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Conflict of Interest

  • hervinder
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09 Sep 12 #354779 by hervinder
Topic started by hervinder
At the start of the seperating process initiated by my ex wife she used a firm of solicitors we had used previously whilst we were together, so they had represented me prior to the divorce/seperating process begun.

I informed my solicitor of this and they wrote to hers stating that they cease representing her imediately as there is a conflict of interest. They confirmed in writing that they will no longer represent my ex wife and that my wife has now instructed another firm. Funnily enough the new firm is based in the same building as the previous one, we always suspected that the two firms were working together and that my wife was getting advice from both. Although all correspondance is recieved from the second firm.

Two months later i now have firm evidence confirming that my wife is in contact with the first firm of solicitors and receiving advice from them.

Having confirmed in writing that the first firm are no longer representing my ex wife and clearly they still are is totally wrong.

I''m told we can complain to the law society but is there anything to gain here?

How seriously would the law society take this?

what powers do they have?

Is this something that can be used in any court proceedings?

  • .Charles
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10 Sep 12 #354924 by .Charles
Reply from .Charles
Firstly, there is no conflict of interest. If the firm acted for you both, any instructions and advice is common ground therefore there is no prejudice in acting for one of you on a separate matter.

The situation that you describe between the two firms of solicitors sounds fantastical to say the least. There is no mileage is secretly representing a client by using another firm as a ''cover''. Each firm would have a lot to lose from such a scam which benefits nobody. As such, I can''t help think that you have jumped to the wrong conclusion somewhere along the line.

You can certainly make a complaint to the law society/SRA but there is probably a very simple explanation and as there is no conflict, the LawSoc/SRA won’t be interested.

I don’t wish to belittle your concerns but if you ask yourself what you want to achieve from your complaint, it might help you focus on what really matters which is resolving issues between you and your spouse.

Charles

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