# Solicitors secretary told my neighbour about my confidential court case



## shootingstar (13 Jul 2011)

Hi all
I recently settled a personal injury case out of court. I had to sign a confidentiality clause starting both sides would remain quiet. 

So I drop my neighbour home last nite who was able to tell me about my case. When I asked how he knew he said he's friends with the secretary!!! 

I'm far from happy. How do I approach this with the solicitor?


----------



## Complainer (13 Jul 2011)

Just be straight - tell him you don't want the lady fired, but you do expect a serious reprimand and an apology directly (face to face) from her.


----------



## z107 (13 Jul 2011)

I would want the secretary fired.
They are not suitable for the position if they are broadcasting confidential information.


----------



## csirl (13 Jul 2011)

I think it depends on what information the neighbour has. Has your case had any appearances in court, even for preliminary issues? If so, then a lot of the background information and details of you claim and the other sides defence may have been read out in public - remember the courts are open to the public. The fact that the case has been settled (as opposed to the details of the settlement) would also be a matter of public record and may even be published on the Courts Service website (High Court Search section).

If it is detailed information about the settlement terms - for which the confidentiality clause was signed, then yes, you have a legitimate grevience and should raise it.


----------



## monagt (13 Jul 2011)

The Secretary should be fired and the Solicitor should compensate you. This is important for yourself and to protect others in the future, you must proceed.


----------



## onq (13 Jul 2011)

Hi shootingstar,

First, can I respectfully advise you to tread very warily.

You are bound by the same confidentiality clause, so i_f you discussed it_ with your neighbour you may have also broken the agreement.
You are also discussing it here and some confidentiality agreement  clauses are so strictly worded that even referring to the case  anonymously may be a breach.
Involving AAM in discussing such an agreement in any detail could expose this website to legal action, so its best if all of this were treated extremely carefully in this thread.

========================

 I totally agree with other posters that this incident should be  reported, but don't be too quick to demand resignations.
In general, it may not be appropriate to demand that an employer fires an employee - that cuts across all kinds of boundaries.
Its the employer's job to discipline his staff, one of whom has   apparently compromised a non-disclosure agreement, a serious  matter.
What you _should_ do is report this matter to your solicitor and request confirmation of what steps he is going to take to address the matter.

========================

+1 what csirl has posted, but there are other matters for consideration.

Based on what you've posted above, the secretary may have compromised professional privilege.
This could depend on what additional information over and above what is in the public domain was discussed [see below]

If so, this could amount to a very serious matter for your solicitor, since it goes to the heart of confidentiality in legal matters.
Your solicitor may come before the Incorporated Law  Society as  this could be seen as undermining the standards of the  profession
In an extreme case, i.e. if other incidents have been reported, the solicitor himself could be suspended or removed from the Register.

My experience of non-disclosure agreements  is that they are legally  binding on both parties and their agents, representatives, employees  etc.
Your solicitor himself may be liable for a claim from you since it  was  one of his servants who committed the offense and the breach may  affect  you.
You may need to take legal advice from a second solicitor, since   otherwise any advice you get will not be impartial and may be   compromised for that reason.

========================

Check that the secretary spoke about this to your neighbour _after_ the non-disclosure agreement was signed.
Get confirmation that what was discussed was information that comes under the terms of the confidentiality agreement.
A confidentiality agreement may prevent ANY issues being discussed by the persons bound by it - including matters previously in the public domain.
 This may affect your goodself since it may amount to a breach of a legal agreement by your solicitor's  office and attract a penalty for which you may be liable.

========================

It may be  best if this was handled quietly, but a dismissal may do the opposite and may attract further legal liability towards you.
If the secretary is dismissed and she takes an action for  unfair  dismissal, this may publicize the event so much that the other   party may be alerted and they may sue for breach of the agreement.
 Again, you may need to take independent legal advice, since your name may come up in relation to the case as you would have reported the matter to her employer and there is a straight line leading back to you.

 ========================

Finally be prepared for the flak that may ensue from your neighbour if your  reporting of this matter results in the secretary's dismissal.

I hope the above is of some use in your deliberations.

ONQ.

      All advice on AAM is remote from the situation and cannot be          relied                        upon                                                                                                                  as   a                  defence       or                support   -             in               and        of                    itself    -                                 should                            legal                               action                be                                taken.
      Competent legal professionals should be asked to                     advise        in                                                                                                                         Real           Life          with               rights      to                       inspect            and                    issue                              reports             on                the                                            matters           at                               hand.


----------



## shootingstar (13 Jul 2011)

I dont want anyone fired TBH... Im a real easy nice person behind it all. I just dont want my neighbours knowing my business.

The case was settled out of court. 

Yes, the secretary is actually the girfriend of the person who told me, which i also only found out last night. He didnt mention too much only that I had a case going on & proceeded to inform me briefly what it was about. He did ask me questions about which which I told him I was way to knackered to chat about it at 3am in the morning... (basically I brushed him off nicely)...

There has been some good advise in this thread, thanks...

