For a book: Malpractice scenario

[LizzieBananas]

I will preface this by saying this is simply research, the details are not completely fixed but it takes place in England.

John and James are partners in a small law firm.

A woman comes to their firm seeking a divorce. She first sees John and shortly afterward begins a relationship with her. He also begin paying for some things like her bills as she was a SAHM and she doesn’t have enough money after her split to pay for everything.

James soon takes over the case (he’s the family law specialist); he knows about the affair. He represents her in her divorce then she moved away to be closer to family.

The affair stops.

A decade or so later, all is revealed. How much trouble are they in?

By the way, John is married with kids (born before and after the affair), not a free agent in any way.

Just wondering what you would expect to happen here.

I guess John and James would have to fall out, and James would have to report John to the SRA. I am not sure whether it is completely not allowed to have a relationship with your client (although it would definitely be a bad idea), so I would check, and I would have a look at the SRA handbook or code of conduct to see what sort of behaviour this would fall under (maybe conflict / bringing profession into disrepute/ acting outside your area of competence) and then read some Solicitors Disciplinary Tribunal decisions to see how this might pan out. It sounds quite boring to be honest, not hugely egregious behaviour even, but a TRibunal hearing would be stressful and the SRA go for huge costs now, so a lot of money could be at stake.

If you just Google a bit, you can see that solicitor/client relationships are not that clear cut.

This is a bit out of date, but: www.legalfutures.co.uk/latest-news/sra-to-probe-solicitor-in-relationship-with-client-during-shameful-contact-battle
The point isn’t the relationship as such, but the consequences, although things may have moved on since then.

Back to the drawing board I’m afraid.

Thank you to everyone.

This is only a subplot so actually to know it's really nothing is interesting as I can then focus on the personal side of it.

Thanks for the comment re: malpractice vs professional negligence.

Also unlikely John would have seen the client first 're the divorce if he was not a family lawyer