Solicitors secretary told my neighbour about my confidential court case

shootingstar

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Hi all
I recently settled a personal injury case out of court. I had to sign a confidentiality clause starting both sides would remain quiet.

So I drop my neighbour home last nite who was able to tell me about my case. When I asked how he knew he said he's friends with the secretary!!!

I'm far from happy. How do I approach this with the solicitor?
 
Just be straight - tell him you don't want the lady fired, but you do expect a serious reprimand and an apology directly (face to face) from her.
 
I would want the secretary fired.
They are not suitable for the position if they are broadcasting confidential information.
 
I think it depends on what information the neighbour has. Has your case had any appearances in court, even for preliminary issues? If so, then a lot of the background information and details of you claim and the other sides defence may have been read out in public - remember the courts are open to the public. The fact that the case has been settled (as opposed to the details of the settlement) would also be a matter of public record and may even be published on the Courts Service website (High Court Search section).

If it is detailed information about the settlement terms - for which the confidentiality clause was signed, then yes, you have a legitimate grevience and should raise it.
 
The Secretary should be fired and the Solicitor should compensate you. This is important for yourself and to protect others in the future, you must proceed.
 
Hi shootingstar,

First, can I respectfully advise you to tread very warily.

You are bound by the same confidentiality clause, so if 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.
 
I dont want anyone fired TBH... Im a real easy nice person behind it all. I just dont want my neighbours knowing my business.

The case was settled out of court.

Yes, the secretary is actually the girfriend of the person who told me, which i also only found out last night. He didnt mention too much only that I had a case going on & proceeded to inform me briefly what it was about. He did ask me questions about which which I told him I was way to knackered to chat about it at 3am in the morning... (basically I brushed him off nicely)...

There has been some good advise in this thread, thanks...

Ill certainly write to my solicitor today voicing my concerns & I may just throw in that he can bloody well discount my bill too.... !
 
A friend of mine previously worked in a solicitors office up in Tallaght and apparently the office manager used to discuss all cases, murders, rapes, separation etc. with the cleaner during smoke breaks.

Like yourself I'm very easy going so if it was me I would just have a word with the neighbour and leave it at that.
 
"Yes, the secretary is actually the girfriend of the person who told me"

How stupid are people!

A. She told him - wrong to do so - breach of client confidentiality.
B. He told you - has he absolutely no cop-on at all!

OP should notify the solicitor - who should have words with the secretary. And there should be a letter of apology. Someone mentioned compensation - I don't get the impression that OP wants the secretary's wages docked or that a lump sum would take away the hurt and pain of the next door neighbour knowing her business!

It's not a hanging offence when all is said and done.

mf
 
How stupid are people!

A. She told him - wrong to do so - breach of client confidentiality.
B. He told you - has he absolutely no cop-on at all!
Absolutely. They deserve each other.
 
That is absolutely shocking.

If it were my secretary I would hope that my client would come in personally to tell me about this. I would be appalled. You deserve a very sincere apology.

I would urge you to make an appointment to see your solicitor to tell her/him.

This secretary should know the first rule of a solicitors office is absolute confidentiality- and this is whether or not a confidentiality agreement is involved. If she cannot abide by this rule, law is not the career for her.
 
The neighbour was drunk telling me... I dropped a few of them home the other night...

Ive prepared a letter for my solicitor which i will hand deliver to him myself tomorrow.... basically stating im not a happy camper & certainly wont be using their services again if I cannot be guaranteed that my business remains my business... If shes talking about my case then she most certainly is talking about other cases!

Ill keep ye posted.. Thanks for all the advise.
 
Your solicitor will definitely want to know about this.

I would say the secretary will certainly be fired. She probably is telling her boyfriend about other cases so I would feel no guilt about it.
 
The first thing that crossed my mind here is the confidentiality agreement you signed with the other side in this case.

In your situation, I'd be sending a copy of that letter to your solicitor to the other side's solicitor, too.

If the opposition were to get wind of the settlement being discussed (as you did), you don't want them thinking it's you blabbing your mouth off, and accuse you of breaking the agreement.

Just a thought.

Darth.
 
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Not a great thought Darth - the other side could possibly say that the OP is responsible for the actions of his solicitor (+his secretary) as the OP's servant/agent. He should tell the solr and leave it up to him what course to take in the OP's best interest. If he makes a balls of it then the OP can take it up with him. As things stand the OP is not likely to suffer loss.
 
Not a great thought Darth - the other side could possibly say that the OP is responsible for the actions of his solicitor (+his secretary) as the OP's servant/agent. He should tell the solr and leave it up to him what course to take in the OP's best interest. If he makes a balls of it then the OP can take it up with him. As things stand the OP is not likely to suffer loss.

But as it is, the other side, if they get wind of this, may very well think it's the client blabbing. Surely, the client's wise to cover their own back by making clear that the 'professionals' were the culprit, not the OP.

If my solicitor's sec. did that in a case of mine, I certainly wouldn't trust the same firm of solicitors to act in my interests in any future dispute with the other side.

Can the Law Society help in situations like this?.

Darth.
 
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