Solicitors Regulatory Authority – “Gathering Information” Over Alleged Gerald Shamash Letter to @Women4Wes

As a Conservative law blogger, I read left-wing Labour blog the Skwawkbox surprisingly often, usually in an attempt to convince Labour-backing family members that Keir Starmer is a bad man and they should consider that, “other” party. Earlier today, I happened to notice a story about a Twitter account called @Women4Wes and a letter the operator had allegedly received from solicitor Gerald Shamash from Edwards Duthie Shamash. The letter was so plainly deficient that I reported it to the SRA, since if he really wrote it, I felt it should be investigated as a conduct issue. The SRA have now confirmed they are gathering further information. At the same time, Edwards Duthie Shamash (EDS) have contacted me saying that the letter is a forgery, which I find to be a plausible explanation. Either way, someone is in trouble.

A letter allegedly from Gerald Shamash, solicitor, to a Twitter user. The letter opens by purporting to be an order.

A letter allegedly from Gerald Shamash, solicitor, to a Twitter user. The letter opens by purporting to be an order. Mr Shamash’s law firm, EDS, say it is forged and he did not write it.

This is a really bad solicitors letter. So bad, I was not certain that a real solicitor wrote it. The letter does not clearly identify a head of claim, although it refers to harassment and content which, “infringes” on their client’s character. It does not refer to a statute or to my mind comply with adequate clarity with the Practice Direction on Pre-action Conduct or any pre-action protocol. For example, I am not clear how a site called, @Women4Wes can be said to be pretending to be Wes Streeting. If I was writing this letter for myself or someone I was charitably assisting as a McKenzie Friend, I would comply fully with the Pre-action Protocol for Media and Communications claims. There would probably be a schedule of harassing tweets and also defamatory tweets.

However, the real flaw is in the opening five words, “This CEASE AND DESIST ORDER […]. I’m a gonna lay it out there. This letter is not a court order. Solicitors generally do not and cannot make, “cease and desist” orders. Judges do. Anyone with a reasonable familiarity with the legal system should know this and critically, a solicitor ought to know this is not appropriate. A legally ignorant, poorly educated, recipient might well confuse this with a court order such as a restraining order. It is on headed notepaper, apparently from a real firm of solicitors. It looks, “official”.

That is not to endorse the @Women4Wes account, which has to my mind made some very unwise posts. I did see, within moments of reading it, what I thought was an actionable post (albeit, not actionable by Mr Streeting). That is no excuse for this letter. If I was an aggrieved politician and I paid a solicitor to write a letter and they sent me this as a draft I would terminate the instruction on the spot citing a loss of confidence in their competence and then I would demand a full refund of the retainer.

I put the allegation to Gerald Shamash of Edwards Duthie Shamash and to his senior partner, Shaun Murphy, asking if they really wrote this letter. I received a letter from an associate denying it. I also put the allegation to the SRA press office. Taking my points, they confirm that they are looking into the matter. An SRA spokesperson said: “Now we aware of this, we will gather all relevant information before deciding on any next steps.”

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This entry was posted in Free Speech, Human Rights, Labour, Law, Samuel Collingwood Smith, Twitter by Samuel Collingwood Smith. Bookmark the permalink.

About Samuel Collingwood Smith

Samuel Collingwood Smith was born in the north of England, but his family moved south early in his life and spent most of his early years in Hertfordshire before attending Queen Mary, University of London, where he studied Economics. Sam currently lives in the southeast of England. Smith was employed as a Labour Party fundraiser in the 2001 General Election, and as a Labour Party Organiser in the 2005 General Election. In 2005 Smith was elected as a Borough Councillor and served for 3 years until 2008. In 2009 Smith changed sides to the Conservative party citing division within Labour ranks, Labour broken promises and Conservative improvements to local services. In 2012 Smith started to study a Graduate Diploma in Law, passing in 2014. Smith then moved on to studying a Master's Degree in Law combined with an LPC, receiving an LL.M LPC (with Commendation) in January 2017. During his study, Smith assisted several individuals in high profile court cases as a McKenzie Friend - in one case being praised by Parliamentary petition for his charitable work and legal skills. Smith is also the author of this blog, Matthew Hopkins News, that deals with case law around Family and Mental Capacity issues. The blog also opposes online drama and abuse and criticises extreme-left politicians.

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