is this not a conflict of interest

[carmen1]

please help my family member has recieved a letter from his ex partners lawyer which delails what his ex partners mother has to say, she is using her clients legal aid to write letters regarding the mother,

is this legal to use the same legal aid for 2 people and is it a conflict of interest?

[tonywiltshire]

Whoever is getting legal aid should be considered lucky in the present climate particularly at the measly rates that are paid.

Conflict of interest is covered for Solicitors in their Code of Conduct, basically it is

The real, apparent, or potential conflict between the duty owed to one in a matter and the duty owed to another regarding the same matter, especially if the person who owes the duty is a lawyer such as one who represents two defendants in the same case.

To provide a better answer please give the following information:

Who is in receipt of Legal aid?

Why should the ex-partners Mother’s comments be of value?

Why do you consider it too be a conflict of interest?

Does your family member have legal representation?

[carmen1]

my brothers ex is the one who gets legal aid, and her lawyer sent letters detailig what her mother wanted, my brother does have his own lawyer which says its a conflict of interest as the other lawyer is using the legal aid system to send letters detailing the mother when infact she shouldnt be listening to her at all or at least get the mother her own legal aid

[tonywiltshire]

Why the comments of the Mother of your Brother’s ex-partner should be relevant or important I do not know and I do not know what is in the letter or if the Mother is being represented by the other solicitor. If your Brother wishes to make a complaint over the other solicitor representing his ex-partner he can contact the Solicitors Regulation Authority (0870 606 2555) but I would suggest he first speaks to his own solicitor.

[cathfromsaron]

probably not conflict of interest per se, but iffy if they are abusing the legal aid system!

[themas]

It appears the solicitor is acting for both the ex & her mother, as otherwise there seems to be no reason for letters to be sent detailing what the mother wants. If that is the case, then I don't see that there is a conflict of interest - unless the interest of the mother conflicts with that of the ex, which seems unlikely - but it certainly raises a question mark over use of the ex's legal aid to do work for the mother. However, how do you know this is what is happening? Might it be that the mother has instructed the solicitor separately & is paying her, or has her own legal aid?

[carmen1]

after the lawyer was told that its your clients legal aid ( the ex )not her mothers she stopped sending over letters there has been 6 so far detailing what the mother wants and that she knows her daughter is a good parent even though she knew her daughter was on drugs, surely the lawyer should have told the mother to butt out

[themas]

On the facts as you state them, it seems extraordinary that the solicitor acted as he/she did. I agree with you - solicitors should take their instructions from their clients, not from anyone else. However, I don't see what can be done about it unless your brother or his solicitor care to raise it as an issue with the body that controls legal aid.

[carmen1]

thanks themas and yes we are taking the matter up with legal aid and the SLCC as we have all the proof that she over stepped the mark as a lawyer by representing the mother and using her clients legal aid to do so