Solicitors firm v Me

[nick20045]

Quick question please.

 

Can a Solicitor firm be subjected to a Subject Access Request?

 

I have read the Data Protection Act and cannot find anything that say they cannot be sent an SAR but I just want to make sure I am correct.

 

Thanks in advance for replies.

 

p.s. I should be able to win the case because they never gave me a Rule 15 Client care letter but, I want to know some more information so I can defend the summons they are threatening me with. (Unprofessional services. The solicitor was not interested in looking after client but interested in how much money he can make. One comment he once made that really offended me was "With the amount of money I charge per hour, I have a lot of time to sell").

[Monty2007]

Quick question please.

 

Can a Solicitor firm be subjected to a Subject Access Request?

 

I have read the Data Protection Act and cannot find anything that say they cannot be sent an SAR but I just want to make sure I am correct.

 

Thanks in advance for replies.

 

p.s. I should be able to win the case because they never gave me a Rule 15 Client care letter but, I want to know some more information so I can defend the summons they are threatening me with. (Unprofessional services. The solicitor was not interested in looking after client but interested in how much money he can make. One comment he once made that really offended me was "With the amount of money I charge per hour, I have a lot of time to sell").

 

In short no. The information that they hold is legally privileged and subject to lawyer-client relationship. However if you are their Client then you can request a copy of the information but they may charge for this.

[nick20045]

In short no. The information that they hold is legally privileged and subject to lawyer-client relationship. However if you are their Client then you can request a copy of the information but they may charge for this.

I agree with you because I read that part.

 

I am the client so it is not privileged information. The question is, can I just send them the £10 fee? There are special fees referred to in the Data Protection e.g. fees for hospitals or fees for schools. But nothing for solicitors. Hence I would understand that they should only be paid the £10.

 

Any ideas please?

 

Thanks.

[Monty2007]

I agree with you because I read that part.

 

I am the client so it is not privileged information. The question is, can I just send them the £10 fee? There are special fees referred to in the Data Protection e.g. fees for hospitals or fees for schools. But nothing for solicitors. Hence I would understand that they should only be paid the £10.

 

Any ideas please?

 

Thanks.

 

It is worth a try to use a SAR but given that you are instructing them it is common that they would simply provide a copy of their files in the same way they would if you transfer to a new solicitor which is common.

[nick20045]

Many thanks for reply.

 

I will give it a shot. I do not take it that I am instructing them considering that the information is to be able to counter sue them when they issue the summons.

 

Thanks.

[Monty2007]

Many thanks for reply.

 

I will give it a shot. I do not take it that I am instructing them considering that the information is to be able to counter sue them when they issue the summons.

 

Thanks.

 

You previously stated you are their Client so you must be instructing them?

[nick20045]

You previously stated you are their Client so you must be instructing them?

Thanks for reply.

 

Relations broke down after the solicitor that was supposed to be doing the work decided that:

a: His interest was to line his pockets and not look after client.

b: He went against client instructions.

c: Never gave a Rule 15 client care letter.

d: Tried to get instructions which when queried as to costs would have finished with me (if he was lucky in the court) getting a total bill for something like £2,000 whereas I, instead of winning anything will finish (after the garnish was executed) with a bill of about £500 still to pay. In short, trying to get instructions to increase costs knowing that (if successful in the application) the costs of the garnish order will not even be covered by what he wanted to garnish in the first place?

 

Anyway, it is a Subject Access Request I am after. There is nothing I can see on the Data Protection Act that says that solicitors can take it as instructions or can charge a different price. Giving instructions is one thing. Sending a Subject Access Request as per the Data Protection Act is, in my opinion different.

Edited November 20, 2009 by nick20045