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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 60595
Experience:  Qualified Solicitor
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I am consulting with Cousel through my solictor. Can i also

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I am consulting with Cousel through my solictor. Can i also contact the counsel directly.
JA: Where are you? It matters because laws vary by location.
Customer: I am in London
JA: What steps have you taken so far?
Customer: I have had one conference with Counsel accompaied by my solicitor.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: There appears to be a discrepancy in my lawyer and my recollection of Counse's opinion, advice and next steps

Hello, my name is Ben, I am a qualified lawyer and I will be assisting you with your question today.

Are you officially considered the Counsel's client or is the solicitor their client?

Customer: replied 9 days ago.
I beleive that my solicitor is Counsel's clent because (a) my solictor researched and found the counsel and (b) I paid my solicitor, Counsel's likely conference fees upfront.
Customer: replied 9 days ago.
I only want to know the protocol in these matters. Is it ethical to communicate directly with the barrister without prior knowledge and permission of my solicitor. I don't want to spend any more money than the £5.00 I have just paid.
Customer: replied 9 days ago.
Shall I wait for your answer?

OK, thanks, leave it with me please and I will reply on here later today

Many thanks for your patience. Whether this is ethical or not is very much between you and the solicitor. They may have different expectations to other solicitors and I cannot state whether they will find this questionable or not, especially as it may be a matter of personal opinion.

 

Legally, there is nothing stopping you from approaching Counsel over this and asking your questions but they may decline to share anything with you as you are not their client, even if the information is about you. To be honest, you won’t know until you have approached them see if they are willing to cooperate with you or if they simply decline for the above reasons.

 

Does this answer your query?

Customer: replied 9 days ago.
Thank you very much for your reply. Much appreciated. Would my communications with Counsel sit under the umbrella of client confidentiality i.e. not to disclose and/or discuss my communications with my solicitor.

Not yet as you are not officially their client – legally you are just a third party who has contacted them to enquire about something, you are not officially their client so such duty would not apply

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