If a lawyer has been struck off and convicted to the point of imprisonment, and the family continues to rely on their advice or influence, it raises both legal and protective concerns. Here’s what to know and how to approach it safely:
1. Understand the Risk
- No legal authority: A lawyer in prison cannot provide valid legal advice.
- Potential criminal influence: Any instructions or advice from someone convicted could constitute illegal or fraudulent action if acted upon.
- Family risk: If others are acting on that advice within the family (financially, legally, or in court), you could be indirectly affected.
2. Document Everything
- Record any instance your ex or family has referenced advice from this person.
- Note dates, content, and impact on decisions.
- Keep all communications, agreements, or instructions that were allegedly given.
Documentation is key for lawyers, courts, and regulators.
3. Inform Your Lawyer Immediately
Provide full context, including:
- The lawyer’s conviction and imprisonment.
- How your ex is continuing to rely on them.
- Any decisions or actions that might have been influenced.
Your lawyer can then:
- Assess impact on existing agreements or filings.
- Seek court directions or oversight to prevent harm.
- Advise on whether this should be reported to authorities.
4. Protect Yourself in Court or Negotiations
- Never rely on advice coming from the imprisoned or struck-off lawyer.
- Ensure all decisions are reviewed by licensed, independent professionals.
- Request the court acknowledge the potential conflict or invalid guidance.
5. Notify Relevant Authorities if Necessary
- A lawyer in prison is legally prohibited from practicing.
- Continuing to act on their advice may be illegal or fraudulent.
- Your lawyer can advise whether to inform:
- SRA (Solicitors Regulation Authority)
- SDT (Solicitors Disciplinary Tribunal)
- Law Society
- Court or relevant regulators
6. Keep Personal and Emotional Safety in Mind
- This situation can feel threatening or overwhelming, especially if the family relies heavily on the imprisoned lawyer.
- Focus on protecting your legal, financial, and emotional interests.
- Avoid direct confrontation — let your lawyer or authorities handle it.
Key Takeaways
- A lawyer in prison cannot give valid legal advice.
- Any ongoing reliance by your ex or their family is a risk to your rights.
- Document, inform your lawyer, and let licensed professionals manage the legal response.
- Protect yourself financially, legally, and emotionally.
- Regulatory authorities can investigate if there is misuse of influence.
