Solicitors using a letter written for me as example advice please

Kirsty0x

Hello

Sorry I don't know if I am posting this in the right place!

In the last year I have had issues with my daughters name and have been using a solicitors to try and get! her name changed to mine.

My husbands friends have also been going through this and using the same solicitors.

My issue is, the solicitors have showed him an 'example letter', however this letter is the letter than was written for me, to my daughters dad and has all my personal details on, my daughters details etc.

Is this right? I'm going to complain because I don't want everyone knowing my business!! But don't know what to say etc. I'm not happy about it at all and surely this is a breach of data protection??

Any advice?

Thanks

steampowered

This is a clear breach of both data protection rules and (more importantly) the client confidentiality rules which apply to solicitors.

However I imagine it is a careless mistake made by a junior solicitor or paralegal.

I would complain and draw it to the firm's attention as the person responsible needs to be warned, but don't expect compensation or anything like that.

bryanb

steampowered wrote: »

but don't expect compensation or anything like that.

Why not?...

DoaM

If a breach of the DPA is shown to cause distress then "compensation" can be claimed through the small claims court. Recent cases have shown payments of £750 and £250 have been awarded. (See the Parking forum).

SouthUKMan

To quote the law Society: "All solicitors have a procedure for handling complaints. If you've complained to your solicitor and you aren't satisfied with their response, you should contact the Legal Ombudsman on 0300 555 0333, who can help to resolve your complaint for you."

More info here: http://www.lawsociety.org.uk/for-the-public/using-a-solicitor/complaints/

steampowered

bryanb wrote: »

Why not?...

Because the Op hasn't suffered any loss and the Op doesn't sound particularly distressed. I'd probably just expect an apology.

hollydays

steampowered wrote: »

Because the Op hasn't suffered any loss and the Op doesn't sound particularly distressed. I'd probably just expect an apology.

But if the op had said they were distressed they would have been torn to shreds.

robatwork

If what you have said is exactly correct (for example, the friend of your husband didn't discuss your case with the solicitor previously saying you are a family friend etc - that may lessen the seriousness) then it's pretty shoddy and you should complain and expect some compensation

http://www.sra.org.uk/consumers/problems/report-solicitor.page#how-complain

Complain in writing to the senior partner (look up who that is online or call and ask)

Something is a little odd here though - is your husband's friend using the same solicitor completely by chance? How come if you are in a battle with your husband about the name they told you? Or is it not a problem with your husband?

Fosterdog

robatwork wrote: »

Something is a little odd here though - is your husband's friend using the same solicitor completely by chance? How come if you are in a battle with your husband about the name they told you? Or is it not a problem with your husband?

I don't think the husband is the child's father from the sounds of it, OP is in a battle with her ex (the child's father) to get the child's name changed.

Mojisola

robatwork wrote: »

If what you have said is exactly correct (for example, the friend of your husband didn't discuss your case with the solicitor previously saying you are a family friend etc - that may lessen the seriousness) then it's pretty shoddy and you should complain and expect some compensation

I don't think it would lessen the seriousness at all.

If the OP had given permission for her details to be shown to other people, that would be different but no solicitor should show one person's details to another because they said they were a family friend!