Conflict of Interest?
Discussion
Just wanted to ask if this is a conflict of interest.
I have an ongoing personal injury claim with my solicitor going on nearly 7 years. He knows all about me including my old address I used to live before moving out, I still have part ownership of the property and the deeds with my name on them are held with the same solicitor.
Now here's were it gets interesting. My sister who lives at the address has been tortured by a nutcase that lives next door and has been for over a decade. He is a mentally ill man of advancing years who claims my sister is whispering, not talking, whispering threats through. a 4ft solid wall at 1am, 2am 3am etc. Naturally my sister is terrified and the police have had to be called 6 times in the last 8 months because he appears at the door on Ring doorbell having an apparent episode. For some reason the police have decided that he's not dangerous enough to deal with and have effectively washed their hands of him despite turning up and telling him that you cannot here whispering through a 4ft wall, especially when nobody is in the other house. That's right he claims she's doing it when she's away on holiday.
Anyway basically he has gone to the same solicitor that is representing my personal injury claim and instructed him to send a letter of intention to take my sister to court for 5000 pounds claiming anxiety and stress. That's considering him appearing at the door multiple times, phoning the police ten times a month and climbing under my sisters car to 'clean up cat sick'. All this is on ring door bell.
so my question is can he represent someone who is terrorising my sister while supposed to be representing my interests.
I have an ongoing personal injury claim with my solicitor going on nearly 7 years. He knows all about me including my old address I used to live before moving out, I still have part ownership of the property and the deeds with my name on them are held with the same solicitor.
Now here's were it gets interesting. My sister who lives at the address has been tortured by a nutcase that lives next door and has been for over a decade. He is a mentally ill man of advancing years who claims my sister is whispering, not talking, whispering threats through. a 4ft solid wall at 1am, 2am 3am etc. Naturally my sister is terrified and the police have had to be called 6 times in the last 8 months because he appears at the door on Ring doorbell having an apparent episode. For some reason the police have decided that he's not dangerous enough to deal with and have effectively washed their hands of him despite turning up and telling him that you cannot here whispering through a 4ft wall, especially when nobody is in the other house. That's right he claims she's doing it when she's away on holiday.
Anyway basically he has gone to the same solicitor that is representing my personal injury claim and instructed him to send a letter of intention to take my sister to court for 5000 pounds claiming anxiety and stress. That's considering him appearing at the door multiple times, phoning the police ten times a month and climbing under my sisters car to 'clean up cat sick'. All this is on ring door bell.
so my question is can he represent someone who is terrorising my sister while supposed to be representing my interests.
It would only be a conflict of interest if you were claiming against him for your personal injury through the same Solicitor and the solicitor had then agreed to take him on as a client.
The fact he has gone to him against your sister living at the same address for a completely different matter is just a coincidence.
The fact he has gone to him against your sister living at the same address for a completely different matter is just a coincidence.
With the details you've written it's probably not a conflict under the SRA code of conduct but there are several ways there could become a conflict depending on how this pans out so it's best to speak with the solicitor first. For example if the solicitor gained confidential information from you which benefited the neighbour or if your ownership and legal interest in the property become directly relevant to the neighbour's claim then there would be a conflict.
As an aside, you need to see the police as a sticking plaster in this situation not the solution. Their involvement will be limited to immediate risk and if there isn't any then there's nothing they can do and neither should they. It sounds like the guy is having mental health issues and as annoying as that is for you, it's not deserving of being criminalised for it. It may be worth trying to find out who his social worker is and going from that direction or ensure that the police are held to account in informing the relevant services under the 'right care right person' policy if you need to call them again if he turns up.
As an aside, you need to see the police as a sticking plaster in this situation not the solution. Their involvement will be limited to immediate risk and if there isn't any then there's nothing they can do and neither should they. It sounds like the guy is having mental health issues and as annoying as that is for you, it's not deserving of being criminalised for it. It may be worth trying to find out who his social worker is and going from that direction or ensure that the police are held to account in informing the relevant services under the 'right care right person' policy if you need to call them again if he turns up.
albrighton said:
With the details you've written it's probably not a conflict under the SRA code of conduct but there are several ways there could become a conflict depending on how this pans out so it's best to speak with the solicitor first. For example if the solicitor gained confidential information from you which benefited the neighbour or if your ownership and legal interest in the property become directly relevant to the neighbour's claim then there would be a conflict.
How so? I would've thought the OPs contract with the solicitor is a completely separate issue and unrelated to the property or the neighbour (presumably). So the solicitor is currently not working for the OP to defend his interests in the property or it's resident.xx99xx said:
albrighton said:
With the details you've written it's probably not a conflict under the SRA code of conduct but there are several ways there could become a conflict depending on how this pans out so it's best to speak with the solicitor first. For example if the solicitor gained confidential information from you which benefited the neighbour or if your ownership and legal interest in the property become directly relevant to the neighbour's claim then there would be a conflict.
How so? I would've thought the OPs contract with the solicitor is a completely separate issue and unrelated to the property or the neighbour (presumably). So the solicitor is currently not working for the OP to defend his interests in the property or it's resident.Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff