(unnamed respondent)

Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision

Laura Hudson, a prospective client, complained that solicitor Stephen Kennedy breached confidentiality by writing to her estranged brother (the executor of her late mother's estate) disclosing her enquiry, and that his correspondence misstated what had occurred. The Law Society's PCSC took no action. On appeal, the Tribunal found the PCSC had made an error of fact and law by failing to consider the duty of confidentiality owed to a prospective client. It held the breach amounted to unsatisfactory professional conduct, quashing the determination and upholding the first complaint, while confirming no action on the second. No dishonesty was found. The solicitor was directed to pay £500 compensation for inconvenience; no expenses were awarded to or by either party, and publicity naming the solicitor and Appellant was ordered.

Duties found breached:

• Uphold public trust in the profession
• No acting against a former client

Aggravating factors:

• Appellant had specifically raised confidentiality concerns and noted she was estranged from the executor
• Confidentiality is a fundamental, underpinning obligation with potential to damage the reputation of the profession

Mitigating factors:

• No evidence of bad faith or recklessness; likely an error where the solicitor failed to consider in what capacity he was acting
• Isolated/one-off error