A question for the lawyers about legal ethics

[swansonj]

We engaged a solicitor to fight a case leading up to an Appeal to a Tribunal (SENDIST, for anyone interested, not that the specifics matter for this purpose). We have no regrets -she has a reputation as the best in her field and she has won the case for us (the other side, the Local Authority, withdrew on the morning before the Hearing date in recognition of the strength of case assembled by our solicitor).

She recommended that we engage a specific Barrister to represent us at the actual Hearing (had it happened). We have no quarrel with that - he also has a reputation as the best in the field.

We knew that she and he collaborated quite a lot. They are joint authors of one of the standard textbooks in this area. But we have now been given to understand through talking to other clients that she and he are in a relationship.

As a matter of professional ethics, should she have informed us that this barrister, in whose direction she was recommending that we put a non-trivial amount of income, was in fact her partner?

(My curiosity is academic only, we have no intention of taking any action either way)

 

[Arrowfoot]

In the past yes. Not anymore. The interesting line of development that led to this surrounds LGBT relationship and the preference for privacy by some. So now it applies to all relationships.

You however have recourse if her recommendation did not carry merit in the eyes of her fellow professionals and she did not disclose the relationship. In this case , there is merit.