Solicitor abused position to campaign against cutbacks

Solicitor abused position to campaign against cutbacks

http://www.telegraph.co.uk/news/uknews/6189064/Solicitor-abused-position-to-campaign-against-cutbacks.html


A solicitor who made her name helping people fight against closures of care homes abused her position by encouraging clients to protest against cut services, a tribunal has heard.



By Chris Irvine

Published: 5:05PM BST 14 Sep 2009



Yvonne Hossack allegedly breached rules of solicitors' conduct by writing to clients, those living in care homes or their families, inappropriately encouraging them to get involved in a media campaign. The Solicitors Disciplinary Tribunal was told that she breached client confidentiality and carried out instructions on clients' behalf without their consent.



Jonathan Goodwin, for the Solicitors' Regulation Authority, told the hearing in central London: "This case is not about whether Miss Hossack is a caring individual. It is evident that she cares.





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The issue in the case is whether the way in which she has conducted herself in certain identified respects was appropriate or not, and we submit that the conduct was not appropriate and she breached certain rules of conduct."



Mr Goodwin said that Miss Hossack, 53, from Kettering, "stepped outside the role of legal adviser" when she encouragd a media and political campaign.



She also went "off on frolics of her own" by launching legal action without instructions from client, the Tribunal was told.



The hearing was prompted because councils in Northamptonshire, Staffordshire and Hull complained to the Law Society about Miss Hossack, alleging that she forced them waste time and money in court.



Mr Hossack claims to have saved at least 80 care homes from closure thanks to her previous work.



She is accused of six breaches of rules governing solicitors' conduct, including accepting instructions from third parties without seeking clarification of the position and providing confidential information to third parties. If she is found to have breached the rules she could be fined, suspended or kicked out of the legal profession altogether.



Mr Goodwin claimed she had breached the confidentiality of eight clients following a letter to the General Medical Council complaining about a doctor.



Although he said she admitted to doing so "in the utmost good faith", Mr Goodwin said: "The fundamental principle of client confidentiality should have prevented her from making a complaint to the GMC in the way she did."



He added: "Whether or not it's the right thing to do, a solicitor requires instructions and she should not have disclosed the confidential information."



Miss Hossack, representing herself, later accused a witness, Dr Peter Jefferys of Northwick Park Hospital in Harrow, of being "dangerous and corrupt" when cross-examining him.



Dr Jefferys later said the GMC had written to him saying the case that Miss Hossack was referring to did not warrant further investigation.



When questioning Dr Jefferys, about alleged inconsistencies in reports he had written, she told panel chairman Dominic Green, "I did not reveal confidential information to the GMC lightly."



She told the tribunal: "I get the feeling that you are here to end my career and ruin my reputation to protect this man."



Mr Green replied: "We are independent of the Law Society and the Solicitors' Regulation Authority and we will make sure you have your say."



Miss Hossack denies all counts against her.



The hearing continues.