Inappropriate text from solicitor - advice please

Megwepz

Hi All,

Posting this situation that a friend is going through as I'm unsure how best to advise her.

Long story short, my friend was in an accident 4.5yrs ago. She was a passenger in a car, travelling with a colleague and on duty at the time. They were in a very bad car accident, very obviously caused by the other driver.

Since this accident, she can no longer work in the field that she has her degree and training in due to physical restrictions as a direct result of crash - her GP/specialists will not sign her back on as fit for aspects of the physical work required for her particular job.

She waited 4.5 yrs for this case to be brought to court and basically gone through hell while waiting for a court date to be finally set which is due in October. Her solicitor has been preparing her for the court date and has held meetings with her alone and after hours for this at times.

Then.... he drunk text her last Monday night. Advising her that he was separated, knows he shouldn't be texting her etc. etc. She didn't respond that evening and hoped that there would be a mortified apology waiting for her in the morning.... there wasn't. So she text him and said he had put her in a very uncomfortable situation, especially given the stress of the upcoming court appearance and that he had been highly inappropriate in his behavior. He apologised, admitted it was inappropriate and said he was ashamed of himself.

She now feels, and rightly so imo, that she cannot continue to have meetings with him alone and may need to change representation. My worry with this is that it will set her back in her court case which she has waited and stressed over for 4.5yrs if she changes representation now.

What should she do here? Will changing representation set her back? Can she change to a different solicitor within the same practice without it affecting her case? Should she report him?

Any advice/input greatly appreciated.

Samuel T. Cogley

Over reaction imho. He's apologised and just see him in office hours if she's that uncomfortable.

lawred2

Samuel T. Cogley wrote: »

Over reaction imho. He's apologised and just see him in office hours if she's that uncomfortable.

hmmmm

an over reaction?

not so sure about that - of course she's going to feel uncomfortable around him... so what if he apologised! He only did so after being forced into doing so.

banie01

I agree with Sam, the circumstances of your friends case, her infirmity and her ongoing inability to work in her chosen field don't really have a lot to do with the meat of the matter.

There may simply have been a case of crossed wires.
The solicitor may have thought over the course of their professional relationship that there may have been potential for something more.
The solicitor sent a message, it wasn't well received and he has apologised for it.

Up until that point, has your friend been happy with how they have handled the case?

Your friend can certainly choose to change her solicitor, but costs accrued would need to be settled with the original solicitor before the case files are passed to the new solicitor.

If your friend is happy with the performance of the solicitor to date apart from the SMS, I'd ask if the upheaval is worth the hassle?

Megwepz

banie01 wrote: »

the circumstances of your friends case, her infirmity and her ongoing inability to work in her chosen field don't really have a lot to do with the meat of the matter.

I suppose the reason I gave the few details about the case was to show how serious this case has been for her and how important the outcome of the court case will be to her. Her solicitor knows all of these details and should have known better than to do something that could potentially jeopardize her case???

I mean, if he really wanted to ask her out, why didn't he work his socks off and knock her case out of the park and then wait til it's closed to ask her?

nuac

Mod
A PI action can lead to a close working relationship between plaintiff and solicitor. Such litigation can be stressful for the plaintiff.
Likewise a separation can be stressful. In time the stress reduces.
I don't want to sound like Angela McNamara of old but your solicitor figures he knows your friend well enough to discuss the break-up with her, leading to this situation.
Suggest your friend recommend he see another solicitor re issues arising from the separation. Suggest meetings re the PI action be in the office at suitable times

Leaving open for general legal discussion

boombang

I would contact the regulatory body for solicitors (Law Society of Ireland?) and seek clarification on would it set her hearing back. Highly unprofessional from your man and her situation should not be compromised by his poor judgement.

If you're in position of professional responsibility like that you should not be sending out drunk texts. Sorry if that's harsh.

tomwaits48

he's apologised, move on and get back to business.

secondrowgal

Not an overreaction at all! If that were me, I would absolutely want a new solicitor. The additional stress is just not worth it. And if she doesn't feel comfortable in his presence, then that's enough reason to change. If there is one in the same practise, then that would probably be ideal because he/she can be briefed and brought up to speed. It's up to herself whether she wants to report him, but the lack of an apology without prompting would put him in a bad light for me.

