CRO case study: keep it professional
1 Feb 06
What can happen when a solicitor is drawn into a family dispute and loses focus on their professional responsibilities
A recent case has highlighted what can happen when a solicitor is drawn into a family dispute and loses focus on their professional responsibilities.
In this case, an elderly married couple instructed a firm of solicitors to prepare welfare powers of attorney appointing one of their sons as welfare attorney. Shortly afterwards their second son began to take charge of looking after the parents.
The second son emailed a different solicitor from the one who had prepared the welfare power of attorney and instructed him to prepare revocations of the WPAs. His email alluded to differences between the brothers about the care and welfare of the parents. He also suggested that his parents had signed the documents without knowing their exact nature or effect.
The solicitor accepted the instruction from the second brother to prepare the revocations. This was done in the knowledge that the WPAs had been prepared by another solicitor, that the other brother had been appointed welfare attorney, that there were differences of opinion about the arrangements for care and welfare of the parents and that there was a dispute between the two brothers.
The second solicitor prepared letters of revocation and sent them to the second brother without seeking or obtaining direct instructions from the parents as to the preparation of these letters of revocation. Moreover the second solicitor did not verify the capacity of the parents to grant these revocations. He did not advise the parents prior to their executing the revocations of either the nature of the documents or the consequences of revocation. After signing the revocations the parents subsequently instructed the first firm of solicitors to reinstate the WPAs at the parents’ expense.
The solicitor has been found guilty of professional misconduct in respect of this failure to ascertain from the clients that he had their instructions to prepare the revocations and his failure to explain to his clients the nature of them and the consequential effect thereof.
This case study highlights the need to be clear in recognising exactly who the client is when taking instructions (in this case the parents) and preparing documentation. It also stresses the importance of giving proper advice to the grantor of any deed about its terms and possible impact and consequences. Most of all it highlights the dangers of getting involved with a family or personal dispute and how important it is never to lose sight of your professional duties as a solicitor.
Mary McGowan, Client Relations Office (0131 476 8172)