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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Is it legal for a solicitor, after making an application

Customer Question

Is it legal for a solicitor, after making an application to the courts. be allowed to represent the claimant! that was also representing the defendant ?
because as immoral as it sounds ? this is what happened, without my consent ?
no evidence was placed before the courts , no defence was placed before the court ?
It was a simple ? my client is accused of this ? my client is accused of that ? . my client is not guilty of any of the accused ending my claim against the defendant .
This is what was allowed to be done by A district judge, at reading county courts, a the court hearing . can i sue the solicitors that did this, in order to dispose of the evidence against their client . the Judge that also agreed to what had been arranged. was this also gross misconduct on her behalf to allow such goings on ? .
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

What type of matter was it please?

JACUSTOMER-lupeal18- :

It's a Civil matter. irrespective of the nature of shy we were in court ? as it will take to long to explain ?

JACUSTOMER-lupeal18- :

All i need to know is ? was it illegal for the same solicitors to appoint themselves to represent me , that was also representing the defendant ? because by the Judge allowing this to happen ? it enabled the defending solicitors to terminate the evidence that was against their client . without having to put any defence before the courts ? can i sue the solicitors for doing this ? . there was also an agreement that consisted of terms and conditions, making it a legal contract !. the defending solicitors Had presented me with an agreement ! that was sighed by the defendant ! .

JACUSTOMER-lupeal18- :

it stated ; if i stopped my claim against him ? for making false statements to a judge at a court hearing that ended with me losing the case due to him telling the judge lies . he would be content . and not counter-claim for expense that he failed to claim prior to the ending of the hearing . Even though i had believed i had ample proof to be able to win my claim against him , Due to having the fear that a second Judge would not listen to a car dealer , instead of seeing if the private individual was lying? ending with me losing again ? i decided to register a discontinuation in agreement with the terms and conditions of the agreement that had been proposed to me ? Ending claim no. A19YJ313. Instead of the defendant being content ? and his solicitors sending me confirmation that their client would now not counter-claim ? they continued to aid there client to the point to where a court hearing took place , and their client was awarded his counter-claim , and their expenses were to be paid by me ? This made me so angry , i re-opened my claim against him, by re-applying ? this re-opened claim , was allocated another claim number .A32YM550. I now had further evidence proving this man to Have made further lies in order for his gain . after sending my proof to slough county courts ,proving the counter-claim to have been gained by both the defendant and his solicitors breaching an agreement /contract as it consisted of terms and conditions . it was signed by a district judge to allow me to used it as further evidence . it was allocated to be heard along-side my re-opened claim that had been allocated to be heard at reading county court . the following happened ; the district Judge refused to hear the claim that had been allocated to be heard along-side my main claim that was now further evidence . by doing this my evidence was as good as : with held . I pointed out to the Judge, this counter-claim was evidence it had to be heard ? she again refused to address this claim , stating ; as far as she was concerned it had been dealt with and did not agree to it being appointed to be heard along-side claim n. A32YM550.

JACUSTOMER-lupeal18- :

This left me with a claim being refused to be heard . ie part evidence gone ? the rest of my claim as already stated ; the same solicitors appointed them selves , without my consent ? to represent me as well as the defendant ! i have already stated to what was done with the evidence that was left remaining ? as for the counter-claim that was awarded by the breaching of an agreement by the defendant ? as stated ; according to both the solicitor and the defendants solicitors ? no agreement had been breached ?

JACUSTOMER-lupeal18- :

i know i said i would not go into to much detail but have ended up doing so anyway ? The stage that i am at right is is as follows ; the courts have agreed to investigate he actions of the Judge ? Due to my threat to take this Judge to the Judicial investigations office . I now need to know ? for definite if it was illegal for them to appoint them selves as my solicitors , also without my consent . so that i can that i can sue them for their actions ? I also need to know ? for definite due to the agreement consisting of "terms and conditions " does it make it a legal contract ! even if it was not made whilst under oath! so that i can also sue them for aiding their client to breach an agreement /contract !. for their financial gain . Please, i need to have a solicitor to whom i can trust to guide me correctly , even though they know ? it is another solicitor that i will be suing ? . if you can confirm these solicitors have acted outside of the law ? i can then feel confident to appoint you yourself, or another solicitor , feeling confident that i have a second opinion from you along with another solicitor to teke them to court and win my case ? Best regards steve @smc .

