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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70209
Experience:  Over 5 years in practice
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If you inform the opposing clients lawyers (external lawyers)

Customer Question

If you inform the opposing clients lawyers (external lawyers) of a definitive money fraud that has been committed by their clients - do these lawyers have a duty to report this the the NCA or can they retain the information and keep confidential on behalf of their client ?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is ***** ***** I will try to help with this.

-Could you explain your situation a little more?

Customer: replied 3 years ago.
If a fraudulent transaction has been committed and I believe that my opposition (in a dispute) doesn't want to fully instruct an external legal firm in the dispute and wishes to retain in house the best they can and just get verbal ghosting advice.This might be due to them wanting to save costs and or keep information retained etc.

However if the companies appointed external lawyers were advised of a fraudulent transaction involving their client - do this law firm have a duty to report this to the NCA or can they keep confidential on behalf of their client ?
Expert:  Jo C. replied 3 years ago.
Thanks.

Any professional person has a duty to report knowledge or suspicion of any form of fraudulent transaction.

Obviously 'knowledge or suspicion' is a subjective term and it might not mean an allegation by an opponent but generally speaking its easier to err on the side of caution and make any declarations for consideration.

Can I clarify anything for you?

Jo
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.
As part of my trial can I ask a couple of more questions please ?
Expert:  Jo C. replied 3 years ago.
If its related to this question then as far as I'm concerned you can.

If its unrelated then you may be able to as part of your trial but you will need to email customer services about that on [email protected]
Customer: replied 3 years ago.
I rate your answer and advice 110% thank you.

I have 2 questions.

1. I have been suspended on full pay (although my contract could mean I don't get any pay) however I have been employed as a CEO for over 17 years, so looks like the company have respected this and paid full. However based on the process being unfair and the chairman of the disciplinary being the same person who has caused me stress and pressure and is implicated in my defence, my doctor requests an independent chairman before I attend. The company refuse and hence while suspended have now put me on SSP when I'm not sick

2. When I was suspended they took my office keys off me mobile , laptop and iPad all of which I had personal information on and always had use of these for personal use. Did they have the right to do this or should they have replaced and given me alternative while suspended?
Expert:  Jo C. replied 3 years ago.
I am sorry but I'm not an employment lawyer so I wouldn't know.

You can post another question in our employment section and I would recommend this expert -

http://www.justanswer.co.uk/law/expert-ben-jones/?rpt=3800