thread at the moment are doing is proving Small is right. Now I am sure in part it is caused by the difficulties of having children with special needs and the day to day stress of that but I think we should not sink to certain levels in relation to this solicitor.

user1464519881 · 15/06/2016 06:41

So someone made a threat to his family and daughter in an email to him. Presumably people on this thread agree that is utterly unacceptable and in fact worse than his tweets?

Allisgood1 · 15/06/2016 06:54

Really user? Are you Mr. Small himself?!