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
They would probably respond in some manner.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
No.2. can i use this letter later in future correspondence or in court
+1 very good advice. Clients that "hide" things from solicitors are fools.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.
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 tooI 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.
You can only use WP when discussing a settlement.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 was not admitting liability or hiding evidenceYou 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.
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 moreI 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.
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