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Client confidentiality for non clients

4 replies

Burfordlight · 10/04/2024 12:11

Hello
I recently reached out to a local solicitor for advice on a situation and to see if the claim is worth pursuing.
They responded they were unable to help me and recommend another local solicitor.
I've now discovered it's due to conflict of interest as they represented the person I am looking to sue. The case they were in will also become a large part of my case.
Everything in my email was the truth but I'm wondering if the person instructs that solicitor again to help against my claim, is that solicitor allowed to disclose my email or is it still covered under client confidentiality as I was enquiring to be a client at the time it was sent?

OP posts:
Bromptotoo · 10/04/2024 12:44

Conflict rules are a pain. In the advice sector if we're consulted by a party to a matrimonial issue and then the other one approaches us too we're conflicted.

But we're not allowed to say why!!

I think if the lawyer told your putative opponent what you'd said he'd be in very hot water.

Collaborate · 11/04/2024 06:20

At what stage of your communications with the law firm did you impart confidential information?
There is a difference as far as I understand it.

Say you sent them an unsolicited email containing details of your case you’d rather not share with the other party - they do a conflict search and establish they can’t act for you. They can continue to act for the other party and owe you no duty.

On the other hand, say you ring them, tell them you have a dispute with x, and want some advice. Before a lawyer rings you back they should do a simple conflict check.

Burfordlight · 11/04/2024 09:37

Would be the first one. We emailed the details to find out the strength of our claim and estimation of costs.
It's a claim for fraudulent misrepresentation due to an undisclosed neighbour dispute. Turns out the solicitor we contacted actually represented our seller in regards to the neighbour dispute.

OP posts:
Collaborate · 15/04/2024 08:06

So without checking whether they already acted for the other party you gave them confidential information, unprompted? Brave and risky thing to do. You can’t make a solicitor dump their client by sending them this information.

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