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Solicitor Payment Consent Rules
Summary
Solicitors must obtain client consent before making payments on their behalf, especially in disputed cases. Breaching this can lead to professional misconduct. Possible reasons for unauthorized payments include attempts to settle debts quickly or internal miscommunication. Key professional conduct rules include client consent, duty of care, and transparency. Reporting to the Solicitors Regulation Authority (SRA) for professional misconduct is advisable if these rules are violated.Full Conversation
Well yes, because a firm of solicitors that I am embroiled in quite a serios case of fraudulent misrepresentation over, has admitted that they were responsible for the fees incurred to me to a third party but I am also in dispute with that third party. They made a payment of £* to the party without my consent and I was to pay them on a without prejudice basis
I'm sorry to hear about your situation. It sounds quite complex. To better understand and provide relevant information, could you clarify if you have already taken any legal action against the solicitors or the third party?
I have reported them to the Legal Ombudsman, the ICO but am just waiting for them to tighten their own noose around their necks before taking it to the SRA. I have been trying to resolve matters first because I am waiting before I go to the police
It sounds like you're handling a complex case. Here are some steps you might consider:
- Gather all evidence of the payment and the lack of consent.
- Document all communications with the solicitors and the third party.
- Keep detailed records of your reports to the Legal Ombudsman and the ICO.
Would you like to discuss the next steps for reporting to the SRA or the police?
- Gather all evidence of the payment and the lack of consent.
- Document all communications with the solicitors and the third party.
- Keep detailed records of your reports to the Legal Ombudsman and the ICO.
Would you like to discuss the next steps for reporting to the SRA or the police?
Look I have all that. I am wondering if a solicitor can make a payment to a third party to alleviate a 'debt' that they incurred to me but to the third party directly without my consent.
Case Rating: *
A solicitor should not make a payment to a third party without the client's consent. This action can be seen as a breach of duty and professional conduct. Since you have already taken action with the Legal Ombudsman and ICO, consider the following:
- Reporting to the Solicitors Regulation Authority (SRA) for professional misconduct.
- Consulting with a legal professional for further advice.
Would you like more information on how to proceed with the SRA or any other assistance?
A solicitor should not make a payment to a third party without the client's consent. This action can be seen as a breach of duty and professional conduct. Since you have already taken action with the Legal Ombudsman and ICO, consider the following:
- Reporting to the Solicitors Regulation Authority (SRA) for professional misconduct.
- Consulting with a legal professional for further advice.
Would you like more information on how to proceed with the SRA or any other assistance?
No I know how to log the complaints. I am just furious that this firm has unilaterally made a payment to a third party to whom I had already responded to their own letter of claim stating that I dispute their invoice! Now the solicitors have comprommised it because any payment was to be made to them on a without prejudice basis
Case Rating: *
I understand your frustration. Since you've already taken steps with the Legal Ombudsman and ICO, the next logical step would indeed be reporting the matter to the SRA for professional misconduct.
Would you like any guidance on how to escalate this matter further or any specifics about the SRA process?
I understand your frustration. Since you've already taken steps with the Legal Ombudsman and ICO, the next logical step would indeed be reporting the matter to the SRA for professional misconduct.
Would you like any guidance on how to escalate this matter further or any specifics about the SRA process?
No like I said I really want to know if a firm are allowed to pay a third party even if it is over a debt that they incurred. If not, why would a firm do this??
Case Rating: *
A firm should not make a payment to a third party without the client's consent, especially if it affects a disputed invoice. This can be seen as a breach of duty and professional conduct.
Possible reasons for the firm's action:
- Misunderstanding or miscommunication.
- Attempt to settle the debt quickly to avoid additional complications.
Would you like any more information on professional conduct rules or how to escalate this further?
A firm should not make a payment to a third party without the client's consent, especially if it affects a disputed invoice. This can be seen as a breach of duty and professional conduct.
Possible reasons for the firm's action:
- Misunderstanding or miscommunication.
- Attempt to settle the debt quickly to avoid additional complications.
Would you like any more information on professional conduct rules or how to escalate this further?