Ill certainly write to my solicitor today voicing my concerns & I may just throw in that he can bloody well discount my bill too.... !


----------



## TreeTiger (13 Jul 2011)

shootingstar said:


> Ill certainly write to my solicitor today voicing my concerns & I may just throw in that he can bloody well discount my bill too.... !


Be aware that the secretary may open his post!


----------



## STEINER (13 Jul 2011)

TreeTiger said:


> Be aware that the secretary may open his post!


 
nice one!


----------



## onq (13 Jul 2011)

TreeTiger said:


> Be aware that the secretary may open his post!



That's treading warily!



ONQ.


----------



## Ham Slicer (13 Jul 2011)

A friend of mine previously worked in a solicitors office up in Tallaght and apparently the office manager used to discuss all cases, murders, rapes, separation etc. with the cleaner during smoke breaks.

Like yourself I'm very easy going so if it was me I would just have a word with the neighbour and leave it at that.


----------



## mf1 (13 Jul 2011)

"Yes, the secretary is actually the girfriend of the person who told me"

How stupid are people! 

A. She told him - wrong to do so - breach of client confidentiality. 
B. He told you - has he absolutely no cop-on at all! 

OP should notify the solicitor - who should have words with the secretary. And there should be a letter of apology. Someone mentioned compensation - I don't  get the impression that OP wants the secretary's wages docked or that a lump sum would take away the hurt and pain of the next door neighbour knowing her business!

It's not a hanging offence when all is said and done.

mf


----------



## elcato (13 Jul 2011)

> How stupid are people!
> 
> A. She told him - wrong to do so - breach of client confidentiality.
> B. He told you - has he absolutely no cop-on at all!


Absolutely. They deserve each other.


----------



## Vanilla (13 Jul 2011)

That is absolutely shocking. 

If it were my secretary I would hope that my client would come in personally to tell me about this. I would be appalled. You deserve a very sincere apology.

I would urge you to make an appointment to see your solicitor to tell her/him. 

This secretary should know the first rule of a solicitors office is absolute confidentiality- and this is whether or not a confidentiality agreement is involved. If she cannot abide by this rule, law is not the career for her.


----------



## onq (13 Jul 2011)

elcato said:


> Absolutely. They deserve each other.



At least their neighbours won't be wondering how they're getting along in their relationship - they'll know, from two sources...

ONQ.


----------



## shootingstar (14 Jul 2011)

The neighbour was drunk telling me... I dropped a few of them home the other night... 

Ive prepared a letter for my solicitor which i will hand deliver to him myself tomorrow.... basically stating im not a happy camper & certainly wont be using their services again if I cannot be guaranteed that my business remains my business... If shes talking about my case then she most certainly is talking about other cases! 

Ill keep ye posted.. Thanks for all the advise.


----------



## Neg Covenant (18 Jul 2011)

Your solicitor will definitely want to know about this.

I would say the secretary will certainly be fired.   She probably is telling her boyfriend about other cases so I would feel no guilt about it.


----------



## Darthvadar (18 Jul 2011)

The first thing that crossed my mind here is the confidentiality agreement you signed with the other side in this case.

In your situation, I'd be sending a copy of that letter to your solicitor to the other side's solicitor, too. 

If the opposition were to get wind of the settlement being discussed (as you did), you don't want them thinking it's you blabbing your mouth off, and accuse you of breaking the agreement.

Just a thought.

Darth.


----------



## Neg Covenant (18 Jul 2011)

Not a great thought Darth - the other side could possibly say that the OP is responsible for the actions of his solicitor (+his secretary) as the OP's servant/agent.   He should tell the solr and leave it up to him what course to take in the OP's best interest.   If he makes a balls of it then the OP can take it up with him.   As things stand the OP is not likely to suffer loss.


----------



## Darthvadar (18 Jul 2011)

Neg Covenant said:


> Not a great thought Darth - the other side could possibly say that the OP is responsible for the actions of his solicitor (+his secretary) as the OP's servant/agent. He should tell the solr and leave it up to him what course to take in the OP's best interest. If he makes a balls of it then the OP can take it up with him. As things stand the OP is not likely to suffer loss.


 
But as it is, the other side, if they get wind of this, may very well think it's the client blabbing. Surely, the client's wise to cover their own back by making clear that the 'professionals' were the culprit, not the OP. 

If my solicitor's sec. did that in a case of mine, I certainly wouldn't trust the same firm of solicitors to act in my interests in any future dispute with the other side.

Can the Law Society help in situations like this?.

Darth.


----------



## johnandy (25 Jul 2011)

umop3p!sdn said:


> I would want the secretary fired.
> They are not suitable for the position if they are broadcasting confidential information.




I agree with you, the secretary should keep her professional and personal life separate. She should get fired so that this can not happen with any other in future. If the person can not be loyal with his job, he is not at all suitable to it.


