Findlay Steele Associates Ltd

Are their own solicitors confused or just mistaken?

On 15th October 2001, we agreed to update this page and amend the names to protect to the guilty....

The following e-mail was duly acknowledged by the recipient two days later.

To: "withheld" <withheld@<withheld.com>
From: elaine.findlay@fsa.co.uk (Elaine Findlay)
Subject: RE: Misdirected E-mail

Dear John,

Further to our telephone conversation this evening, I am writing to confirm the following facts:

1. Around 17:50 this evening, 20th June 2001, I received an e-mail from your address entitled '.....'. It included three attachments. It was addressed to @fsa.co.uk, @fsa.co.uk, @<withheld> and copied to @<withheld>.

2. I 'bounced' the e-mail back to you with my usual response which goes:

"May I suggest that if you are trying to contact someone at the Financial Services Authority you use the domain name fsa.gov.uk?

Best regards
Elaine M. Findlay
Findlay Steele Associates Ltd
Owner of domain name fsa.co.uk"

3. Just after 18:00 this evening, I received an acknowledgement e-mail from you thanking me for my 'bouncing back' and requesting that I destroy/delete the e-mail and attachments. This I did, and replied saying 'It has been done'. I also deleted the deleted files from my 'recycle bin'.

4. Around about 19:00 this evening, I received an e-mail from you asking if I would phone you or if I would e-mail you my phone number so that you could phone me. I duly phoned you.

5. During that phone call, I confirmed that I had not read the attachments. (Indeed I wondered what was in them to cause such a fuss - I'm still curious...) I now confirm this in writing. I also confirmed that I have deleted the attachments from my 'recycle bin'. Since our phone call, I have discovered that my e-mail package has it's own 'recycle bin' and can now confirm that I have deleted the body of the original e-mail from that too.

6. During the phone call, I also confirmed that I am the only person that 'collects and inspects' any misaddressed e-mails. I also stated that they were collected on a 'stand-alone' PC which was not networked. On reflection, I would retract that statement and say that e-mails are collected on one PC only which is connected via a network card to another PC about 20 feet away. However, all downloaded documents and e-mails are stored on the PC which I use to access e-mail.

7. I reassure you that all copies of the original e-mail and attachments have been deleted as far as is humanly possible without actually scrubbing a hard drive completely or scrubbing the mail server drives of my service provider. However, I will retain a copy of this email both in paper form and on disk just in case it is needed in the future.

8. During the phone call to you, I mentioned the fact the 'other FSA' has recently called in the dispute resolution service of Nominet UK over the domain name that my company, Findlay Steele Associates Ltd, enjoys has registered in good faith.

9. I also mentioned that I may like to use you as a witness to the fact that my company have handled a mis-addressed, clearly seriously confidential (you mentioned legally privileged information) e-mail with the utmost discretion and good faith. I would be grateful if you will confirm that fact via e-mail.

10. If you need to contact me on this matter further, I can be reached during the day, usually between 08:15 and 16:00 on withheld or via e-mail which tends to be checked and picked up between 5pm and 7pm on the days I'm not in my office.

11. I would be grateful if you will e-mail me to acknowledge this e-mail and confirm the facts stated in it.

Best regards
Elaine M. Findlay
Director
Findlay Steele Associates Ltd
Owner of domain name fsa.co.uk

The question that misdirected incidents like this poses is why on earth didn't the solicitor concerned double check the address before sending it. Also if it's that seriously legally privileged, why on earth isn't it being encrypted?

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