Any time lost, any additional costs as a result of the change should also be borne by the solicitor/practise. It is not your friend's fault that she had to change solicitor.

Megwepz

nuac wrote: »

Mod
A PI action can lead to a close working relationship between plaintiff and solicitor. Such litigation can be stressful for the plaintiff.
Likewise a separation can be stressful. In time the stress reduces.
I don't want to sound like Angela McNamara of old but your solicitor figures he knows your friend well enough to discuss the break-up with her, leading to this situation.
Suggest your friend recommend he see another solicitor re issues arising from the separation. Suggest meetings re the PI action be in the office at suitable times

Leaving open for general legal discussion

It's not that he was merely mentioning/discussing his separation with my friend in what he viewed as a friendly conversation or looking for advice on the matter, they have not developed a personal/friendly relationship.... he made a pass at her via text, late at night, and presumably inebriated.

Portsalon

Megwepz wrote: »

Her solicitor has been preparing her for the court date and has held meetings with her alone and after hours for this at times.

Had they a good working relationship prior to this incident?

Is she 100% certain that at no stage would she have said or done anything that might have led him to misunderstand their [solicitor: client] relationship?

ToBeFrank123

He's apologised. I'd give him another chance. If he does something similar in future, inform his superiors or something like that.

Megwepz

Portsalon wrote: »

Had they a good working relationship prior to this incident?

Is she 100% certain that at no stage would she have said or done anything that might have led him to misunderstand their [solicitor: client] relationship?

Genuinely I don't think so. I know this woman inside out and how she operates and behaves. She is not the type of woman to send out signals like that naturally and she certainly was not interested in him.

She was in a long term relationship until very recently. Last Friday, her solicitor informed her that it was likely the defense have a PI following her taking photos etc. and she said that she was worried about this as she had to move house recently as a result of her break up and was afraid the PI may have been taking photos of the move etc. So he obviously noted that she was now single and took his opportunity to hit on her.

drunkmonkey

Seems like they both need a night out, maybe going for dinner might not be the worst thing in the world even if it's just a professional date. Would help clear the air. Shes a long way down the road to be jumping ship just because someone fancies her.

punisher5112

The friend could always change solicitor or ask for another to take over the case.

Obviously he went the wrong way but maybe he honestly likes the friend and it's the only way he could strike up the courage to ask.

He didn't threaten or anything else bad as such but it would be seen as unprofessional.

I wouldn't be looking for to destroy them especially if they're a good solicitor.

Megwepz

drunkmonkey wrote: »

Seems like they both need a night out, maybe going for dinner might not be the worst thing in the world even if it's just a professional date. Would help clear the air. Shes a long way down the road to be jumping ship just because someone fancies her.

I'm so sorry... but this is just ridiculous 'advice'. A 'professional dinner date' with the man that has made her uncomfortable and even more stressed about her upcoming case - what would that achieve exactly??? Except for maybe giving him some sort of inkling that she did did have feelings for him (which she does not) or that his behavior was acceptable?

antix80

I think your friend should chill a bit. Keep it in perspective. He's her solicitor, not her gynaecologist. Instead of meeting in his office a phone-call might be more appropriate. If they need to meet, do it during business hours.

XsApollo

It’s only inappropriate because she has no interest in him, if the opposite was true and she was interested then there wouldn’t be an issue I assume.
Let it lie, if he continues then yes it’s a problem.

ToBeFrank123

Megwepz wrote: »

I'm so sorry... but this is just ridiculous 'advice'. A 'professional dinner date' with the man that has made her uncomfortable and even more stressed about her upcoming case - what would that achieve exactly??? Except for maybe giving him some sort of inkling that she did did have feelings for him (which she does not) or that his behavior was acceptable?

Sounds like she is over-reacting. Both of them need to put it behind them and move on.

It was a drunken text asking her out. It happens. People make mistakes when drunk all the time.

Megwepz

punisher5112 wrote: »

The friend could always change solicitor or ask for another to take over the case.

Obviously he went the wrong way but maybe he honestly likes the friend and it's the only way he could strike up the courage to ask.

He didn't threaten or anything else bad as such but it would be seen as unprofessional.

