What a solicitor tells their client

Export

Is correspondence 'without prejudice', obliged to be discussed with the client?
For e.g. I'm proposing to without prejudice, report said client anonymously for various things, while in correspondence with their solicitor.
Is the 'without prejudice' applicable to client and solicitor or just the solicitor?
Thanks.

johnnyskeleton

If you send a letter to a solicitor about one of their clients then they are obliged to show it to the client.

I dont understand why anyone would want to write to a solicitor acting for someone and not expect them to show the letter to that person, its not really somehibg that ever comes up. But "without prejudice" is not a magic bullet.

Export

johnnyskeleton wrote: »

If you send a letter to a solicitor about one of their clients then they are obliged to show it to the client.

I dont understand why anyone would want to write to a solicitor acting for someone and not expect them to show the letter to that person, its not really somehibg that ever comes up. But "without prejudice" is not a magic bullet.

It negates my ability to report something anonymously, if the solicitor advises his client of my intention.

FreudianSlippers

Without Prejudice is really about admissibility in court of bona fide negotiations or settlement offers. You might be thinking of Off The Record correspondence, which has no legal meaning; it's really a TV/Film device.

Export

So basically, I can not, advise the other sides solicitor, that unless the client complies with A&B, I will report him anonymously for C&D?

Export

Basically, I can not use anonymous reporting of criminal offences as a negotiating tool? As by the mere mention of it, would identify me?

Pro Hoc Vice

Export wrote: »

So basically, I can not, advise the other sides solicitor, that unless the client complies with A&B, I will report him anonymously for C&D?

He is the other persons Solicitor his only interest is to act in the best interest of his client.

Export

Pro Hoc Vice wrote: »

He is the other persons Solicitor his only interest is to act in the best interest of his client.

It would be in the best interest of his client to advice him to comply with A&B. If he does not, I WILL report him for C&D. But, C&D are anonymous reporting lines. By telling his client that I will or may report him for C&D, he is breaching the potential I have to act anonymously.

Pro Hoc Vice

Export wrote: »

It would be in the best interest of his client to advice him to comply with A&B. If he does not, I WILL report him for C&D. But, C&D are anonymous reporting lines. By telling his client that I will or may report him for C&D, he is breaching the potential I have to act anonymously.

Then tell your own solicitor, who can properly advise you.

28064212

Export wrote: »

But, C&D are anonymous reporting lines. By telling his client that I will or may report him for C&D, he is breaching the potential I have to act anonymously.

"Anonymous reporting lines" mean that the authorities will keep the reporter's details obtained through the lines confidential. It does not mean that other people that you tell must keep anything you tell them about it confidential

Export

Export wrote: »

It would be in the best interest of his client to advice him to comply with A&B. If he does not, I WILL report him for C&D. But, C&D are anonymous reporting lines. By telling his client that I will or may report him for C&D, he is breaching the potential I have to act anonymously.

This sounds like blackmail frankly. Either you sign over the shares to ABC Limited or I'll report you to the Revenue for tax evasion for example.

Also there are all sorts of situations now where having knowledge of the commission of an offence immediately activates a legal requirement to report it and failure to do so can lead to criminal liability for the person who was aware of the offence.

FreudianSlippers

It's 100% blackmail!

Beano

Anything to this with this thread Export?

http://www.boards.ie/vbulletin/showthread.php?p=92005580

Export

Is there a law against blackmail?

Export

Beano wrote: »

Anything to this with this thread Export?

http://www.boards.ie/vbulletin/showthread.php?p=92005580

I could tell you but..........

Export

Deleted User wrote: »

This sounds like blackmail frankly. Either you sign over the shares to ABC Limited or I'll report you to the Revenue for tax evasion for example.

Also there are all sorts of situations now where having knowledge of the commission of an offence immediately activates a legal requirement to report it and failure to do so can lead to criminal liability for the person who was aware of the offence.

Sounds like I'm morally and legally obliged so....... Hardly blackmail.

Beano

Export wrote: »

Is there a law against blackmail?

yes http://www.irishstatutebook.ie/2007/en/act/pub/0029/sched2.html

Beano

Export wrote: »

I could tell you but..........

...that would involve being honest?

Export

17.—(1) It shall be an offence for any person who, with a view to gain for himself or another or with intent to cause loss to another, makes any unwarranted demand with menaces.


