PDA

View Full Version : Legal help?????..........


geordiedevil
02-09-2005, 07:29 PM
Can anyone advice if a company of solicitors can take on "opposing" sides of a "situation"?

(even if one side has taken to using another firm)

jonnyf...p
02-09-2005, 07:32 PM
Can anyone advice if a company of solicitors can take on "opposing" sides of a "situation"?

(even if one side has taken to using another firm)

Do you mean one company but with 2 clients on the same case?

excalibur
02-09-2005, 07:32 PM
can you ellaborate a little?

have done a bit of law but that info is a little vague

Sir Ewok
02-09-2005, 07:33 PM
Would be difficult for ame solicitor to represent both sides as there would be a conflict of intrests. However two solicitors from the same practice could concievably do it. If the third party has now gone to a different firm, then there is no longer a conflict (or possibility of) of intrest.....

geordiedevil
02-09-2005, 07:51 PM
Do you mean one company but with 2 clients on the same case?

basically yes.................... :(

rommel
02-09-2005, 09:22 PM
I had a situation once where I had to take legal advice against a nonpaying customer and I went to several solicitors to see who would best represent me and it seemed the customer followed on behind and was told by each that they could not represent him as I had already been to see them.............realy peeved him off. Never got the money from him, he left the country owing me six grand but we still had his boat so sold it and made the money that way cost me a fortune though :eek:

BikerGran
03-09-2005, 10:20 AM
I don't think it would be illegal for one firm to take on two clients on opposite sides - but it would be very much against the solicitors code of conduct or whatever you call it.

I came up against this when I was getting a divorce, not that the firm was representing my soon-to-be-ex, just that one of the partners knew him personally.

Born2bVile
03-09-2005, 10:50 AM
It would depend on the 'situation', and how much of a conflict of interest there is.

If both parties are in agreement and something just needs rubber-stamping with legal jargon etc, there is no problems with both using the same firm. The problems arise where there is disagreement.

The more the disagreement, the less likely one firm can act for both parties.

Cheers,

Byrnie.

Voddiemonster
03-09-2005, 03:29 PM
As an ex paralegal it sounds like a conflict of interest and therefore they would not be able to continue doing the case but you havent made it very clear so i cant really give any other advice..........conflicts of interest can throw matters outta court so if it is they are being very stupid. It is clear in law that solicitors can not take on cases where there is a clear conflict of interest i.e. same firm defending both clients on a divorce etc.

geordiedevil
03-09-2005, 03:52 PM
Thanks everyone!

I now have a new (better) solicitor, but am sure the same firm took on the "other party" while I was still with them, especially after reading the letter I recieved today!!!!!!!!!!!

The good thing is, I got rid because the firm really was naff, so the other party have got a naff solicitor!!!!!!!! (and case.........after my solicitor has pulled it apart!!!!!) :D

Can't go into detail on here, but thanks to all, and especially the PM's.

:)

Doro
04-09-2005, 11:50 AM
seems like GD is sorted so guess I can hijack her thread now x x

anyone know where we can get very good legal advice about getting a lot of money back from a rogue trader? We been to trading standards and chose to pursue the debt with a debt collection agency - now we're havng trouble with them too..!!!!!

the debt is too large for small claims....

can anyone recommend anything?

if we drop the debt collectors and do it ourselves we lose the 700 we've paid them so that's not a good option

grrrrrrrr just get me in that effing court grrrrrrrr :mad:

Keef
04-09-2005, 12:00 PM
I reckon you need a Transit packed with big hairy bikers with baseball/cricket bats and lengths of chain :D

Fran
04-09-2005, 12:04 PM
I reckon you need a Transit packed with big hairy bikers with baseball/cricket bats and lengths of chain :D
That's what's known as a persuaeding argument!

Shaun the Fatman
04-09-2005, 12:08 PM
seems like GD is sorted so guess I can hijack her thread now x x
anyone know where we can get very good legal advice about getting a lot of money back from a rogue trader? We been to trading standards and chose to pursue the debt with a debt collection agency - now we're havng trouble with them too..!!!!!
the debt is too large for small claims....
can anyone recommend anything?
if we drop the debt collectors and do it ourselves we lose the 700 we've paid them so that's not a good option

grrrrrrrr just get me in that effing court grrrrrrrr :mad:
mmmm the small claims procedure has a limit on claims up to 5K. But larger amounts than that can be processed up to 99,999, and you can do it online these days. This is for things like a fixed claim, like an unpaid invoice where you can say exactly what they owe you.

Have a look at https://www.moneyclaim.gov.uk/csmco/index.jsp and see if that's helpful. There's a customer service helpdesk if you get stuck.

(Don't ask me on the technical side cos my knowledge is probably well out of date. I aint worked the front desk of a Court for years, and that was at the Supreme Court anyway)

Shaun Salter
Department for Constitutional Affairs
(really, that's who I work for...)

Doro
07-09-2005, 08:25 AM
hey shaun thanks for that - so do you know much about this stuff? cos if you do I might have to bend yer earhole........ :)

Shaun the Fatman
07-09-2005, 10:41 AM
Like I said, things have changed a lot since I worked the desk at the Royal Courts of Justice. ("No sir, you can't sue the Queen... I don't care if you ARE decended from Neil Gwynne..").

For the last few years I been in Financial Admin, not dealing with the actual courts, but I can probably point you in the right direction if you have any questions. I would advise going to the CABS (Citizen's Advice Bureaux) as they are excellent and staffed by real solicitors with degrees and sh!t.

Abb
07-09-2005, 11:40 AM
basically yes.................... :(

No then. It is a conflict of interest and the practise in question would have to stop representing both parties involved - unless one party was a client before the other party.

tease
07-09-2005, 03:07 PM
I had a situation once where I had to take legal advice against a nonpaying customer and I went to several solicitors to see who would best represent me and it seemed the customer followed on behind and was told by each that they could not represent him as I had already been to see them.............realy peeved him off. Never got the money from him, he left the country owing me six grand but we still had his boat so sold it and made the money that way cost me a fortune though :eek:
I'm not fully up on uk law, but I know alot closely resembles us law, and on this point I believe it is the same.
As Rommel stated, if one side so much as goes to see a solicitor in a firm, that solicitor cannot represent the opposing party due to conflict of interest, they would have inside information that they normally may not have and therefore bring it to an unjustified close.
I have known people getting a divorce and go to any decent divorce lawyer just to dirty them so their spouse couldnt use them. Dirty? Yep, but then again, what isnt when it pertains to law?