I wouldn't be looking for to destroy them especially if they're a good solicitor.

And she is definitely not looking to destroy him by any means.... all this poor woman wants is the stress of the court case gone. He definitely didn't threaten but his behaviour was inappropriate given the pending court case... surely there is some rule of ethics that would not allow him date a current client even if he wanted to?

She is going to feel uncomfortable alone in his company from now on which is an added stress she just doesn't need. I'd fear that he will drop the ball on her case following this rejection and it will ultimately affect her outcome.

I also fear that if she changes her representation this will negatively impact her also at this stage in the case. He has really just caused unnecessary worry for her and I'm a bit lost as to how to advise her to proceed.

Sittingpretty

Very stupid and unprofessional of him to drunk text a client.

However if your friend is happy to date with the services he's providing she should accept the apology and move on and get stuck back into her case. If she's uncomfortable meeting him in person then business can be conducted via phone or e-mail or during office hour.

Were it to happen again, it becomes a problem but for now I'd treat it as a massively error in judgement and a mistake on his part.

SusieBlue

October is merely weeks away. Is it worth jeapordising the case if the changeover to a new solicitor causes her to lose?

I'm not defending him but a bit of perspective is needed here. What he did was wrong and inappropriate. He has apologised.
For the sake of the court case she should put it behind her and just get on with it for the sake of a few weeks. Soon enough she won't need to be in contact with him again.
The man is probably mortified and will be extremely professional going forward, for fear of overstepping the mark.

What's more important, the court case or proving a point over what appears to be a genuine error of judgment?

spurious

I wouldn't feel comfortable working with him. I can understand your friend's misgivings.

punisher5112

Megwepz wrote: »

And she is definitely not looking to destroy him by any means.... all this poor woman wants is the stress of the court case gone. He definitely didn't threaten but his behaviour was inappropriate given the pending court case... surely there is some rule of ethics that would not allow him date a current client even if he wanted to?

She is going to feel uncomfortable alone in his company from now on which is an added stress she just doesn't need. I'd fear that he will drop the ball on her case following this rejection and it will ultimately affect her outcome.

I also fear that if she changes her representation this will negatively impact her also at this stage in the case. He has really just caused unnecessary worry for her and I'm a bit lost as to how to advise her to proceed.

Fully appreciate it, it may well be best brush it off and be flattered for the attention...

Well I would be if it were a girl chasing me.

Has happened couple of times in work but I was already taken.

I get she is stressed out and of course wrong timing but then again he may well like her and as I said he may have text before thinking.

Most likely why he never replied, I would say he was mortified.

I remember when I was going through my divorce and was using a highly recommended Dublin solicitor because my ex husband had some heavy guns on his side, the partner in the Solicitors practice who was my Solicitor made a pass at me, took my hand, admired my hands and my nail polish (!!) and I was absolutely mortified. While it kinda threw me a bit, I did nothing about it at all. I hadn't the stomach to go to a new solicitor and start from scratch. Divorce went through fine , Solicitor did a very good job, end of story.

Stark

Hard to really know without knowing what kind of a person he is.

No doubt your friend is aware that there are quite a few creeps out there who react badly to rejection and make life very uncomfortable with pestering and the like and is nervous about where things might go as a result. With any luck though, he's probably one of the majority of men who would feel embarrassed after putting himself out and being rejected and probably wants to forget the whole thing as much as your friend. In which case, they can both continue on and pretend as if nothing happens.

randomchild

I saw it raised only once before in passing in this thread so I will make the point again, if your friend has an issue with this behavior contact the Law Society of Ireland, the regulatory body for solicitors.

While the person's behavior can be understood and sympathized with, it is still a significant breach of the duty a solicitor owes to any client, which is very onerous, and completely inappropriate. It is unlikely to lead to serious consequences but you never know, this may not be an isolated incident and the Law Society may have more information to demonstrate a pattern of behavior.

lawred2

can't believe the amount of "sure get over it - no big deal" posts..

he wasn't a friend who got a bit carried away with himself - it was her solicitor with whom she thought she had a strictly professional relationship..

randomchild

randomchild wrote: »

I saw it raised only once before in passing in this thread so I will make the point again, if your friend has an issue with this behavior contact the Law Society of Ireland, the regulatory body for solicitors.