Alex Watts :

Is it illegal in itself then no.

Alex Watts :

Is it a breach of the rules of the Solicitors - it sounds likely.

Alex Watts :

That is because they can not represent you if there would be a conflict of interest.

Alex Watts :

That is if they know things about you which they could potentially use.

Alex Watts :

If you had instructed them as to act for you then they act for the other side then this is an issue.

Alex Watts :

Potentially they have broken the rules and been negligent.

Alex Watts :

You first need to write and complain to the managing partner, who handles complaints. They will investigate the matter and report back to you. If you are not happy with the response then you can complain to the Regulator. That is the SRA (www.sra.org.uk)

Alex Watts :

They will investigate the matter and see if there has been a breach of the rules

Alex Watts :

If there had then and only then could you really issue proceedings.

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-lupeal18- :

was it illegal for them to register themselves as my solicitors, ( without my consent ) can i sue them ?

JACUSTOMER-lupeal18- :

there was an agreement that consisted of "terms and conditions ", making it I believe a legal contract ! the agreement was in writing and signed by the defendant ! . the agreement was ? he would be content, if we were to register a discontinuation of our claim , against him ? i registered a discontinuation of my claim against him in accordance to the terms and conditions . He continued with his counter-claim, to the point where a court hearing took place, and he was awarded ? this was done by the aid of his solicitors . Has there Been the beaching of a contract by one or two parties , and if so? can i prosecute / claim against either party?

Alex Watts : Was it illegal no.
JACUSTOMER-lupeal18- :

the judge and the solicitors ,both stated ; there has been no breaching of any agree ! Due to the agreement not being made under oath! But this agreement consisted of terms and conditions ? were they both misguiding me on the defendants behalf ? are they both guilty of misguiding me I.E. can i complain against the judge ? for gross misconduct ? can i sue the solicitors ? after all when the made this statement ! they we also acting on my behalf at this time ? due to them registering themselves without my consent . sorry if i maybe repeating answered questions i need simple answers

Alex Watts : there are terms and it may be breach of contract.
Alex Watts : but that does not mean it's a criminal matter, it may be civil.
Alex Watts : No you can't sue the judge
Alex Watts : You may appeal.
Alex Watts : But yes you can sue the solicitors.
JACUSTOMER-lupeal18- :

it wasa civil matter

Alex Watts : But you are better going through the SRA first as above.
Alex Watts : Yes but the solicitors acting for the other Side is not illegal.
JACUSTOMER-lupeal18- :

even without my consent ?

Alex Watts : Its not illegal
JACUSTOMER-lupeal18- :

seems immoral

Alex Watts : I agree, but that does not make it illegal.
Alex Watts : But that is why you need to complain to the partner and then the SRA
JACUSTOMER-lupeal18- :

What about the agreement , due to it consisting of terms and conditions ? was it a legal contract ? was it a legal contract breached by the defendant due to it consisting of terms and conditions ? ive looked on the net and it seems to state it quite clearly : even if an agreement is just Made Verbally ? if it consists of terms and conditions ? it is a legal contract ! is this correct

Alex Watts : Yes the contract could have been breached and in any event it could be illegal. But without going through all the evidence it would be hard of me to say.
Alex Watts : A judge can add, amend or remove terms in a contract or declare it void.
JACUSTOMER-lupeal18- :

the judges exact words were ; Due to the agreement not being made whilst under oath ! there has been no breaching of any agreement.?

JACUSTOMER-lupeal18- :

it stated ; if i stopped my claim against him ? he would be content and not counter-claim ? i registered a discontinuation , but then he continued to breach the terms and conditions of that agreement ? was this judge telling me ? terms and conditions or not ? Due to it not been made whilst under Oath ! no breaching of a contract! has been made ?

JACUSTOMER-lupeal18- :

please excuse me for repeating some questions Alex , i feel so et up i feel that i have been stitched up.

Alex Watts :

If you stop your main claim this does NOT stop a counter claim.

Alex Watts :

But I dont think that the Solicitors can act for them anyway

Alex Watts :

Does this clarify?

JACUSTOMER-lupeal18- :

Thank you for all your help it has given me a good idea of what i need to do . best regards [email protected]

Alex Watts :

Can I help with anything else today?

Alex Watts :


If this answers your question could I invite you rate my answer before you leave today.


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