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Jean-Yves Gilg

Editor, Solicitors Journal

What the Hec?

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What the Hec?

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Catherine Burtinshaw joins the mafia

It's not often that I'm rendered speechless but a recent letter from an opponent had precisely that effect. I've been corresponding with various fee earners at this particular firm for two and a half years now. I have tended to send letters by both email and post from the outset, using whichever email address appears on their most recent letter. I hope you'll agree it all sounds pretty sensible so far.

Things went rather wobbly recently, when after a silence of over four months I received a letter requesting documentation from us which they required to comply with a court order in separate proceedings. The date for compliance was in just three days. I drafted a response at the first opportunity to advise that we did not have the documents sought.

Before responding, I had contacted my client to ensure that he did indeed not have the documentation in question, only to be told that my opponents had telephoned his office that morning to ask the same question. Hmm. Anyone else sense a Solicitor's Code of Conduct breach here?

I phoned the solicitors immediately after talking to my client and asked to speak with the individual whose name had been given as the contact in their most recent correspondence. I was advised that he was in a meeting and therefore emailed him a letter both dealing with their document request and asking for a written apology in respect of the code breach.

Lost for words

I heard nothing for a further five days and so sent a chasing email to the same individual. They responded by fax the following day with an apology. As far as I was concerned, this was an end to the matter'¦ but no. A day later I received a fax addressed to me personally (all previous correspondence in both directions had been 'dear sirs') from the firm's managing partner. It first echoed the apology but then in a rather large U-turn said that my behaviour in directing my initial telephone enquiry, emailed letter and chasing email to their named contact fee earner was quite inappropriate and amounted to hectoring a junior member of their firm. Pardon?

I consider myself pretty well read, but don't recall ever having come across this phrase in everyday use before. Having studied English literature at A-level and counting both it and its bedfellow English language at GCSE among my qualifications, I got that I was being accused of effectively harassing someone. In fact the dictionary definition puts it rather more strongly, as bullying. I didn't like that one bit.

After spewing vitriol, venom and threats to report their firm to the SRA for the original breach into the dictaphone, which I always find most therapeutic, I heavily edited my furious written self and deleted all dark promises before asking a colleague to cast an impartial eye over my response. This all ensured that it eventually went in measured terms and very politely made the point that if certain fee earners are deemed too junior to receive correspondence then perhaps their email address should not appear on letters.

I have continued to stew, however, as while bullying can certainly not be listed as one of my unpleasant traits I am notorious for bearing grudges. In trying to eke something positive out of this experience I turned to Google, which I often find an invaluable research tool. It informs me that there is an entire website dedicated to Hector '“ The Legend of The Hero (www.hector.com, if you're interested). He was one of the most important characters in Greek mythology and a Prince who fought with courage and nobility in the Trojan War. I can swallow the comparison a little better on that basis.

Good vibes

On a more positive note now that my rant is out of the way, I would like to wish you all a happy new year. Mine has started well on the work front as I've just emerged from an energy-zapping all-day settlement meeting, which was a success '“ so 15 lever arch files can be removed from my cabinet and to do list. Let's hope that's an indication of the vibe which 2011 has in store.

I'm also in the process of organising a work social event for the amusingly-named MAFIA (Manchester Associates Forum in Action) to liven up what can otherwise be the rather grey and anti-social month of January. To counter the further imbibing and feasting which that will entail, on the healthy side I am once again coordinating the firm's entry of 20 staff into the annual Manchester 10k run in May, for which my training really must start this weekend.

I did, however, enjoy a true break over the festive season as my firm this year decided to close all offices between Christmas and new year. My system password also chose the same period to expire so I couldn't even check my emails from home '“ passwords cannot be changed remotely. I surely deserve ten out of ten for trying though.

On the basis that I will do my best to only absorb and exude positive karma as 2011 really gets underway I will now plough on in my courageous and noble fight to keep both my red tasklist and my stress levels to a minimum. May you all enjoy a similarly Greek God-reflecting month.