While the person's behavior can be understood and sympathized with, it is still a significant breach of the duty a solicitor owes to any client, which is very onerous, and completely inappropriate. It is unlikely to lead to serious consequences but you never know, this may not be an isolated incident and the Law Society may have more information to demonstrate a pattern of behavior.

I think I would wait until after her court case for that.
Imagine raising it with the Law Society now and her solicitor is investigated (for what....asking her out when he was drunk?) that will surely sour the working relationship and made things very difficult. I'd forget it, move ahead with the case, pay the Solicitor and move on with life.
If she wants to make a point, a complaint, an investigation then leave it till afterwards.

Megwepz

lawred2 wrote: »

can't believe the amount of "sure get over it - no big deal" posts..

he wasn't a friend who got a bit carried away with himself - it was her solicitor with whom she thought she had a strictly professional relationship..

See, I'm in your camp to be honest, think it's totally out unprofessional (and surely a breach of whatever rules solicitors are supposed to adhere to?) but I do also recognise that if she changes lawyers/reports him etc. etc. it may have more negative ramifications for her than it might do for him. Not the right reason for me to advise her to 'just get over it' but should it be a consideration?

Victor

banie01 wrote: »

The solicitor may have thought over the course of their professional relationship that there may have been potential for something more.

The after the case is settled, the solicitor could invite her to lunch.

dartboardio

I suppose he got the wrong idea, but then again that is completely unacceptable.

How unprofessional of him!

I'd say brush it under the rug this time.. 3 strikes and all that. If he ever crossed that line again I'd probably report him.

Actually the more I think about it the more strange it becomes. My doctor had to ring me slightly after hours yesterday just to have a quick chat about a discrepancy on my prescription that I had handed into the pharmacist.

If he had of text me drunk saying he was seperated initiating some sort of flirting, i would probably report him

completely unacceptable for him to even think of texting a client something like that, drunk or sober

Megwepz

Victor wrote: »

The after the case is settled, the solicitor could invite her to lunch.

This is what I can't understand.... if he did really fancy her surely the best thing to do would be work really hard on her case for her and then ask her out in a few weeks when it's all done and dusted.

ToBeFrank123

Megwepz wrote: »

See, I'm in your camp to be honest, think it's totally out unprofessional (and surely a breach of whatever rules solicitors are supposed to adhere to?) but I do also recognise that if she changes lawyers/reports him etc. etc. it may have more negative ramifications for her than it might do for him. Not the right reason for me to advise her to 'just get over it' but should it be a consideration?

I'm not sure of the purpose of this thread to be honest. Sounds like you made up your mind before coming on here and anyone who disagrees is set up to fail.

Personal opinion is it was a drunken mistake, once the case is over they will never see each other again.

Good luck anyways.

I'm out!

lawred2

ToBeFrank123 wrote: »

I'm not sure of the purpose of this thread to be honest. Sounds like you made up your mind before coming on here and anyone who disagrees is set up to fail.

Personal opinion is it was a drunken mistake, once the case is over they will never see each other again.

Good luck anyways.

I'm out!

what's with the passive aggression?

ToBeFrank123

lawred2 wrote: »

what's with the passive aggression?

There is none. And I'm sorry I bothered posting on this thread when I see a post like this.

drunkmonkey

lawred2 wrote: »

can't believe the amount of "sure get over it - no big deal" posts..

he wasn't a friend who got a bit carried away with himself - it was her solicitor with whom she thought she had a strictly professional relationship..

Like nobody's ever asked the girl on the checkout in spar out...he's known her nearly 5yrs. It's absolutely nothing to get your knickers in a twist about. It's a complement she should take it as such and just say no if she's not interested.

tomwaits48

drunkmonkey wrote: »

Like nobody's ever asked the girl on the checkout in spar out...he's known her nearly 5yrs. It's absolutely nothing to get your knickers in a twist about. It's a complement she should take it as such and just say no if she's not interested.

exactly. reporting him to the law society over this is ridiculous.

thesiegeof

He seems a bit creepy but since the court case is quite close, I think she should continue with him. If he does anything inappropriate again, report him straight away. Maybe even continue with him until the case is done and then report him?

