Conveyency solicitors and confidentiality

mistrihelen

I've posted before about my first house purchase running into problems - now I have a bit of a solicitor problem/query.

The solicitor was recommended by a work colleague, which is why we chose them. However the colleague has since mentioned a few times that she's bumped into the solicitor (I didn't realise how good friends they were when we appointed them) and discussed our case.

Of course I then asked the colleague not to talk to the solicitor about it, yet I've just found out they discussed it again last night. Is there such a thing as client confidentiality when it's just a house purchase, or is it more common courtesy and thus there's nothing really to be annoyed about?

It worries me that I have no control over what my colleague is saying to her. And I was stupid enough to vent about my frustrations with my purchase today - my colleague instantly went into defense mode with her friend (which is understandable, I suppose), telling me why I was wrong to be even a little bit irritated, etc, etc. I guess I'm just concerned she'll run back to the solicitor and make things more difficult again.

I don't want to start over again with a new solicitor - I just wanted to know if anyone else had experienced something like this, and if I was right to be annoyed, or just a massive idiot

keith969

Tell your solicitor they have a duty of confidentiality to you and that you're not happy.

http://www.sra.org.uk/solicitors/code-of-conduct/214.article

asharon

Also, letting you solicitor know the friend has told you that they talked about your case should embarass them as no doubt it was meant to be between friends.

bunnydrumming

WOW - that is really unprofessional - I would speak to the solicitor and be very friendly and respectful and say that you were under the impression that his work was confidential and that you did not expect to hear from your mutual friend that he is discussing your private business. I would imaging that the solicitor would be mortified at your call and will apologise and then behave professionally from then. As long as you are friendly and polite then there should be no unprofessional behaviour again

If you do hear again that your rights are being trashed then i'm sure you could speak to someone higher up the chain (and get some money off!!)

Doozergirl

You can ask that someone else at the firm deals with you instead.

mistrihelen

Thanks for the advice, much appreciated

At this stage I'm a bit concerned that asking for someone else will slow things down or cause bad feelings and that it might be better to continue and hope it all goes through. Plus it could make things difficult at work.

I wouldn't be so bothered if it was merely idle 'how's it going' chats, but from the comments the work colleague has made to me today, the solicitor is making it clear to her that I'm not being patient enough (even if so, she should keep that to herself) so I think they're discussing the negative sides of the case too...

If I hear that they have been talking about it again, I'll definitely have to do something. I might try and say that to work colleague, too, if I can get a word in edgeways at any point.

ahfh1

I'm pretty sure that the solicitor is in breach of the Data Protection Act.

The solicitor should not be discussing this kind of information, even with friends.

Richard_Webster

I sometimes have this difficulty when acting for friends and other friends know I am dealing with it. If talking to other fiends I simply do not bring the subject up. If the friends bring it up then I keep it to very vague generalities - "Yes, we should get them moved in the next few weeks..." and then change the subject.

Also, occasionally the people I'm acting for might make some comment about the move in front of me and other friends and then I might say a little more but I would generally be careful not to say anything more than the clients themselves had already said. Sometimes some clarification can be given that doesn't affect the client's personal position, e.g the other side have delayed things.

In OP's case the solicitor shouldn't really have volunteered anything, and if questioned should have simply said that he was acting for the colleague and "You know I can't go into client's affairs - why don't you ask him/her?"

mistrihelen

I know it must be difficult when they are friends - I don't mind the generalities, but it is troubling when I know they are talking about more sensitive aspects as well. It might err on the 'just about general' side, but I know she's told work colleague that I'm not being patient enough and that it's not a 'cut and dry' case. When I mentioned the title problems to work colleague one day she replied: 'Oh yes, A mentioned that!'

We're waiting for the vendor's solicitor to do something at the moment. Once that comes through, I will wait and see how our solicitor reacts. If they're still being ineffective I think we'll have to give up or start over with a new one. I'm eager to avoid paying double the solicitor fees (and to keep the process going), which is why we're still with her at the moment.

*shrug* I suppose everyone moans about work at some point. I just wish I wasn't the work involved!