Responses by solicitors to MPs' and MSPs' queries

Recommendation that if solicitors receive requests for information from MPs or MSPs, they seek authority from the client concerned before responding

The Journal, April 2003, page 13

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It has been drawn to the Law Society’s attention that a number of members of the profession receive correspondence either from MPs and MSPs on behalf of their constituents in relation to business that either they are carrying out or have carried out.

It is understood that in many instances solicitors simply respond to the MP and/or MSP without obtaining authority from the client.

Whilst it might be argued that a client might waive confidentiality in asking an MP or MSP to obtain information from a solicitor the provisions of the Data Protection Act may also be relevant and solicitors should consider carefully when disclosing information in terms of the Data Protection Act in particular in relation to sensitive personal data.

It is recommended that if solicitors receive requests from MPs and/or MSPs for information then the best court of action is to seek authorisation from the client to enable them to respond before any information is given to the person inquiring.

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