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  • Miracle
  • Miracle's Avatar Posted by
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21 Dec 15 #471006 by Miracle
Topic started by Miracle

Could somebody give me some guidance please?
I believe my solicitor is not acting in my best interest and somehow my ex managed to find out from my solicitor some info that was discussed between myself and solicitor and was strictly private.
Who do I address this if I believe to be missconduct?

Thank you

  • TBagpuss
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08 Jan 16 #471901 by TBagpuss
Reply from TBagpuss
The first thing you should do is talk to your solicitor.

xplain the information that you belive was obtained by your ex and the concers that this came from your solicitors.

In relation to your concerns that hthe solicitor is not acting in your best interests, be specifc - explain what they did (or did not ) do which you feel wasn''t in your best interests and ask them to explain why it was done.

It may be that ther ehas ben a simp misunderatnding or miscommunication which can be resolved.

If, once you have spoken to your solicitor, you are still unhappy, then follow the form''s complaints procedure. You will normally have been given details of this (or where to find it) in the Client Care letter you should have been sent by your solicitor when your file was opened. If you don''t have, or can''t find this then you can ask them for another copy.

Normally, the complaints procedure will provide for you to raise concerns with the person dealing with your case and then with their supervisor / head of department. Some firms may have a designated Complaints Partner.

At each step you will normnally be told what the next step is if you are still unhappy. If you re not happy once you have usd the form,s internal complaints process you can refer to the Legal Ombudsman.

Although I would suggest that you initially riase your concenrs by meeting with your solicitor, you may want to write down your concerns so that you can refer to this during the meeting.

If you are not satisfied, write to the firm using their complaints process. Try to be as clear as possible saying:

- what happened (or didn''t happen)
- when it happend
- why you are not happy (e.g. "I specifically told [Name} I did not wnat this information to reach my ex. However s/he included it in his/her letter toex''s slicitor dated [date]. S/he did not show me that letter before it was sent and did not at any time tell me that s/he would be giving them that information")
- what you want them to do to resolve the issue (e.g. apologise / transfer your file to a different solicitor within the same firm / traansfer your file to a different solicitor at a different firm / give you a reduction on your bill)

Keep a copy of your letter.

it may be that the information was something which your solicitor could not keep secret and was obliged to disclose - but if that is the case, they should have let you know. it is also possible that your ex got the information in a diferent way.

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