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Partner's case dropped due to Conflict of Interests
#1
I'll try and keep this short...

I recently separated from my wife (5 months ago). I've since found a new partner, who was going through some legal trouble with her ex. My partner has been represented by a solicitor for over 2 years now, and the case is still unresolved. It turns out, my soon-to-be ex-wife is now being represented by the same firm/solicitor for our divorce and child maintenance issues.

My partner received a letter today stating a conflict of interest, and will be dropping my partner's case. This will negatively impact her case, and her wallet. I should note that she still has an outstanding balance with the firm, and my first thought was to refuse to pay it for reasons of unprofessional conduct, and to recoup the money she'll need to get another solicitor involved.

What should we do? I naturally feel responsible.
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#2
(02-08-2017, 06:02 PM)mortware Wrote: I'll try and keep this short...

I recently separated from my wife (5 months ago). I've since found a new partner, who was going through some legal trouble with her ex. My partner has been represented by a solicitor for over 2 years now, and the case is still unresolved. It turns out, my soon-to-be ex-wife is now being represented by the same firm/solicitor for our divorce and child maintenance issues.

My partner received a letter today stating a conflict of interest, and will be dropping my partner's case. This will negatively impact her case, and her wallet. I should note that she still has an outstanding balance with the firm, and my first thought was to refuse to pay it for reasons of unprofessional conduct, and to recoup the money she'll need to get another solicitor involved.

What should we do? I naturally feel responsible.

Surely if your new partner was being represented already ( 2 years ). The solicitors firm would have to say its a conflict of interest to deal with your case which is the newer one.
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#3
(02-08-2017, 06:36 PM)warwickshire1 Wrote:
(02-08-2017, 06:02 PM)mortware Wrote: I'll try and keep this short...

I recently separated from my wife (5 months ago). I've since found a new partner, who was going through some legal trouble with her ex. My partner has been represented by a solicitor for over 2 years now, and the case is still unresolved. It turns out, my soon-to-be ex-wife is now being represented by the same firm/solicitor for our divorce and child maintenance issues.

My partner received a letter today stating a conflict of interest, and will be dropping my partner's case. This will negatively impact her case, and her wallet. I should note that she still has an outstanding balance with the firm, and my first thought was to refuse to pay it for reasons of unprofessional conduct, and to recoup the money she'll need to get another solicitor involved.

What should we do? I naturally feel responsible.

Surely if your new partner was being represented already ( 2 years ). The solicitors firm would have to say its a conflict of interest to deal with your case which is the newer one.

That was my thought, but I think they're dropping it, as my wife's case is potentially more lucrative - just unprofessional.
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#4
(02-08-2017, 06:02 PM)mortware Wrote: I'll try and keep this short...

I recently separated from my wife (5 months ago). I've since found a new partner, who was going through some legal trouble with her ex. My partner has been represented by a solicitor for over 2 years now, and the case is still unresolved. It turns out, my soon-to-be ex-wife is now being represented by the same firm/solicitor for our divorce and child maintenance issues.

My partner received a letter today stating a conflict of interest, and will be dropping my partner's case. This will negatively impact her case, and her wallet. I should note that she still has an outstanding balance with the firm, and my first thought was to refuse to pay it for reasons of unprofessional conduct, and to recoup the money she'll need to get another solicitor involved.

What should we do? I naturally feel responsible.

You need to write to the Complaints Partner at the firm.

At time of taking instruction from your ex, she should of provided them with the names and address of everyone involved in the case, and what would of happened is the would of had to refuse to take instruction from her, as your partner was an existing client.

You will be able to take it higher, but you have to go through a process with the partner in charge of client complaints first.

(02-08-2017, 10:36 PM)MarkR Wrote:
(02-08-2017, 06:02 PM)mortware Wrote: I'll try and keep this short...

I recently separated from my wife (5 months ago). I've since found a new partner, who was going through some legal trouble with her ex. My partner has been represented by a solicitor for over 2 years now, and the case is still unresolved. It turns out, my soon-to-be ex-wife is now being represented by the same firm/solicitor for our divorce and child maintenance issues.

My partner received a letter today stating a conflict of interest, and will be dropping my partner's case. This will negatively impact her case, and her wallet. I should note that she still has an outstanding balance with the firm, and my first thought was to refuse to pay it for reasons of unprofessional conduct, and to recoup the money she'll need to get another solicitor involved.

What should we do? I naturally feel responsible.

You need to write to the Complaints Partner at the firm.

At time of taking instruction from your ex, she should of provided them with the names and address of everyone involved in the case, and what would of happened is the would of had to refuse to take instruction from her, as your partner was an existing client.

You will be able to take it higher, but you have to go through a process with the partner in charge of client complaints first.

I have just check something out, and you can object to that firm acting for your ex, as they have obtained privileged information by acting for your current partner at the same time.

If there has already been a court hearing, write the the Judge and explain this has just come to light. If there has not been, inform the Judge at the start that you want to object to that firm acting in court, as they have acted for your current partner for the last 2 years.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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#5
It turns out that my wife's solicitor has decided to drop both her and my partner. There is a clear conflict of interests here. The only bad thing to come of it, is it may delay my divorce.
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#6
(02-10-2017, 04:10 PM)mortware Wrote: It turns out that my wife's solicitor has decided to drop both her and my partner. There is a clear conflict of interests here. The only bad thing to come of it, is it may delay my divorce.

I have been looking into this issue a bit more since yesterday.

You need to write the the Complaints Partner about this, asking for it to be put in writing the reason why they are no longer acting for you.

You might have a Civil case against them, as your going to be out of pocket now as your new Solicitor will have to read everything so far, at a cost by the hour.

At the time of taking on your ex as a client, they should of checked for conflict, and to be clear on this, even if your current partners case was not live, if they had acted for her even if 10 or more years back, under the regulations, they should never of took your ex on as a client.

What is going to be important here is when did you find out they was acting for your ex.

While they might put some of the blame on your ex if she failed to inform them of your current partners name, it would also of been up to you to inform them soon as they sent a Notice of Acting. If your current partner had not informed them of her change of address, it might also of contributed to it happening, as part of conflict checking would be to check the address as well as names.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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