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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

AIBU to think this isn’t ok? Legal one

17 replies

Istherealawyerinhere · 23/09/2019 13:06

For your lawyer to just CC other people into their email with you. Specifically a family member who they do not represent. Surely this isn’t ok?

OP posts:
BogglesGoggles · 23/09/2019 13:08

Probably not. It depends on the content of the email and their relationship with the person being cc’d

zxcvhjkl · 23/09/2019 13:09

Without context it's hard to judge the appropriateness.

TulipsTulipsTulips · 23/09/2019 13:09

No it isn’t ok. If only you are the client then your lawyer needs your permission to copy in another person on privileged communications.

ChazsBrilliantAttitude · 23/09/2019 13:11

Depends on the circumstances. If you are minor or lack capacity for some reason it might be appropriate.

Istherealawyerinhere · 23/09/2019 13:16

No it isn’t ok. If only you are the client then your lawyer needs your permission to copy in another person on privileged communications

These are my instincts about it!

OP posts:
Istherealawyerinhere · 23/09/2019 13:17

If you are minor or lack capacity for some reason it might be appropriate

No, no minors/lacking in capacity.

OP posts:
SummerInSun · 23/09/2019 13:18

No. The client is the person/people named in the engagement letter. Only that person/people are the clients and any communication should be with them only. However, if the client has behaved in a way that has led the lawyer to think that someone else is to be kept informed, eg because the client cc'd other people to email or had others attend meetings / conference calls, the lawyer may take that as an implicit instruction to communicate with the other people as well.

Simple solution - quick email to the lawyer saying "for the avoidance of doubt, please only address things to me and don't cc anyone else".

Kanga83 · 23/09/2019 13:20

Why do they have a family members email, and what is the context? If it's legally privileged then no, it all depends on why, and how this came about. I'm a lawyer, I can't say I have ever CC'd unless it's do with capacity, PM me if you don't want to put details on here.

Kanga83 · 23/09/2019 13:21

Pressed send too quickly, I would also in a call and backed up in email ask your solicitor to ensure communications are dealt with you and ask for an explanation.

Sedlescombe · 23/09/2019 13:24

How would they have email details? Presume they weren’t on the original communication where the solicitor did a reply all?

ChicCroissant · 23/09/2019 13:24

If it is the beneficiary of a will, I can see why they might keep them updated - what kind of issue is the solicitor dealing with, OP, is it anything like that?

Istherealawyerinhere · 23/09/2019 13:35

kanga

Have messaged you - thank you!

sedlescombe

My thoughts entirely on how the hell do they have the email address anyway! Makes me suspicious

Not the beneficiary of a will.

OP posts:
CornishMaid1 · 23/09/2019 13:38

The only time I have done it, other than where the family member is also a client on a transaction (such as you are both Executors on an estate) is where I am acting for a client who has said that I can talk to a relative about it or to deal with a relative (often an elderly client who has a child helping them). It is only with the consent of the client so cannot think why they would have or how they could have got their email address.

Was the relative a cc on a previous email that they have just 'replied all' to or does the relative have an email address close to yours?

HollowTalk · 23/09/2019 13:40

Of course not. Is the person copied in hostile to you?

Helpmedecide123 · 23/09/2019 13:43

This is potentially a GDPR breach.

Kanga83 · 23/09/2019 14:14

I've PM'd you back. Let me know if you don't get it as it logged me out as I hit send.

Tonnerre · 23/09/2019 14:17

It depends on the terms of your agreement. Check the original correspondence - there may be a standard term authorising the solicitor to communicate with others.

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