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Barrister “cc” into every email

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  • Barrister “cc” into every email

    Hi All,
    Im am Representing myself as a respondent in a Family Law “Financial Remedy case.

    My question is the Applicants Solicitor for the last 5 months has ‘cc’ in her barrister to all emails I receive. Is this a breach of my confidentiality and should the SRA be informed ?
    Tags: None

  • #2
    Sorry, but that is unlikely. The barrister is part of the applicant's legal team.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      Thank you for responding,

      my second question is can I also “cc” in my financial advisor into every email I send to the Applicants solicitor, and would he be allowed to be part of my council at final hearing ?

      Comment


      • #4
        why would you want to let the other side know that you are sharing with this person? Will he really want to see every communication?
        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

        Comment


        • #5
          Because he has agreed to be a McKenzie Friend at final hearing,he is a financial expert too. In a financial hearing

          Comment


          • #6
            So you can say that he is part of your team for the hearing of this case.

            Make sure that you and he both understand the limitations/restrictions on use of documents disclosed by the other party. Briefly, these may be used for the case in which they have been disclosed and for no other purpose.
            Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

            Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

            Comment


            • #7
              Thank you so much for this information, I will write a word document letter to where we both sign it and send to the other side, to include the points you have mentioned.

              I had representation in a solicitor till recently, after spending £88k to get a simple divorce , I could no longer afford a Solicitor so I’m grateful to this forum and your the first to give a constructive reply. It’s daunting to me , but I have no alternative. I hope you are around to give guidance in the future

              Comment


              • #8
                I wish you well. Please note that I never practised in the family law field, so I may not be able to assist with questions about the detail of the case.

                Bear in mind also that you do not know who will be reading this thread.
                Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                Comment


                • #9
                  Thank you, I fully understand and will be careful.
                  Are you familiar with the SRA code of conduct and if something would be regarded as a serious breach or not ?

                  Comment


                  • #10
                    I would like to think that in the course of 38 years as a practising solicitor I acquired sufficient familiarity with the rules governing my profession. If you explain the situation, then if I cannot comment, someone else may.
                    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                    Comment


                    • #11
                      Thank you, here goes.

                      The Applicants Solicitor sent an email directly to court to adjourn my financial Remedy case final hearing, his last point he made to court was he made reference to an other case his client is involved with, which he is not appointed to represent her on. He made a reference to it and stated (not alleged or accusation) but stated “He was Wielding a knife”, and also added “at her”.


                      1. He sent this directly to court and ourselves in a email.
                      2. He referred to a live case he doesn’t represent her on.
                      3. He did this to influence a judge to Adjourn Final Hearing
                      4. No wording of “Alleged” was used. He Simply “States it”.

                      Would the SRA find he has broken the SRA code of conduct and if so, how serious?

                      Comment


                      • #12
                        Also he has no evidence to what he has stated.

                        Comment


                        • #13
                          On just those few words, I am unable to comment.

                          Did you let the court know that you dispute the allegations?

                          Beware of being distracted from the main issues.
                          Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                          Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                          Comment


                          • #14
                            At the time I had Representation. The hearing was Adjourned and i was willing to Appeal it, but my solicitor said if I appealed and didn’t get the original date re installed , I would pay the costs. So we didn’t appeal , but at the time I responded to all points in email. At the time I went to the Police to log Harrassment against her Solicitor, we also informed her Solicitor we had done this and I was also going to inform the SRA. I’m gathering info along the way , so not sent report to SRA yet.

                            I wanted court to know this, but my Solicitor didn’t tell them because she didn’t want to file my replies to his points, unless we appealed to reinstate Final Hearing, but she warned me off it and threatened I’d pay costs if date wasn’t reinstated.
                            So your question is , no we didn’t inform court.

                            it wasn’t an Allegation, he stated it

                            I do understand about being distracted , but I’m dealing with an aggressive threatening solicitor , who treats me like a criminal and not a dad of two young boys

                            Comment


                            • #15
                              Hi I’m desperate, I’ve just done the first day of two at a final hearing for a financial remedy case , can anyone give me examples, template to writing a submission/final statement,

                              Tonight sorry

                              Comment

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