Solicitor faces probe over conduct judge called 'outrageous'

The Law Society will investigate a complaint against a solicitor who represented a woman in her divorce despite having received confidential information from her husband when he was considering engaging the solicitor as his lawyer.

The society's president, Huen Wong, said it would begin investigating immediately while at the same time giving the lawyer a chance to state his case.

Wong was speaking after the Court of First Instance found on December 24 that the solicitor, Christopher Erving, had committed a breach of confidentiality and directed the Law Society to initiate disciplinary proceedings against him.

The case involves the divorce of Susan Berry, a doctor, from criminal barrister William Allan. Berry filed for divorce in 1994. The court proceedings that followed have been described as 'extremely acrimonious'.

Erving represented Berry even though before that, Allan's sister had revealed confidential information, including about Allan's stance and tactics in relation to the proceedings, when asking Erving about the possibility of his acting for the barrister.

Allan sued Erving and his law firm, Ng & Co, for exemplary damages. In the court's ruling on December 24, he won HK$2.14 million.

Wong said the Law Society had opened a file on Erving in response to a complaint made in 2004 but that it had been put on hold pending the outcome of Allan's suit against the solicitor. The society would now re-activate the file, he said.