Writing letters "without prejudice"

Jer1

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Can someone lend there expertise to the following - the solicitor for the defendant is communicating with me with proposals to solve a dispute before it reaches court. he is writing his letters "without prejudice". can i refuse to acknowledge these letters unless "without prejudice" is removed? all my letters have been written without including "without Prejudice". what would be his reaon be for writing lettters like this?

any help would be appreciated.
 
A statement set onto a written document such as a letter, which qualifies the signatory as exempt from the content to the extent that it may be interpreted as containing admissions or other interpretations which could later be used against him or her; or as otherwise affecting any legal rights of the

http://www.duhaime.org/LegalDictionary/W/WithoutPrejudice.aspx


Allows him to communicate in writing without anything he writes been later used against him or his client. Think that's the jest of it.

I suggest you should do the same. Mark your letters ditto if its not too late.
 
i am the plaintiff. if the solicitor for the defendant writes a letter to my solicitor headed 'without prejudice'. does my solicitor have to:

1. reply to this letter
2. can i use this letter later in future correspondence or in court

Thanks in advance to anyone that can help
 
i am the plaintiff. if the solicitor for the defendant writes a letter to my solicitor headed 'without prejudice'. does my solicitor have to:

1. reply to this letter
They would probably respond in some manner.
2. can i use this letter later in future correspondence or in court
No.
 
Referring to ' A guide to professional conduct of solicitors in Ireland' - 'Failure to reply to letters' it says a solicitor should always answer letters from another solicitor, in particular those which make inquires on behalf of a client.

The letter that was written 'without prejuidce' by the defendants solicitor to my solicitor was clearly making inquires on behalf of the client and the inquiry was also in the best possible interest of the client. So my question is does my solicitor have to answer the letter?
 
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They would answer it but whether they put without prejudice on it is a matter for them.
 
I would prefer it if my solicitor did answer this letter. So my solicitor should answer the letter and then it is upto him to write it without prejudice or not.
 
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Jer1 you are paying your solicitor good money to advise you. Is there any reason that you are not comfortable talking to him about all of this??
 
He wont be getting paid if he does'nt do his job ha ha.

The solictor for the defendant has raised a VERY important issue by letter regarding the proceedings that I have been advised to initiate. My solicitor is not replying to this letter. all this 'without prejudice' stuff is making me uneasy and suspicious.
 
Jer you really need to talk to your solicitor - he will not be able to represent you well if you don't have an honest dialogue with them. Letters are written without prejudice when the writer does not want the other side to be able to exhibit a letter in court. There are many reasons why someone might want to do this. Your solicitor will advise you as to how best to deal with the letter - there may be tactical reasons not to respond to it at this time.

Take some responsibility here. You are instructing this solicitor. You will have to pay his bill. You are wasting his time and your own if you won't talk to him openly about your concerns.

Kate.
 
I have actually written a letter to him myself raising the same issue as the defendants solicitor and he wont answer my letter either. I wonder who should be honest with the dialogue!!

Anyway I guess my only option is to let him go and take charge of the proceedings myself.
 
Jer you really need to talk to your solicitor - he will not be able to represent you well if you don't have an honest dialogue with them. Letters are written without prejudice when the writer does not want the other side to be able to exhibit a letter in court. There are many reasons why someone might want to do this. Your solicitor will advise you as to how best to deal with the letter - there may be tactical reasons not to respond to it at this time.

Take some responsibility here. You are instructing this solicitor. You will have to pay his bill. You are wasting his time and your own if you won't talk to him openly about your concerns.

Kate.
+1 very good advice. Clients that "hide" things from solicitors are fools.
 
sorry for butting in. I once wrote to a solicitor and headed it WP. The solicitor wrote back and said it was not WP and was on the record. Can he do that?

I thought it was up to the judge to decide if a letter was WP as, to my knowledge, I stand to be corrected, WP only applies if one is genuinely trying to come to an agreement
 
I have actually written a letter to him myself raising the same issue as the defendants solicitor and he wont answer my letter either. I wonder who should be honest with the dialogue!!

Anyway I guess my only option is to let him go and take charge of the proceedings myself.
If you are not happy with solicitor get another one. i was involved in an issue, the solicitor said she would be unable to make enquiries on a certain issue which even i knew how to do. I wrote to head honcho in the firm and asked him did he want the case or not and that if she could not do it i would go elsewhere. Got done then, successful outcome too
 
sorry for butting in. I once wrote to a solicitor and headed it WP. The solicitor wrote back and said it was not WP and was on the record. Can he do that?

I thought it was up to the judge to decide if a letter was WP as, to my knowledge, I stand to be corrected, WP only applies if one is genuinely trying to come to an agreement
You can only use WP when discussing a settlement.

You can't admit liability via WP. It cannot be used as a device to hide evidence.
 
I didn't say that. Some people try to be smart with WP.

Unless you are discussing a settlement any other chit chat etc is on the record.
 
I didn't say that. Some people try to be smart with WP.

Unless you are discussing a settlement any other chit chat etc is on the record.
OK i am too smart to try to be smart when dealing with a solicitor. he was claiming to be doing something he had no right to do, being a bully but not any more
 
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