No. there is no misunderstanding. The Director of Professional Standards in the firm is the one who made the payment (who I am dealing with and we are in heavy dispute - with her behaving like a petuant child) and when I queried where the payment was she said she didn't have my bank details (but nor did she have the debtors details so she would have had to have asked them for their bank details and highlighted what the payment was for) but I had filled in their form with my bank details and they have used it to make a refund to me only a couple of weeks ago. So they had my bank details
Case Rating: *
It sounds like you're dealing with a significant professional conduct issue. Given the complexity and potential misconduct involved, it may be beneficial to escalate this matter.
Would you like guidance on any specific actions you can take now or any further assistance with this situation?
It sounds like you're dealing with a significant professional conduct issue. Given the complexity and potential misconduct involved, it may be beneficial to escalate this matter.
Would you like guidance on any specific actions you can take now or any further assistance with this situation?
No - I'd like to know if they are allowed to do this as there was a) no consent b) no doubt they had my bank details and c) no bank details prior to this of the debtors account. So they actively went out of their way to do it
Case Rating: *
A solicitor should not make a payment to a third party without the client's consent, especially if it involves a disputed invoice. This can be seen as a breach of professional conduct rules.
For further action, consider:
- Reporting to the Solicitors Regulation Authority (SRA) for professional misconduct.
Would you like any guidance on professional conduct rules or how to escalate this further?
A solicitor should not make a payment to a third party without the client's consent, especially if it involves a disputed invoice. This can be seen as a breach of professional conduct rules.
For further action, consider:
- Reporting to the Solicitors Regulation Authority (SRA) for professional misconduct.
Would you like any guidance on professional conduct rules or how to escalate this further?
You keep asking the same thing over and over - NO I don't want guidance on that. I want to know if it is legal for a firm to pay a debtor on behalf of a client without consent? And why would a firm do this
Case Rating: *
It's not legal for a firm to pay a debtor on behalf of a client without the client's consent. This action breaches professional conduct rules and duty of care. Possible reasons for this might include:
- Attempting to settle the debt quickly.
- Internal miscommunication or error.
Would you like more details on professional conduct rules?
It's not legal for a firm to pay a debtor on behalf of a client without the client's consent. This action breaches professional conduct rules and duty of care. Possible reasons for this might include:
- Attempting to settle the debt quickly.
- Internal miscommunication or error.
Would you like more details on professional conduct rules?
Yes please
Case Rating: *
Here are some key professional conduct rules that may apply to your situation:
- Client Consent: Solicitors must obtain client consent before making payments on their behalf.
- Duty of Care: Solicitors must act in the best interest of their clients and ensure actions do not harm the client.
- Transparency: Solicitors must clearly communicate with clients about actions taken on their behalf.
Would you like more detailed information on these rules?
Here are some key professional conduct rules that may apply to your situation:
- Client Consent: Solicitors must obtain client consent before making payments on their behalf.
- Duty of Care: Solicitors must act in the best interest of their clients and ensure actions do not harm the client.
- Transparency: Solicitors must clearly communicate with clients about actions taken on their behalf.
Would you like more detailed information on these rules?
yes please
Case Rating: *
Here are more detailed professional conduct rules that may apply to your situation:
- Client Consent: Solicitors must obtain explicit consent from clients before making any payments on their behalf. This ensures that clients are fully aware and agree to the financial transactions being made.
- Duty of Care: Solicitors have a duty to act in the best interests of their clients, avoiding actions that could potentially harm the client's position or interests.
- Transparency: Solicitors are required to maintain clear and open communication with their clients, informing them of any actions taken and ensuring that clients are kept up-to-date with the progress of their matters.
Would you like any more specific details or assistance with these rules?
Here are more detailed professional conduct rules that may apply to your situation:
- Client Consent: Solicitors must obtain explicit consent from clients before making any payments on their behalf. This ensures that clients are fully aware and agree to the financial transactions being made.
- Duty of Care: Solicitors have a duty to act in the best interests of their clients, avoiding actions that could potentially harm the client's position or interests.
- Transparency: Solicitors are required to maintain clear and open communication with their clients, informing them of any actions taken and ensuring that clients are kept up-to-date with the progress of their matters.
Would you like any more specific details or assistance with these rules?
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