Don't think solcitor is working for their client

[Oliversmumsarmy]

I will post a bit more tomorrow but I wanted to know if a SAR (Subject Access Request. I think that is what it is called) would cover letters written by the clients solicitor to the opposing party (divorce).

If it does is their a template letter to use the wording or would you have to use something else.

I am a friend.

I think that after a meeting with the solicitor yesterday afternoon.

We think we got him to understand the problems friend is having. And actually pulled him up on certain things he said that proved he didn't really know what was going on and hadn't actually read her case.

We are not sure why but during the meeting there was a sudden change in him and I am hopeful it was the realisation that my friend is in a very vulnerable (physically and emotionally) position and the agencies that are supposed to be helping her are not.

We will see how Monday goes but I do want to know if it is possible to get copies of the letters or any thing the company hold on her.

Not,quite,following. Is your friend the client wanting copies of the letters written about them?

Yes

I may be wrong - but I think a client is entitled to copies of this sort of stuff anyway (but not the solicitors file notes etc), subject to bills have been paid.

The subject access request is the data protection route,

Thanks

We will see what Monday brings.

A client is entitled to a copy of a letter written to the other side. they may (perhaps should) have already been sent a copy - perhaps by email?

I don’t think advice from the solicitor to their client is covered by a subject access request - it is legally privileged

I don’t think advice from the solicitor to their client is covered by a subject access request - it is legally privileged

OP is asking on behalf of the friend. No one can ask for anything from a solicitor's file save for the client (and in some circumstances the court). If a request is to be made it will be made by the friend, but it won't be a subject access request. That would be unnecessary and inappropriate. It would simply be a client exercising their right to a copy of their file.

If the client makes a subject access request they are entitled to the information. Privilege protects that information from third parties. So if A is taking action against B, B cannot use a subject access request to A's solicitors to find out what they know. But A can use a subject access request to get at information because A is the client. In any event, as Collaborate says, a client is entitled to a copy of a letter written to the other side. A subject access request should not be necessary.