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Solicitor passed on confidential details from client file

12 replies

MayDayFightsBack · 26/06/2018 21:25

I can't go into the whole details of this as there is an ongoing legal dispute that it touches upon - but isn't part of. However, I need some advice on this particular incident if possible.

I went to a solicitor for some advice and the advice they gave me was wrong. I have my suspicions why they gave me the advice but can't prove it as it was done over the telephone. When they were questioned by the other side's solicitor they panicked and implied it was my fault for omitting some information - all complete lies, they were told very clearly the facts of the case. I have formally complained to the senior partner but as the original discussions took place over the telephone it's difficult to prove what I told them at the time. Thankfully, this hasn't had a huge effect on my case but it could have done. I subsequently changed solicitors.

A few months afterwards it came to light that the previous solicitor passed on details from my client file - I have proof of this and they have now admitted it in writing - to the other side's solicitor. They also tried to charge me for the bad advice they gave me in the first place. I wrote and complained and they have offered to drop the invoice for the bad advice if I admit this is recompense for the mistake they made passing on the data from my client file. The bill is for a few hundred pounds. They are still insisting that they didn't give me bad advice in the first place and have the right to charge me for that. Is this a reasonable recompense do you think? I am so annoyed at their incompetence but mostly because of they have continued lying about it. My current solicitors are brilliant with regard to my case but they seem to think this is quite a trivial matter whereas I don't think it is. It caused me huge stress at the time.

Should I accept their offer?

OP posts:
MrsBertBibby · 27/06/2018 08:22

I would listen to your new solicitor, tbh.

The whole situation sounds weird and your new solicitor is much better able to understand.

You can of course go to the ombudsman for poor service.

DGRossetti · 27/06/2018 11:46

as the original discussions took place over the telephone it's difficult to prove what I told them at the time.

Not if you record all your calls.

LARLARLAND · 27/06/2018 11:53

Please pursue a complaint. Solicitors have such a high standard of duty of care and they have breached this and should be held to account.
As well as this you could contact the ICO for breach of data protection.

MayDayFightsBack · 27/06/2018 16:09

Thanks to everyone for their advice. My feeling is that my new solicitors want to concentrate on the case which concerns a lot of money. This is a trivial amount to them. Up until this happened it never crossed my mind that a seemingly experienced solicitor might give me advice that was completely wrong, but the passing on of the data from the client file shows how incompetent they are I suppose. In future, all communication with solicitors will be by email!

OP posts:
DaffoDeffo · 27/06/2018 16:12

no, i agree with your gut feeling. I would pursue this and I don't think a couple of hundred pounds is enough for a solicitor revealing details to the other side.

I think it's utterly appalling in fact

DaffoDeffo · 27/06/2018 16:15

I think, even though it was bad advice, you are going to struggle to prove this (especially if they are willing to lie about what you said to them).

But that doesn't stop you pursuing them for revealing the details. I think you need to divorce the two incidents. In the end, you may set off money from the one against the other, but for the time being you have 2 issues

  1. They gave you bad advice which you don't wish to pay for. However, they have lied about the details you gave them and have no proof of who is right or wrong so you may end up having to pay for this as you admit they did do some work (though useless work in your eyes)
  2. They revealed details of your case to the opposition which is a totally different matter and one they should be pursued for

if your current solicitors don't want to help you, and I can see why if they are currently involved in the case it relates to, you may need to involve someone else (which probably tests the limit of how many solicitors you want to involve!)

Ginger1982 · 27/06/2018 16:38

What data did they pass on? Normally if you change lawyers you would sign a mandate allowing the previous lawyers to pass relevant info to the new lawyers. Did this not happen?

DaffoDeffo · 27/06/2018 16:44

it's not to the new lawyers, they passed on details to the opposition lawyers

KatieMarieJ · 27/06/2018 16:46

When you received the telephone advice had you signed their client care letter/terms of business? If not tell them to whistle Dixie and pursue the complaint.

MayDayFightsBack · 27/06/2018 17:09

Thank you DaffoDeffo your advice to separate out the two incidents is very helpful. I think that's what is annoying me. They are trying to net off one against the other and I suspect it's because they know that the second incident is serious, particularly as I have proof of what they did.

KatieMarieJ I hadn't signed the client care form when they gave the initial advice but I subsequently signed one - because of the advice given - and they then did some work based on what they had told me.

OP posts:
MayDayFightsBack · 27/06/2018 17:13

Ginger they passed on information to the other side's solicitor, not my current solicitor. It's difficult to describe how and why as it would be outing, but it definitely happened.

OP posts:
Ginger1982 · 27/06/2018 18:13

Ah, sorry misread the OP!

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