Solicitor has breached confidentiality. What can I do?

[anonuk]

Following on from previous posts, I have, today, received a letter from a solicitor regarding the details of a claim being made against me for selling counterfeit products (unknowingly).

The letter states that the letter has also been sent via email to two different email addresses. One of which belongs to our company which is fine but the other has a spelling mistake and therefore belongs to a completely unrelated company. I sent an anonymous email to the email the solicitors sent this letter to, to check whether it was a working email address and I did indeed get a response.

Now, the letter sent to this email address includes full details of the claim being made against us, in addition to an undertaking agreement which itself says it MUST remain confidential, however, this is no longer possible as the solicitors have sent it to someone else.

I am not this solicitors client so I'm not sure whether I have any redress against the action they have taken, however, I would really appreciate any thoughts.

 

[ethical PR]

I'd speak to the solicitors dealing with your case as they will be best placed to advise.

 

[anonuk]

At the moment I don't have a solicitor as I only got this letter when I got home from work.

 

[Newchodge]

I would speak to the information commissioner's office, as this sounds like a data protection issue. Is the claim against you personally, or is it against a limited company?

 

[anonuk]

I would speak to the information commissioner's office, as this sounds like a data protection issue. Is the claim against you personally, or is it against a limited company?

Thanks - the claim is being made against a limited company (however, the letter addresses limited company c/o myself) and a copy was sent to my home address.

 

[FirstClassVirtualOffice]

Is it possible the person typing the letter made a typo and that the actual email went to the correct email address? Or do you also own that other email account too and can vouch it wasn't received there?

 

[anonuk]

Is it possible the person typing the letter made a typo and that the actual email went to the correct email address? Or do you also own that other email account too and can vouch it wasn't received there?

Thanks - I did think that but the email that did come through was cc'd to the incorrect email address so I have 'proof' that it went to the wrong email address.

 

[ethical PR]

At the moment I don't have a solicitor as I only got this letter when I got home from work.

Ok my confusion in one of your earlier posts about the issues you faced, you had said you were seeking legal advice and because of the amounts involved and complexity of the issue I had thought by now you would have a solicitor on board.

 

[anonuk]

Ok my confusion in one of your earlier posts about the issues you faced, you had said you were seeking legal advice and because of the amounts involved and complexity of the issue I had thought by now you would have a solicitor on board.

The problem is, from reading about previous cases of a similar nature, I know there's zero chance of winning a case if I chose to fight them, especially considering our company is barely solvent anyway so either way it's throwing good money after bad.

I have contacted a couple of solicitor companies today but not heard back from them as yet.

 

[The Resolver]

Interesting issue which I feel sure can only become more common in time. Obviously it was done unintentionally. The duty of confidentiality is owed to their client. However they have wider standards to follow especially when dealing with third parties who are not represented. I suggest you contact the Solicitors Regulation Authority - www.sra.org.uk

The issue for yourself is more a potential defamation assuming you challenge their allegation. This may depend on who the actual recipient is and whether there is impact within your marketplace.

I suggest you firstly inform the solicitors and demand a retraction of the allegation being sent to the recipient in terms like 'this is just an allegation which is challenged, has not been established and thus may turn out to be untrue'. You can say to the solicitors that you will not make use of such emails within any litigation ie so it cannot be used by you as some sort fo admission of the limitations in its claims.

You should then invite them to make a proposal to compensate for the damage - but you should do some research of the recipient etc to try to build up a case of actual damage and prejudice to you if such can truthfully be established.

 

[anonuk]

Hi The Resolver,

Thanks for your reply. I understand that it was done unintentionally but surely it's their responsibility to ensure these mistakes don't happen, especially with documents that contain full details of a case being bought against us.

I don't understand what you mean by the following snippet of your reply. Could you please clarify?

You can say to the solicitors that you will not make use of such emails within any litigation ie so it cannot be used by you as some sort fo admission of the limitations in its claims.

With regards inviting them to make a proposal to comensate for damage, what would be classed as 'actual damange and prejudice'? The company that received the document are in the same industry (although kind of like us dealing in apples and them in oranges, but the industry being fruit). They also have advertised on their website a relationship with the trademark owner that is claiming against us.

 

[The Resolver]

I meant that as they would not want to issue such a letter if you could then use it as evidence in court that they did not have a strong belief on their claim, that therefore you should commit to not make such use out of it.

From what you say there does seem some proximity to your business and thus the potential for actual damage to reputation impacting on the business. At thisi stage make that point and invite them to make a proposal