Can a solicitor/barrister review the case and make a judgement or a statement in writing

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Cherryblossom88

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Hi all, I’m wondering if someone could guide me a bit in relation to a legal matter.

There is a situation with the potential to be brought to court but this is currently hinging on another piece of evidence coming through. However, prior to that I am wondering if this is something that can be done:

Can a solicitor/barrister review the case and make a judgement or a statement in writing about their client, in the sense that their client has been accused of X but having reviewed the file, there is no current evidence to support the accusation.

Is this something they could do or would they be leaving themselves open?

Apologies for not being able to disclose too much info. Thanks in advance
 
Cherryblossom88 said:
Can a solicitor/barrister review the case and make a judgement or a statement in writing about their client, in the sense that their client has been accused of X but having reviewed the file, there is no current evidence to support the accusation.
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Who would they be giving this letter to?

For example - if I accused an employee of theft and suspended them pending an investigation, I would pay no attention to a letter from their solicitor saying that there is no evidence to support the accusation.

If the Garda charge me with dangerous driving, I doubt that they would discontinue the proceedings because the solicitor I paid, said that there was no evidence.

So you would need to give more details and the context to get meaningful answers to your question.

Brendan
 
Ok thank you

Without giving away too much information, there is an advice issue that I am potentially going to be sued over and as I stated there is some more evidence pending, which may change that.

However, at the moment it is having a negative effect on my customer base and what they have heard. Therefore, I thought getting something in writing might clear things up a bit.

I do see your point about getting something from a solicitor I have paid. Any alternative? Independent review of the case or anything like that?
 
Even if a solicitor or barrister gives an opinion, it is only an opinion, not a final determination.
 
Cherryblossom88 said:
However, at the moment it is having a negative effect on my customer base and what they have heard. Therefore, I thought getting something in writing might clear things up a bit.
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Not a bit of it.

Let's say you are a tax advisor and I have decided to sue you for negligent advice you gave me.

This will damage your reputation irrespective of the outcome of the court case. Even if the case is thrown out, other clients and potential clients will feel that you have a case to answer.

Certainly a letter from a solicitor saying you have done nothing wrong won't change anyone's mind.

Brendan
 
I’m not at all clear on your precise issue so can only speak in general terms.

Lawyers, particularly Barristers, do provide written Opinions all the time on legal issues. You will pay heavily for such an Opinion, depending on the complexity of the issue involved.

Such Opinions however are usually for the benefit of the individual client only, and not for wider circulation. Accordingly, whilst any Opinion might give you some comfort, it may not provide comfort to your customers.

If you were instructing a lawyer to prepare an Opinion, it would be important that you advise them them for what purpose the Opinion is being used. Any such Opinion will be heavily caveated, for example, that it “is for the sole use of the client, and not to be more widely circulated or relied upon by third parties...” etc.

On the other hand, if you instruct a Solicitor to represent you in forthcoming potential or actual litigation, it is absolute standard practice for Solicitors to issue denials on your behalf to accusations and to demand that the other side provide evidence of wrongdoing. Such correspondence will not usually persuade the opposing party (or customers) that there is no case against you.
 
It seems to me what you need is Public Relations advice. How to put forward your side of the story.

While PR companies can do a good job, the one piece of advice they rarely give, is to say nothing, which is often the best advice.
 
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