Day 44 (week 9): Off the case

The Boss received a call from the Head Clerk this morning telling him that he’d been taken off the case which he had had the conference on yesterday.

The Boss is starting to get a little jittery. He rang the Bar Council anonymously this morning to look into his professional position. It seems that he should probably have considered withdrawing from the case at the moment he heard that such an arrangement was in place. At the very least he should have stopped the conference so that he could consider his position further before continuing. By not doing so he has left the client with the impression that the arrangement is perfectly legal.

The person at the Bar Council went even further than this though and suggested that the Boss himself may have been the victim of a wider scam perpetrated by the solicitor. By contriving the situation the Boss found himself in the solicitor took a calculated risk that the Boss would at worst say nothing, leaving the solicitor with implicit approval for his scheme from an eminent barrister.

I almost felt a little sorry for the Boss. He was truly between a rock and a hard place at this stage. Not to say anything to the client would leave him with the wrong impression. It would also leave the Boss implicated in the deception as well as leaving him open to a complaint in the future. However, to say anything whatsoever to the client would mean that he had contravened his duty to his solicitor client and expose the conflict of interest. Furthermore, his duty of confidentiality to his solicitor forbade him from putting in any sort of complaint or raising an investigation.

As far as he could see, all he could do was to sit tight and hope the client didn’t spot it. Then at least he’d be alright even if the client was then over £165,000 down.

Sometimes professional rules can have strange consequences.

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