Solicitor Breaching Confidentiality

kwt

Hello,

I have had to make a complaint to a Solicitor acting as a Deputy for my mother. This complaint involves questions about my brothers use of my mum's money.

He has refused to let me use the complaints procedure as I am not his client; my mum is. She is 87 has dementia and has no capacity to complain herself. In the course of the complaint the solicitor has forwarded some of my e-mails to my brother which contains questions about his conduct. They were of course not intended for him to see.

They are saying that I am not the client and they do not, therefore, have a confidential relationship with me.

Can anyone let me know if I can take any action against them? I already have the Office of the Public Guardian investigating my concerns. I am going to write to the Legal Ombudsman but I'm not sure if they will investigate as I'm not the client.

I need sone help please if anyone can give any advice I'd be very grateful.:mad::mad:

bris

The solicitor is correct, you will need to get power of attorney to act on your mothers behalf. This is a legal document that allows you to make decisions and deal direct with the solicitor on your mothers behalf.
You will need a solicitor of your own to help with the power of attorney, and advice on where to go from here.

Annisele

The Legal Ombudsman's rules are here. You're right - they only deal with complaints from clients (rule 2.8).

I can see why the solicitor forwarded your emails to your brother. The solicitor is acting for either your brother, or for your brother on your mother's behalf - and so the solicitor's duty is to your brother, not to you. If you didn't want your brother to see your emails, then you shouldn't really have sent them to your brother's representative.

I know that's not what you want to hear, but I think that trying to pursue the solicitor will be stressful and ultimately fruitless.

kwt

Hello
Thanks for the replies.

Just to clarify that my brother's Power of Attorney was revoked before I wrote these e-mails. He is not and never has been their client. However they have still forwarded him my e-mails but refuse to send me copies of his. It is a very complicated case and all I know is that all of my mum's cash savings have gone and yet seemingly there are no receipts. Yet, no-one seems able to take any action.

I have spoken to the Legal Ombudsman and because mum doesn't have the capacity to complain myself they are willing to investigate so I will try.

I will pursue this until I get some answers.

geordieracer

If i were you i would see a proper solicitor about this. I think there are some knocking about on another board on here but please go get proper legal advice

kwt

Thanks. The Office of the Public Guardian are also investigating so I am trying all avenues. I have also spoken to a solcitor who is an expert on financial abuse but I need to gather some evidence. The problem is getting to see bank statements etc.

The solicitor says thay have done nothing wrong but I feel they have badly let my mum down. It was just annoying that they forwarded my e-mails to my brother without my permission and seem to think they have not breached any confidentiality rules. It just does not seem right.