NSW Can the Other Party's Lawyer Refuse to Communicate with Me?

[sickofbadbehavior]

Hi. A few months ago, a solicitor in Tamworth wrote to myself and my father, separately. The letter basically made allegations regarding one of my dad's old friends who informed us via a letter to my sister that she was being abused by her family. Being worried, we drove to Tamworth, saw her, made a report to police, she was interviewed by police and she ended up coming to stay at my place for a week or so. To cut a long story short, when the friend returned to Tamworth (weeks later) her and her "abusive family" went to a solicitor who wrote us the letters.

Basically, the solicitor said we were to stop all contact with this friend and that she now insists that none of what the friend said or wrote to us was true we made it all up in an attempt to make trouble and if we persisted in telling these wild allegations to others they would take legal action against us. It was also alleged that whilst the friend stayed with me, I mistreated her badly.

My family and I are shocked and appalled. (The friend's husband is an artist and had an exhibition of his work - maybe he was worried that being found out as an abusive husband was not going to sell his paintings - who knows!) Wanting our good names cleared, I replied to the solicitor in writing giving evidence by showing that the slanderous allegations she made on behalf of her clients is totally unfounded and that I am stunned that she would send such letters without herself researching the background - E.g. copy of police report, etc. So after not having a reply to my letter from the solicitor, I phoned the lawyer's office in Tamworth late today and I must say the reception I received was unecessarily unpleasant.

When I explained who I was and what I was calling about, she got really huffy and said that if I wanted to talk to her I would have to do so through a solicitor. Is she for real?!!

I assume if I am acting for myself, she is required to communicate with me - why do I need a solicitor to communicate for me? Is she allowed to refuse to talk to me regarding her letter to me.

I am horrified. is this how the law works? Please someone tell me - quote the law to me - is she obliged to communicate with me over this issue that she raised, not me, why does she insist I need a solicitor?

Help - I am so fed up with being a caring nice human being and being walked over by people and the mean solicitor is the last straw for me.

 

[rebeccag]

Hi @sickofbadbehaviour
I think you can stand your ground, and perhaps kindly remind the solicitor of the following:

• The Law Society of New South Wales sets out "Guidelines for solicitors dealing with self-represented parties" (that I suggest you read through in full) which includes that:

"The Revised Professional Conduct and Practice Rules 1995 and the Law Society’s Statement of Ethics require solicitors to act fairly and
honestly towards the courts and tribunals, the profession and third parties, including opposing parties representing themselves in contentious and non-contentious matters."

• This NSW Law Society Booklet also sets out further commentary about the guidelines.
• So my understanding is that Rule 33 of the New South Wales Professional Conduct and Practice Rules 2013 (Solicitors’ Rules) "Communication with another solicitor's client" wouldn't apply because you're self-represented.