(2) For the purposes of this section—


(a) a demand with menaces shall be unwarranted unless the person making it does so in the belief—


(i) that he has reasonable grounds for making the demand, and


(ii) that the use of the menaces is a proper means of reinforcing the demand;

I reckon I fall outside the remit of blackmail.

FreudianSlippers

Export wrote: »

Sounds like I'm morally and legally obliged so....... Hardly blackmail.

What it sounds like you're suggesting is that you are aware that this person has committed an unlawful act, but you are willing to not report said act if they compensate you. That's like the definition of blackmail.

On the other hand, writing Without Prejudice to a solicitor saying "your client caused damage to my XYZ, I'm willing to settle this matter without the need for litigation if your client provides compensation of €ABC" is not.

Export

FreudianSlippers wrote: »

What it sounds like you're suggesting is that you are aware that this person has committed an unlawful act, but you are willing to not report said act if they compensate you. That's like the definition of blackmail.

Oh no - I will report said act(s).

h2005

Export wrote: »

Oh no - I will report said act(s).

Then whats the purpose of the thread just do it.

Beano

Export wrote: »

Oh no - I will report said act(s).

well then the thread is moot isnt it.

Export

h2005 wrote: »

Then whats the purpose of the thread just do it.

Legal discussion, non?

Export

Beano wrote: »

well then the thread is moot isnt it.

Nope. I've received the info I needed to receive.

FreudianSlippers

Export wrote: »

Legal discussion, non?

No, you haven't asked a coherent question.

Export

FreudianSlippers wrote: »

No, you haven't asked a coherent question.

You mean, you have not been able to find any basis in law by which my theoretical behaviour would be a criminal offence? And that pisses you off.

Beano

Export wrote: »

You mean, you have not been able to find any basis in law by which my theoretical behaviour would be a criminal offence? And that pisses you off.

The question you asked has already been answered.

LegallyAbroad

I don't know what the ethics of what you're proposing are in this jurisdiction, but in some US States it is a breach of the code of ethics to attempt to claim a tactical advantage in a case by threatening to report another Attorney to the ethics committee.

Export

LegallyAbroad wrote: »

I don't know what the ethics of what you're proposing are in this jurisdiction, but in some US States it is a breach of the code of ethics to attempt to claim a tactical advantage in a case by threatening to report another Attorney to the ethics committee.

I don't live in a US state.

Export

Export wrote: »

You mean, you have not been able to find any basis in law by which my theoretical behaviour would be a criminal offence? And that pisses you off.

Your behavior could well be illegal. Can't say for sure without details but given your attitude and fishing for technicalities I would feel confident saying you are 100% in danger of blackmailing given the course of action you suggested taking.

In any case, you clearly haven't a clue what you're at so when it all eventually goes wrong come back and give us an update? Love hearing how these things pan out.

Also had to laugh at not knowing what "without prejudice" means but you're happy to interpret legislation for us. Some wonderful hubris there

FreudianSlippers

Export wrote: »

You mean, you have not been able to find any basis in law by which my theoretical behaviour would be a criminal offence? And that pisses you off.

Actually, no. What I said is what I mean.

You asked a question about WOP letters and whether solicitors have to divulge the contents to their clients - the answer is yes.

You asked a vague question about writing to a solicitor saying that if his client did A&B, you wouldn't report him for C&D; which is blackmail and against the law.

You then selectively and incorrectly quoted the law which you think somehow exempts you from being liable for blackmail. You are wrong and are risking 14 year imprisonment, so best of luck.

LegallyAbroad

Export wrote: »

I don't live in a US state.

That's why my first sentence admits my lack of knowledge in this jurisdiction. The point I was making is that if something is a breach of ethics in one common law jurisdiction there's a decent chance it's dodgy in another.

As other posters have alluded to it's probably blackmail, anyway.

Export

Well put it this way.
I won't tell him I'm reporting his crimes.
I'll just report them.

FreudianSlippers

Another amazing thread comes to a thrilling conclusion!

Grolschevik

Nipnip, is that you?

Arbiter of Good Taste

Grolschevik wrote: »

Nipnip, is that you?

Glad I'm not the only one who thinks that.

johnnyskeleton

Export wrote: »

Basically, I can not use anonymous reporting of criminal offences as a negotiating tool? As by the mere mention of it, would identify me?

As in a kind of blackmail?

Export

johnnyskeleton wrote: »

As in a kind of blackmail?

Ah no - I wouldn't be into that craic.