GooglePlus

Unprofessional creep, find a new one.

drunkmonkey

thesiegeof wrote: »

He seems a bit creepy but since the court case is quite close, I think she should continue with him. If he does anything inappropriate again, report him straight away. Maybe even continue with him until the case is done and then report him?

Why because he's a man? Where did you get creepy out of? It's no wonder lads are topping themselves for sport it your labelled a creep for liking someone.

thesiegeof

drunkmonkey wrote: »

Why because he's a man? Where did you get creepy out of? It's no wonder lads are topping themselves for sport it your labelled a creep for liking someone.

Woah! What's that all about? Bit over the top! He was sending inappropriate messages to his client late at night, that's creepy.

lawred2

drunkmonkey wrote: »

Like nobody's ever asked the girl on the checkout in spar out...he's known her nearly 5yrs. It's absolutely nothing to get your knickers in a twist about. It's a complement she should take it as such and just say no if she's not interested.

I fail to see the equivalence. But whatever - you seem deeply unsettled by this so best leave you to it.

As for a compliment? Unwelcome advances are very rarely seen as such.

hullaballoo

drunkmonkey wrote: »

Why because he's a man? Where did you get creepy out of? It's no wonder lads are topping themselves for sport it your labelled a creep for liking someone.

Moderator: Do not post in this thread again, please. Failure to comply with this polite request will result in a ban.

drunkmonkey

thesiegeof wrote: »

Woah! What's that all about? Bit over the top! He was sending inappropriate messages to his client late at night, that's creepy.

He sent one saying he liked her from what I read. You want him out of business and reporter to the law society. It makes him a little stupid but not a creep.

lawred2

ToBeFrank123 wrote: »

There is none. And I'm sorry I bothered posting on this thread when I see a post like this.

sure

ToBeFrank123

lawred2 wrote: »

sure

I'm going to do you and I and everyone else on here a favour and stick you on ignore. Goodbye.

nuac

Mod
Anybody else got anything to say which could be deemed in some way to be legal discussion?

boege

I deal with solicitors on a daily basis for over 20 years.

A solicitor should use his utmost skill and care in acting on behalf of his client. The standard of care expected is that of a reasonably careful and skilful solicitor who has the relevant expertise. The standard should also take into account the fact that the relationship of a solicitor and client is a fiduciary relationship.

The solicitor here is in breach of the Law Society guide for professional code of conduct. Report him immediately and seek a replacement with whom he should be requested (by the Law society) to support your case at his cost - his behavior here is way over the line.

https://www.lawsociety.ie/globalassets/documents/committees/conduct-guide.pdf

Megwepz

To answer one poster above - yes, I had my mind made up about the solicitor prior to posting. As far as I'm concerned, it was highly unprofessional behaviour on his part and totally out of line and he could be reported for it - I'm not saying that he should, but he could.

To the poster that said to 'take it as a compliment' - unwarranted and unwelcome advances like this are not a compliment and women especially, not exclusively however, have to put up with far too much of it. My friend hired him to be her solicitor and represent her to the best of his professional ability, not so that he could view her in any sexual or romantic way, contact her in a flirtatious way while drunk and make her feel uncomfortable during any future appointments. For example, if I hired a taxi driver or masseuse or therapist I would absolutely expect them to be professional and not to be drunk texting in the same manner as this solicitor after I have finished the journey/appointment etc. There are many professions where this is completely inappropriate and law is one of them.

I was not asking whether fellow Boardsies thought the solicitors actions were inappropriate - I already know they were.

What I was asking for advice on was - should she stick out the discomfort and continue having him represent her in order to continue on with the case OR should she seek alternative representation and if she does, what sort of impact is that likely to have on the progress of her case.

Megwepz

Megwepz wrote: »

What I was asking for advice on was - should she stick out the discomfort and continue having him represent her in order to continue on with the case OR should she seek alternative representation and if she does, what sort of impact is that likely to have on the progress of her case.

What did the text actually say?

I think it was a clear lapse of judgment on his part, but I'd be reluctant to change solicitors so close to a Court date. It will definitely delay the hearing. Your friend would be better off having the case resolved and moving on with her life, imo.