Ombudsman and SRA

[jeffery]

I recently implicated a solicitor under clause 10.01 of the SRA code of practice. I had represented myself and 5 other leaseholders at an LVT and despite winning the hearing I had clearly been taken advantage of by the landlord's solicitor and the fact I did not have professional legal representation due to the costs which at an LVT you are unable to recover even if you win. The SRA later supported by the Ombudsman said that a solicitor should only act in the best interest of their client despite the fact this is in direct contradiction to clause 10.01 of their own code of practice-see below. I wouldn't disagree with this accept it contradicts their own code so why have a code if you don't uphold it?
Furthermore in the lead up to the LVT the solicitor sent me a letter citing incorrect legal information on behalf of the client. The Ombudsman and SRA said a solicitor was not just entitled but obligated to do this if instructed to do so by his client.
So basically the SRA and Ombudsman don't uphold their own code and actually support solicitors mis-informing the other party. I'm writing this to warn others that the SRA code isn't worth the paper or web-site it is written on and that no wonder public trust in the law is at an all time low given the Ombudsman and SRA actually support solicitors giving out incorrect legal information even when they know it is incorrect for the benefit of their client. The sooner this quango is disbanded the better.
PS I will scan in the response and post it here soon.
10.01 Not taking unfair advantage
You must not use your position to take unfair advantage of anyone either for your own benefit or for another person's benefit.
Guidance to rule 10 - Relations with third parties
Not taking unfair advantage - 10.01
1.
Rule 10.01 does not only apply to your actions which arise out of acting for a client. For example, if you are personally involved in a road accident and use your position as a solicitor unfairly to harass or intimidate the other motorist, you would breach 10.01.
2.
Particular care should be taken when you are dealing with a person who does not have legal representation. You need to find a balance between fulfilling your obligations to your client and not taking unfair advantage of another person. To an extent, therefore, 10.01 limits your duty to act in the best interests of your client. For example, your duty may be limited where an unrepresented opponent provides badly drawn documentation. In the circumstances you should suggest the opponent finds legal representation. If the opponent does not do so, you need to ensure that a balance is maintained between doing your best for the client and not taking unfair advantage of the opponent's lack of legal knowledge and drafting skills.
1.06 Public confidence
You must not behave in a way that is likely to diminish the trust the public places in you or the legal profession.
Public confidence – 1.06
10.
Members of the public must be able to place their trust in you. Any behaviour within or outside your professional practice which undermines this trust damages not only you but the ability of the legal profession as a whole to serve society.