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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 10705
Experience:  I have been practising for 30 years.
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A little background to my situation. My wife passed away

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Hello my name is***** little background to my situation. My wife passed away August 2014 after 38 years being together. In that time we raised my wifes daughter and son and our daughter. All children are leading their own lives. My wifes daughter is a solicitor and for nearly two years has sent e-mails/texts accusing me of sexual abuse and physical abuse and also accusing me of similarly abusing my daughters three girls. I have no idea why this
started but my daughter and I want it to end. None of the accusations are true. We do not want to take court action as this will destroy my wifes daughters career. I would welcome some advice if you are able.

Hello - you say your step daughter is a solicitor and you dont want to take action as it will possibly harm her career?

why is that?

do you see a solution without this going to involve the law at some point?

Customer: replied 3 months ago.
My wife's daughter has threatened to take court action for 2 years. It is becoming harrassment in my book. If necessary I shall complain to the Law Society. Must stop now as school run has started.

Thank you.

You are between a rock and a hard place because you say that you do not want to take court action as it will destroy your wife’s daughter’s career. Whilst that is a most magnanimous attitude to take, it’s a pity that your wife’s daughter is not as ethical!

What you are asking in effect I’m sorry to say is that how can you deal with this without actually dealing with it. You have presumably asked your wife’s daughter to cease and desist and she has simply ignored that.

I’m sorry to say, that you cannot beat her with a stick until such time as she stops. If she continues with this harassment, then you either have to take legal action or suffer it.

You can actually refer the matter to the police with a view to having her warned under the Protection from Harassment Act and threatening her with that before you actually do it would be a good idea. You can also tell her that if she carries on the you will refer the matter to the Solicitors Regulation Authority as conduct likely to bring the Profession into disrepute.

I’m afraid that if she ignores that, then you have no option but to take either or both of those courses of action. It may not affect her career if she has a formal warning from the police because it’s not a conviction or caution and she wouldn’t have to disclose it.

If she doesn’t take any notice of either your correspondence or a warning from the police, then to be quite frank and blunt with you, it comes down onto her head.

Can I clarify anything else for you?

I’m happy to answer any specific points arising from this.

Please take a moment to look at the top right hand corner of the page and rate my service by clicking one of the stars at the top of the screen. It’s important you use the rating service because that gives me credit. It doesn’t just give me a pat on the head! (Although there is an incentive scheme where the more five-star ratings I get, I do actually get a pat on the head! :-)) All you need to do is press Submit. Thank you.

If you still need any point clarifying, I will still reply because the thread does not close.

Best wishes.

FES.

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