Solicitor breaking SRA guidelines?

[orangecounty]

Solicitor was retained by a client and in the beginning, would refer back to their client for approval before sending a letter regarding a boundary dispute. When the neighbour received the letter they called the solicitor and that solicitor then spoke at great length on the phone, then arranged a visit to said neighbour's property, and it appears they advised that neighbour. The solicitor was spotted by his client and looked embarassed. The solicitor wrote a letter stating that they had visited due to the phone call from the other party. They then advised their client that there was nothing wrong after visiting the property and they had no need to pursue further action. The bill to their client included the time spent on the phone to the other party and the visit, none of which was authorised or instructed by their client. It is clear from the correspondence that the client didn't authorise or instruct these actions. I also believe that the advice that there is nothing wrong, is incorrect. I believe that when he received the phone call, then he should have told the neighbour that they should comply with the letter or retain their own counsel. My question is, are there any circumstances when a solicitor should engage with the other party and then visit a property in a boundary discpute, without informing their client and advise the other party?

[JK2054]

Are you one of the parties involved? If so which?

[orangecounty]

Hi! So glad I have got a response. I am related to the client.

[orangecounty]

Solicitor was retained by a client and in the beginning, would refer back to their client for approval before sending a letter regarding a boundary dispute. When the neighbour received the letter they called the solicitor and that solicitor then spoke at great length on the phone, then arranged a visit to said neighbour's property, and it appears they advised that neighbour. The solicitor was spotted by his client and looked embarassed. The solicitor wrote a letter stating that they had visited due to the phone call from the other party. They then advised their client that there was nothing wrong after visiting the property and they had no need to pursue further action. The bill to their client included the time spent on the phone to the other party and the visit, none of which was authorised or instructed by their client. It is clear from the correspondence that the client didn't authorise or instruct these actions. I also believe that the advice that there is nothing wrong, is incorrect. I believe that when he received the phone call, then he should have told the neighbour that they should comply with the letter or retain their own counsel. My question is, are there any circumstances when a solicitor should engage with the other party and then visit a property in a boundary discpute, without informing their client and advise the other party?

Did you get my reply?

[islandgirl]

I do not speak from a position of knowledge but it "feels" wrong. I hope someone will be able to advise. It is a holiday time so many of our members will not be on the board but will be off having fun... Look at the complaints procedure for the practice and make a formal complaint if you are unhappy would be my advice but wait and see what others say when they are back.

[Manxman]

Hi! So glad I have got a response. I am related to the client.

If you aren't the client then what you are relating must be at least secondhand. You should advise the client to post here firsthand.

("Send three and fourpence we're going to a dance...")

[orangecounty]

If you aren't the client then what you are relating must be at least secondhand. You should advise the client to post here firsthand.

("Send three and fourpence we're going to a dance...")

She is too old. Everything that I have said is backed up by his letters.

[islandgirl]

I have posted on behalf of others for all sorts of reasons and I think we have enough info to advise (if we have the knowledge to do so). As per my post above, has an official complaint been made to the firm and what did they say? I would not be paying the bill until the matter was resolved (or at least the elements under dispute).

[orangecounty]

I have posted on behalf of others for all sorts of reasons and I think we have enough info to advise (if we have the knowledge to do so). As per my post above, has an official complaint been made to the firm and what did they say? I would not be paying the bill until the matter was resolved (or at least the elements under dispute).

She is old. She didn't know what to do. She paid but asked for the remuneration certificate, which is when we got the itemised list. Have not mentioned to the firm yet. Wanted to see what you all thought. Am also checking to see if his advice was incorrect. I believe it was.

[islandgirl]

I understand. I believe the very first step is to look at the complaints procedure for the firm and to issue a formal complaint to whoever it says to send it to. They then have to respond. If you are not happy you can take to the Ombudsman although I have to confess my experience with that particular office is certainly not a good one.

Just to add - tell the firm what you want. Perhaps it is a refund of the cost of visit etc. Perhaps it is that plus a clear statement of why they do not think the dispute could be found in your favour so you can get another opinion.

[orangecounty]

I understand. I believe the very first step is to look at the complaints procedure for the firm and to issue a formal complaint to whoever it says to send it to. They then have to respond. If you are not happy you can take to the Ombudsman although I have to confess my experience with that particular office is certainly not a good one.

Just to add - tell the firm what you want. Perhaps it is a refund of the cost of visit etc. Perhaps it is that plus a clear statement of why they do not think the dispute could be found in your favour so you can get another opinion.

Thank you. I don't understand this - "plus a clear statement of why they do not think the dispute could be found in your favour so you can get another opinion"

[JK2054]

what it means is why they think you wont win, once you have this, we can advise further on whether its true or not.

[islandgirl]

Exactly. Get the solicitor to put their advice in writing and reasons why they told you there was "nothing wrong" and you should go no further with the issue. Then you can take that advice (and indeed post it here if you wish) and get a second opinion. You are entitled to this - you have paid for it!