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Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

If you have formally instructed a solicitor

9 replies

Gothamgirl1970 · 21/06/2019 23:38

Do they have to admit they represent you?

OP posts:
Collaborate · 22/06/2019 04:29

What is the context?

HeronLanyon · 22/06/2019 04:50

Sometimes conflict (or potential conflict) means they have to disclose or can’t accept instructions by someone else et etc. Conflict here simply means legal conflict where it would create ethical
Problems to represent both. Not necessarily conflict between parties at all.
If trying to issue proceedings or similar then solicitors who have been instructed can’t say they haven’t been.
Without any context it’s hard to answer this properly or much further.

RedHelenB · 22/06/2019 08:28

I went to a few solicitors when I divorced. One said they couldn't represent me because there was a conflict of interest. My ex didnt use a solicitor in the end so I can only assume he disnt instruct a solicitor but merely sounded one out.

Collaborate · 22/06/2019 09:53

The question is worded strangely. I'm guessing here that OP has consulted a solicitor but they have not confirmed to a third party that they are representing her.

This may be because taking initial instructions and giving initial advice does not necessarily mean that the solicitor then goes on to actively represent a client.

Gothamgirl1970 · 22/06/2019 10:12

@collaborate I have instructed a solicitor, signed the contract, agreed the fees and paid a retainer and therefore the solicitor has agreed to represent me. What I would like to know is, if a person with no conflict and is not involved in my matter rang the practice or the solicitor directly to ask if he and or the firm was representing me, would the firm or solicitor be obligated to confirm this. Thanks!

OP posts:
ememem84 · 22/06/2019 10:16

Check the t&c’s of the contract. Under gdpr I don’t think they can but I may be wrong.

If there’s a conflict they they should declare it but if someone unrelated just called up and asked? Don’t think they can.

HeronLanyon · 22/06/2019 10:19

No they can’t unless the person who phoned was a solicitor representing someone with an interest in ‘a matter your solicitor is seized if’ or is representing themselves in proceedings which have been initiated (ie not just advice stage).
Op of you are worried about having gone for advice and someone finding out then speak to your solicitor to underline confidentiality and understand when it operates and when it doesn’t.

Collaborate · 22/06/2019 10:20

They are obliged to keep that confidential. It is personal to you. This is a third party not connected with the matter you are instructing them on. Had the solicitor answered their question you would have grounds for a complaint.

You can of course authorise them to reply.

Gothamgirl1970 · 22/06/2019 10:35

@collaborate and others thank you for the responses. There are a few nosey parkers and gossip mongers who would love to know this information and as it’s none of their business. When my solicitor writes to the company formally then they can find out that way. I appreciate all of you.

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