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What onus is on a solicitor

  • 27-05-2009 7:09am
    #1
    johnpauls
    Closed Accounts Posts: 13 ✭


    If a person goes to a solicitor and makes allegations of wrongdoing by a third party is there any onus on the solicitor to verify those allegations or can they (should they?) act on word of mouth? Six years ago I was in the situation of being accused (by an in-law)of wrongdoing. She went to her solicitor and I received a total of 13 letters from the law firm over 18 months. Each letter contained new allegations none of which were true. However I had to prove my innocence against each allegation no matter how outlandish.
    Does any legal mind out there know whether my in-laws solicitor should have sought proof other than verbal of my alleged wrongdoing? The solicitor only stopped sending letters when it was blatantly obvious that my in-law was inventing stories (so far fetched that Coronation Street scrpitwriters would reject).Thanks.


Comments

  • #2
    Maximilian
    Legal Moderators, Society & Culture Moderators Posts: 5,400 Mod ✭✭✭✭Maximilian


    In short, no. A solicitor acts on his or her client's instructions. So if a client spins his solicitor a load of lies, there's no way for the solicitor to know.

    Even if the solicitor suspects they are lies, he would still have to act on instructions or perhaps refuse to act entirely.

    If such a matter went to Court, then the Court decides on where the truth lies.


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