How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

I was in Defence. I had to do an out of court settlement as

Customer Question

I was in Defence. I had to do an out of court settlement as advised by my lawyer, but afterwards I found out that the Claimant's lawyer was his brother hidden in a room in the court who was also the Claimant's main Witness for the Prosecution. I'm very upset that I found out afterwards and have to pay 200 pounds for the rest of my life. Surely this cannot be legal as it it is a blatant conflict of interest? How can a solicitor acting for the Claimant also be a Witnesss for the Prosecution?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Was this a civil or criminal matter please?
JACUSTOMER-p1nuugfg- :

This was a Civil Litigation matter Alex.

Alex Watts :

You want to know can someone act for their brother in Court and be a witness?

Alex Watts :

Was he on record as acting or just dealt with the hearing?

JACUSTOMER-p1nuugfg- :

He was working for the firm of solicitors DH LAw, but I didn't know he had just joined them. My lawyer from Boodle Hatfield was dealing with a Miss Rhian Davies from this firm and I expected to see her in the court, but his brother was hidden in a room - he is a solicitor . Miss Rhian Davies was not there. He had a barrister and so did I. I understand that his barrister would have cross-examined me and mine would have cross examined the claimant and his solicitor brother, but why was Miss Rhian Davies not present and his brother hidden in a room in the court with my lawyer and barrister going in and out of this room sorting things out? I'm very confused that this was all hidden from me. When you say acting or just dealt with the hearing, i do not know, Why on earth was he hidden in a room when he was a main witness and why was the other sides solicitor Miss Rhian Davies not in the court or in that room.

JACUSTOMER-p1nuugfg- :

I was in the canteen of the Court with my lawyer and barrister and witness. The Claimant was in the canteen also with a a couple of character witnesses and his barrister was in and out going into this side room where the Claimant's brother was. If I had known that Miss Rhian Davies was not in that room and his brother was I would have stopped the case. His brother was doing all the negotiations in this room, with the Claimants barrister and my lawyer and my barrister. It didn't get into court and I wish it had. Surely a Judge wouldn't allow this? It's a total conflict of interest and the brother was a major liar in this whole case.

JACUSTOMER-p1nuugfg- :

thank you Alex.

Alex Watts :

There is nothing unusual with a witness being in a conference room - this is quite normal

Alex Watts :

As for Miss Davies not being there, she does not have to be. A lot of time even Solicitors are not at Court because of the cost.

Alex Watts :

Therefore with Miss Davies not being at the hearing and the witness in a room is not something unusual.

Alex Watts :

Only witnesses that have given evidence are permitted to go into Court and give evidence, that is it

Alex Watts :

But the fact that the brother represented - is this a conflict - no

Alex Watts :

It is only a conflict if the brother knew you and was friends with you

Alex Watts :

They can know the Claimant, this is not a problem

Alex Watts :

But they can't be conflicted with the Defendant

Alex Watts :

I am sorry if this is not the answer you are looking for and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-p1nuugfg- :

the brother did know me as he was introduced to me before all this court stuff and I went out for dinner with him and the Claimant. I wouldn't say he was a friend like the Claimant, but he had met me twice and the Claimant wanted me to meet his brother? This was all before i was duped. hank you Alex

Alex Watts : You can report this to the regulator - the solicitors regulatory Aurhority.
Alex Watts : Can I claiify anything else for you?
Alex Watts : They can investigate and see if there has been any breach of the rules. There website is www.sra.org.uk
Alex Watts : There may have been a conflict of interest but I can not be sure. You can complain to the regulator who can investigate. They are www.sra.org.ik
Alex Watts : .uk
Alex Watts : Www.sra.org.uk
Alex Watts : They can see if there is a conflict or breaches if any rules.
Alex Watts : Can I clarify anything for you about this today please?
Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice