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My Lawyer or the IT company he used, error, who to complain seek compensation from?

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  • My Lawyer or the IT company he used, error, who to complain seek compensation from?

    I engaged a lawyer to represent me in a case involving intellectual property in the IPEC.
    The lawyer subsequently contracted an IT specialist company to extract the Opponents data (which they were entitled to, no issue here) from a hard drive and to give the Opponents only the extracted data to nothing else..
    Instead the contracted IT company gave the opponents the whole database system which included all my intellectual property and the data, and gifted them the information to support the opponents case and although the Opponents then withdrew my costs were severely cut due to the Opponents new position
    Who is responsible in law for this unforgivable error, my lawyer or their contracted IT specialist? Who should I be seeking compensation from?
    Tags: None

  • #2
    Hi Planetearthwebs,
    It will be a matter of the facts. I assume the IT specialist was instructed by your solicitor to perform the task. You need to see the letter that instructed the company to see exactly what they were asked to do. If the letter of instruction from your solicitor specifically states what information was to be provided and flagged any info/data that should not be given then the issue would be with the IT company. If your solicitor was not specific about what should and should not be disclosed, then were you or the Court (if applicable) specific about the information to be obtained/disclosed so the solicitor would know to include specifics in the letter of instruction?
    Once you have worked out where the issue lies, it may be necessary to obtain some advice from a specialist in professional negligence just to weigh up the pros and cons before jumping in to a claim.
    I am a qualified solicitor and am happy to try and assist informally, where needed.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

    If in doubt you should always seek professional face to face legal advice.

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