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.
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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.
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+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.
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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.
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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.
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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.