Possible breach of SRA rules

[Bomber99]

If a solicitor adds a statement in to final estate accounts stating that an agreement had been made with a beneficiary ant the beneficiary made no such agreement, has the solicitor potentially breached the SRA code of conduct and the beneficiaries data by revealing their name

[echat11]

If a solicitor adds a statement in to final estate accounts stating that an agreement had been made with a beneficiary ant the beneficiary made no such agreement, has the solicitor potentially breached the SRA code of conduct and the beneficiaries data by revealing their name

Yes. They've made a false statement, that breaches the SRA's code of conduct. It can be found here -

https://www.sra.org.uk/solicitors/st...ct-solicitors/

Maintaining Trust and Acting Fairly: 1.2 and 1.4.

Lodge a complaint with firm, follow their complaint procedure, Go from there.

[Bomber99]

Thank you ECHAT11

l have lodged a complaint with the company.

I will keep you updated as my complaint progresses through their complaints process

[Bomber99]

Hi all
ECHAT11
Ive received a partial response from the solicitor to my complaint.
They said because I had thanked them for, Understanding that the conflicting information they were supplying me caused me distress they had taken this as me agreeing to the gesture of goodwill offer.

I don’t even see this as a plausible explanation why they thought they could state I had made an agreement with them.

Would you have a thought on the best way to respond to such a response

Many thanks
Bomber99

[atticus]

It may be helpful to see the exact words used on both sides.

[Bomber99]

Hi ATTICUS

The words put into the Final Estate Accounts were: An agreement was made with ******* ******* that we would reduce our final bill by £**** +VAT

The words I wrote in a prior email before I received the final Estate Accounts are as per post 4.


Many Thanks
Bomber99

[atticus]

Post 4 does not tell us what you wrote. But I can see how saying "thank you" in response may be (mis)construed as acceptance.

[Bomber99]

Hi ATTICUS

what the solicitor wrote was: I opologise again for the stress caused and can offer a further reduction in my final invoice of £**** plus VAT making a total reduction of £*** to the estate. I hope this is acceptable to you and that we can now move forward.

I wrote back: I thank you for your understanding that the conflicting information you were supplying me caused me distress.

I have always refused their goodwill offer and in a further email from the solicitor they told me it matters not whether I excepted the goodwill offer it would be paid anyway.

[atticus]

I wrote back: I thank you for your understanding that the conflicting information you were supplying me caused me distress.

I agree, that is not acceptance; but neither is it refusal.

[Bomber99]

Hi ATTICUS

I find it difficult to understand how the solicitor could put in the Final Estate Accounts that they had made an agreement with me that was totally untrue. Like I have mentioned I have never agreed to a goodwill gesture and wouldn’t accept one without consulting with the other beneficiaries first.

It seems for their own reasons they wanted to make it known to the other beneficiaries that I had made some kind of agreement with them. This to me breaks the SRA code of conduct where they are giving out false information.

As a retired solicitor would you consider this a breach of the SRA code of conduct or would you say they acted in a professional way.

kind Regards
Bomber99

[atticus]

I think your ambivalence does not help you. As I said earlier, I can see how your reply could have been misconstrued.

[Bomber99]

Hi ATTICUS
just found this response in an email sent from the solicitor this afternoon.
Would you agree this proves that the solicitor has provided false information to the beneficiaries?

I appreciate, from recent correspondence, that the assumption of an agreement was incorrect and as such, at your request, the accounts were amended.

When sending the amended accounts to the remaining beneficiaries I will highlight the change, so they are aware there was no agreement.

Many Thanks
Bomber99

[atticus]

It shows that they now understand, in the light of your later communications, that what you had said before those later communications was misconstrued. They say that they will correct the position.

I repeat my view that your response to the offer was ambivalent and open to misinterpretation.

What are you actually trying to achieve?

[atticus]

Just to add that you can look at my responses at helping you understand what you are going to have to do to persuade the SRA or an ombudsman to uphold your complaint.

[Bomber99]

Hi ATTICUS
I appreciate your input and responses to my questions.

It will be interesting to see how the SRA view my complaint.
It is still my opinion that the solicitor made a false statement within the estate accounts.
Many of my emails beyond the one where I thanked them for understanding that the conflicting information was causing me stress had within them my refusal to accept the goodwill offer.
So I find it odd that they could possibly go back to that particular email as proof I accepted their goodwill offer and therefore exonerate them.

Best Wishes
Bomber99