The Law Society Consumers Complaints Services that acts for the Protection of Lawyers

3 August 2003

The Service Manager
3rd Floor
Sunlight House
Quay Street
Manchester M3 3JZ

Dear Sir

Re: Complaint to : Office for the Supervision of Solicitors
Against : Thos Boyd Whyte Solicitors

Congratulations on your failure to implement, in my case, any of the 'rules' or whatever you refer to them as in "The Legal Services Ombudsman explained". I have in the past quoted this 'little blue book' all to no avail, however I must follow it to it's conclusion.

The last paragraph in this 'little blue book' is headed: - "How can I complain about the Legal Services Ombudsman's Office?" It goes on to say, "Although you can't appeal against the Ombudsman's decision, you may be concerned about the way your complaints were dealt with. If you are not happy with the service you received from the Legal Services Ombudsman, you should write to the Service Manager" at which point I am at now. I believe in my pasted correspondence I have made my dissatisfactions very clear on the points that the OSS and the Ombudsman have refused to address and I will not bother going over old ground just refer you to the main points in my letter dated 10 June last.

I have enclosed some documents copied from 'The Law Society's' website and I notice from this information the OSS were in a position to give help and advice, including the possibility of one hours free advice "about whether they think you have a legal claim for negligence in the courts" and for reasons known only to themselves they avoided informing me of this service. First I don't believe there can be any doubt from the available information that TBW were 'negligent'.

What happen next? Well after 18 months, as the OSS was ignoring me, I resorted to seeking advice from a Barrister, now this Barrister and/or my solicitors at that time, Panesar & Co who are supposed to keep my affairs 'confidential', must have contacted the OSS to inform them I was seeking legal advice, or on the other hand did the OSS contact Panesar & CO, otherwise how did the OSS know I was seeking advice when they wrote to me on 20 November 2000 the first time since 7 June 1999?

Let us just refresh our minds of the facts surrounding Mr Higgins' opinion report. As you and the OSS know from my file I rejected this opinion as it was based on 'hearsay' and not facts, in a letter Ann Abraham wrote to me dated 18 December 2001 it stated: - "I appreciate your concern about inaccuracies in Mr Higgins' opinion. Clearly, inaccuracies are regrettable, and can give rise to concerns about the extent to which other content can be relied upon". I believe Ann Abraham's comments clearly show Mr Higgins' opinion report could not be relied upon.

Two issues I believe need to be addressed is the collusion between TBW and the OSS on 6 June 2000 and the passing of clients information between either Mr Higgins QC and/or Panesar & CO to the OSS. I believe this issue comes under: -

"Can I complain about a solicitors professional misconduct"
· not kept your business confidential

A quote from the "Client's Charter" under the heading 'A solicitor will':- "keep what you tell them confidential", it appears a lot of 'blather mouthing' goes on between members of the Law Society. Remember the OSS are at the centre of this 'misconduct' and they must answer for their actions. Both these points have been mentioned in previous correspondence and haven't been dealt with. I have read rule 16.02 'Circumstances which override confidentiality' and I cannot find anywhere that it allowed for solicitors to pass client information between each other or to third parties (OSS) without the client's specific consent.

If you visit my website you will find on the 'news' page there is a copy of a letter I have sent to Kevin Martin, "Rules Enforcer", to get his opinion on the 'Client Care Agreement' letters.

Just to finish I will make a quote from the final paragraph of the ombudsman's 'little blue book': - "The Service Manager will try to acknowledge your complaint within two days, and send you a full written reply within 10 days…" I can't wait.

Yours sincerely

B R Gray

See 'Legal Eagles' http://www.solicitorsfromhell.com/Legal-Eagles.htm

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