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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Another question re this matter. I applied information

Resolved Question:

Hi, Another question re this matter. I applied for the information as I stated and today I chased up the solicitors concerned Data Protection Officer as I have had no reply from them. They state they have not had it and also asked what I was requesting I said and they said under privilage of law they do not have to disclose. and gave the example if my neighbor approached them re myself then in law they did not have to disclose. I stated this is not the same as I pay my union dues filled and signed a form that was handed to yourselves and you then responded to the union re the matter related to myself. To this they asked for me to send the request again and they will have a look at it? My question is can they hide behind the previlage of law as he says as I know I did not pay the solicitors directly but I paid my dues and part of my dues is for legal assistance and the form for advice was filled in by myself and signed by myself surely they cant withold this information? Thanks

Previous Question


Hi I approached my union about an employment situation and they got me to fill out a form seeking legal advice? After lots of delays I got a reply in writing from someone in the union the advice was grossly flawed and spelling mistakes etc. Also stating I had no case. I complained about the advice and asked what solicitor wrote this. The reply would not tell me and the letter first said legal advisor, solicitor and then finally lawyer. I don't think this has been looked at all and if so grossly wrong. I have complained to the union because my insurance has accepted my case along with a high ranking solicitor that I have a very strong case. I have received a answer to my complaint with comments like "you raided x number of points and we are not answering as they are unclear and your opinion". Also stating the as they call it now the "legal advice" between unison and the solicitors is confidential and refuse me to see it.
My question is surely if a solicitor is approached under someone's name and situation then surely they have a right to see it I had to sign the forms requesting advice. Surely I have every right to see it?
Thank you


 

 

Expert






 


From Alex W






15 May 2016 21:39 (GMT/GMT)





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

Just to be lear, who instructed the Solicitor, you or Unison?
Alex









 





You replied




16 May 2016 00:00 (GMT/GMT)





I had to fill in a legal advice form which I handed to the union who in turn alegedly handed it to a solicitor. This service is part of my monthly fees i pay to the union





 

 






Expert





 

 

 





From Alex W



16 May 2016 07:41 (GMT/GMT)





Thanks. Do you have any contract direct with the Solicitor?





 









You replied




16 May 2016 08:34 (GMT/GMT)





No. I was thinking under data protection. Could I not just request it as it has my name on it and it's about me?





 

 






From Alex W



16 May 2016 08:38 (GMT/GMT)





Ok - I was just thinking whether you are entitled to a copy under any retainer or privilege. But under the DPA you are entitled to documents which relate to you.

Therefore you should ask for a copy of documents under the DPA. They have 40 days to provide them, failing which you are entitled to complain and seek advice from the Information Commissioner at; www.ico.org.uk

Can I clarify anything for you about this today please?
Alex


Submitted: 11 months ago.
Category: Law
Expert:  Ash replied 11 months ago.

Hello and thanks for asking for me.

Did you report this to the ICO?
Alex

Customer: replied 11 months ago.

Hi not yet as I presume the ICO would not be interested till they officially answered in writing? They man asked me to email my request to him today? also side question is the 40 days from the first one i sent or this one?

Expert:  Ash replied 11 months ago.

40 days from the date you sent the request. Usually privilege would apply, but this is information held on you with you as the potential client.

You should complain to the ICO once you get the final response.

Can I clarify anything for you about this?
Alex

Customer: replied 11 months ago.

In emailing the request to him should I state I do not accept that this request is covered under privige or just await the response?

Expert:  Ash replied 11 months ago.

Correct. Does that clarify? Alex

Customer: replied 11 months ago.

Sorry Do you mean I should state that i do not accept its previlage or say nothing and just put the request in?

Expert:  Ash replied 11 months ago.

Both. Alex

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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