----------



## shootingstar (28 Jul 2011)

UPDATE: 

Letter went in via email, I clearly stated everything that was said to me. I asked for a response to my letter.... this is what I got: 

I investigate your allegations in relation to my sectretary's misconduct blah blah blah & in all the years (he states how many) I can honestly say my secretary is telling the truth when she states she did not speak to anyone regarding your case!!!!!!!!! 

Can ye believe that!?? 

I wrote back saying basically im now being called a liar as is the person who told me. Stated I was FAR from impressed with the whole situation & that all the family & friends I recommended his services to, I will now have to retract same.  I also told him no further correspondence was welcome & that i would never use their services again. I also mentioned that anyone who cares to listen to me will also be advised to give (comany name) a wide berth! 

We live & learn! I walked away from it all... too much of a headache for me


----------



## Time (28 Jul 2011)

Complaint to the law society is the only way to deal with this.


----------



## truthseeker (28 Jul 2011)

Thats terrible Shootingstar - I agree with Time - complain to the Law Society.

I cant believe that they thought that was an appropriate response to such a complaint.


----------



## PaddyBloggit (28 Jul 2011)

Official complaint time me thinks .... I agree with the last two posters.

The correspondence you received was appalling.


----------



## Complainer (28 Jul 2011)

I'm guessing that (somewhat like the institutions of the Catholic Church), the solicitor felt they had no option other than to deny it. I'm not condoning this behaviour at all - just explaining it. Official complaint to the Law Society is the way to go.


----------



## T McGibney (28 Jul 2011)

If the matter has been properly investigated, and there is no evidence of wrongdoing on the part of the secretary, perhaps the solicitor is powerless to do anything except to report accordingly to the OP, as they have done? 

I presume the Law Society have guidelines for their members in how complaints should be handled and processed? If such guidelines were followed in this case, the Law Society should have no further interest in the case.


----------



## Complainer (28 Jul 2011)

T McGibney said:


> If the matter has been properly investigated, and there is no evidence of wrongdoing on the part of the secretary, perhaps the solicitor is powerless to do anything except to report accordingly to the OP, as they have done?


The response didn't say that there was no evidence. It said that "my secretary is telling the truth when she states she did not speak to anyone regarding your case".


----------



## T McGibney (28 Jul 2011)

The content of the letter was paraphrased above, not quoted verbatim so without seeing the letter its impossible to tell. Notwithstanding this, my comment stands.


----------



## onq (28 Jul 2011)

shootingstar said:


> We live & learn! I walked away from it all... too much of a headache for me



Quelle surprise.

The secretary denied it to cover herself and keep her job.
It must have been a serious complaint against her job description so.

Don't think this ends there, though, because I doubt this is the first time it occurred.
This begs the question as to what relationship of trust or otherwise exists between solicitor and secretary.

You can take this to the Incorporated Law Society, but if your friend isn't going to testify truthfully about his girlfriend, its your word against hers.
You could take the matter public, finding out if his other clients have had similar experiences, but you could be unlucky and draw a chancer to yourself who just wants to annoy the solicitor. 

OTOH some people find http://www.rate-your-solicitor.com/ is a great (and free) relief.
I enjoy reading it from time to time.

Hope this helps.

ONQ.


----------



## DB74 (28 Jul 2011)

onq said:


> OTOH some people find http://www.rate-your-solicitor.com/ is a great (and free) relief.



Alas nothing is truly free!

http://www.breakingnews.ie/archives...ver-rateyoursolicitorcom-comments-513866.html


----------



## shootingstar (28 Jul 2011)

onq said:


> OTOH some people find http://www.rate-your-solicitor.com/ is a great (and free) relief.
> 
> ONQ.



This site is good. Watch this space! Ha! Every dog has its day


----------



## johnandy (5 Aug 2011)

Hi

What I think is it is not always true that who is bad for others will also be bad for you. just blindly believing on the rating given by the people whom you do not know and the actual situation, you should not make the decision. Make a review from there also and try to meet the clients who have personally dealt with those Solicitors and get the actual feedback.


----------



## Bronte (5 Aug 2011)

The solicitor has not done anything wrong.  He has asked a long standing member of staff what is the truth, she said she had not spoken about your case so what is he to do.  

But I wouldn't worry about it, she will probably never do it again and the solicitor is now on notice and if he ever hears a whisper that she has discussed a confidential matter he will probably have to fire her.  That's not an easy thing to do and he has to follow procedures etc.  

BTW if this was one of the big firms and it was say Sean Dunne/Dermot Desmond etc, I'd say she'd have been fired on the spot.  But everyone makes mistakes so hopefully she's learnt from this.


----------



## onq (7 Aug 2011)

DB74 said:


> Alas nothing is truly free!
> 
> http://www.breakingnews.ie/archives...ver-rateyoursolicitorcom-comments-513866.html


_

"The connection has timed out

The server at www.breakingnews.ie is taking too long to respond."_


Here are some other references

[broken link removed]

And the source

[broken link removed]

And a nice piccie to go with that

[broken link removed]

I have no knowledge of, not affiliation to, any of the parties.


ONQ


----------

