Writing letters "without prejudice"

Time said:
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.
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The solicitor for the defendant writes a letter to the plaintiffs solicitor that more or less says the case been brought against the defendant should be brought against another party. the letter was written WP. this is clearly not a dispute or trying to reach a settlement. i think the solicitor should answer the letter plus the letter should be used in court. does someone else have an opinion on this? i would like to hear it.
 
Yes, that is an abuse of WP.

If he won't respond get someone else.
 
The solicitor for the defendant writes a letter to the plaintiffs solicitor that more or less says the case been brought against the defendant should be brought against another party. the letter was written WP. this is clearly not a dispute or trying to reach a settlement. i think the solicitor should answer the letter plus the letter should be used in court. does someone else have an opinion on this? i would like to hear it.
 
get a real solicitor
 
McCrack said:
Who exactly is your smart comment aimed at and please explain your reasoning for suggesting this?
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at the solicitor the op has, does not seem to know what to do or how to do it.my suggestion is a proper solicitor would be able to deal with it. if i had a solicitor whoses actions caused me to seek advice on a webpage i would not be long firing him. so i meant get a real solicitor who can do the job he is being paid for. and i did not think it was a smart coment just common sense. teh guy does not seem to know what he is doing
 
I'm sorry but there is nothing the OP has said that suggests any lack of competence from his instructed solicitor.

Nobody here is privy to the facts, circumstances and indeed the written correspondence between the parties so to suggest that the OP's solicitor is in some way incompetent and to say he/she should dis-engage and instruct another solicitor is silly.

You don't have enough information and I would suspect legal experience/training to make that suggestion
 
Nobody here is privy to the facts, circumstances and indeed the written correspondence between the parties so to suggest that the OP's solicitor is in some way incompetent and to say he/she should dis-engage and instruct another solicitor is silly
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if the soilicitor is competent why does the op have to post here. asking legal advice here after hiring a solicitor is like getting a dog and barking yourself. why not ask the solicitor the reasons and if he cannot answer them then i would not call him competent

You don't have enough information and I would suspect legal experience/training to make that suggestion
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i gave an opinion as i am entitled to do. no one is obliged to agree with it. i do not intend to get into further argument about this it is going ot
 
Askaboutlaw is the forum so people are obviously going to ask about legal issues.

The average person I would suspect would not understand "without prejudice" and its significance or indeed other legal practice that only lawyers would as it's used in the day-to-day course of their practice.

I'd bet my last euro the OP solicitor would know and be able to explain to the OP if asked.

Again I would reiterate that there is nothing to suggest incompetance by the OP solicitor to warrant you saying he/she is is and to "get a real one" and yes you are entitled to your opinion but if you express it publically expect it to questioned expecially when it is silly (in my opinion).
 
my solicitor has not answered my letter with the issue i raised. i tried to ask him face to face but he was dodging the issue. even though the defendants solicitor has raised the issue on behalf of his client the letter was still written WP which i feel should not have been done. I do not want to bring the wrong person to court so the issue should be treated with high importance.
 
Time said:
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.
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are you sure. i have seen an insurance company tell blatant lies under WP about someone who was in an accident. they claimed the person refused to go hospital when there were medical records proving the injured did.
 
They can lie all they want and the letter will be admissible as evidence.
 
Hello OP here, if anyone is interested in how I have been getting on with my solicitor I have dropped him from the case and have taken proceedings myself.I dropped the proceedings against the party that my solicitor wanted me to bring to court and have instead brought proceedings against the correct party. My ex solicitor being incompetent had nothing to do with it.
 
Time said:
They can lie all they want and the letter will be admissible as evidence.
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you mean inadmissable?Or if they lie under WP can it be submitted as evidence?

My understanding was anything said cannot be submited as evidence without consent of both parties.Am I wrong? What do you meant then by

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.
Click to expand...

Thanks
 
If someone abuses WP, the letter and its contents are admissible.

So, if I wrote a letter under WP and admitted liability for an accident for example offered 20K to settle and I then withdrew the offer, you could use my admission against me in court. If I made some libelous comments about you those would not be subject to WP and could be admitted as evidence.

Writing WP at the top of a letter does not automatically allow blanket protection to the writer.
 
Oh I see thanks for clarifying. So the letter with lies would be admissable. Weird that an insurance company did that. As far as I can recall they also told lies about the garda that attended
 

Hi Time,

You seem to know what you are talking about here, I wasnt aware that there was actually a way of getting a WP letter admitted as evidance if it went to court.
My situation relates to a letter my solicitor recieved from the other party where I am the defendant in the matter. They have accused me and my partner of certain things that are untrue. for example, They accuse my partner ( Who is not named as a defendant ) of giving the plantiff information by text message when it was infact me that give this information by text message, I have the text still on my fone.

They also falsely accuse me of other issues in this letter which I can prove with text message copies, however, at the end of this 3 page waffle they offer to settle for €1500 which is half of what they were originally seeking.
Can I present this letter as evidance given the fact that my partner has been accused wrongly of providing certain information to the plaintiff and I am also wrongly accused of some ludicras nonsence in the letter.

Thanks
 
I had a solicitor for family law case, he wrote to the other party's solicitor on numerous occasions and the other solicitor never responded. Is it in the code of conduct or best practice that the other solicitor should respond?

I have since stopped using my solicitor and brought proceedings myself as he was clearing not acting in my best interest. I plan on taking the case to the law society.

Also I have tried communicating with my ex directly, but am being accused of "harassment" by sending letters on email.





" The extended letters / emails you have begun to send me are in my opinion are unnecessary and very often threatening in their tone and I would be very grateful if you could desist from sending them to me."


I am wary of sending any further emails or letters as I have been accused of Verbal abuse, text message abuse, Skype abuse and now email abuse.


Is it appropriate to make direct contact with her solicitor?


I represented myself in the District Court recently and the other party's Barrister attended. In fact he spoke with me directly before the hearing. Are Barristers allowed to do this, there was no solicitor attending??



EDIT: Am I foolish representing myself when other party has a Barrister?
 
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