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Buachaill, Barrister
Category: Law
Satisfied Customers: 10975
Experience:  Barrister 17 years experience
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Recently a friend of mine had a dispute with her employer,

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Recently a friend of mine had a dispute with her employer, and so stopped to work. Her boss took to Facebook and began to be abusive, and insulting. She decided to reply and openly dispute further his insults. This result in a letter from a solicitor instructing her to stop doing so, but also contain insults within the solicitors letter also. Her former employer is using his solicitor to bully her. What can she do about this?
1. Here, your friend should make a complaint about the solicitor to the Solicitors regulation Authority ( as what the solicitor is engaged in is a breach of the Principles of the SRA and the Code of Conduct for solicitors. It is unprofessional conduct to insult a person with whom the solicitor is dealing with in a professional capacity. A solicitor owes a duty to act in a professional manner to all people. This rule applies even where the solicitor is repeating the words of his client, as here. So get her to make a complaint.
2. Secondly, to state something false about a person which lowers their estimation in the eyes of people is defamatory. So here, if the solicitor has stated something false about your friend, she should consider suing in defamation. Insults are not considered defamatory as they are merely considered "vulgar abuse". However, if the solicitor has gone beyond tossing insults and stated something false, your friend has a case in defamation against the solicitor. Here she should consider suing for damages.
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