write your own solicitor letter?

GerJaxon

What is the power of a solicitor's letter? What authority do they have to write you a person and what can they say?

If you wanted a solicitor to write a letter to someone but did not have funds could you write to them yourself. ? What would be the difference between what you could say and they could say

godtabh

If you're not a solicitor is just a letter

P. Breathnach

godtabh wrote: »

If you're not a solicitor is just a letter

True. And if you are a solicitor, it's just a letter.

A "solicitor's letter" has no special legal status.

whomitconcerns

except a solictors letter is an informed step in a legal process. Your letter is a prelim step.

SpaceTime

Its just a letter warning that you are contemplating legal action or highlighting that something is a problem and needs to be addressed etc etc It has no other meaning or legal status other than it's from someone who should, due to their qualifications, have legal expertise.

If you write it yourself and you're not a solicitor then, as pointed out above, it's just a letter. It won't carry the same weight as you're not a qualified legal and expert.

That's all it is though.

coylemj

GerJaxon wrote: »

What is the power of a solicitor's letter?

The 'power' depends on how the letter is perceived by the recipient. It can send a signal that the instigator means business and is prepared to pay a solicitor to kick start proceedings. On the other hand a lot of people will simply ignore it as a bluff.

GerJaxon wrote: »

What authority do they have to write you a person and what can they say?
If you wanted a solicitor to write a letter to someone but did not have funds could you write to them yourself. ?

You don't need 'authority' to write someone a letter. There's nothing to stop you writing to the person yourself, outlining your position and threatening to go to a solicitor on the matter but it's more than likely the recipient will throw it in the bin.

GerJaxon wrote: »

What would be the difference between what you could say and they could say

A solicitor simply acts on instructions, he/she can say no more or less than you can say yourself.

GerJaxon

coylemj wrote: »

The 'power' depends on how the letter is perceived by the recipient. It can send a signal that the instigator means business and is prepared to pay a solicitor to kick start proceedings. On the other hand a lot of people will simply ignore it as a bluff.



You don't need 'authority' to write someone a letter. There's nothing to stop you writing to the person yourself, outlining your position and threatening to go to a solicitor on the matter but it's more than likely the recipient will throw it in the bin.



A solicitor simply acts on instructions, he/she can say no more or less than you can say yourself.

But you could do it just to let them know the situation. It would not be illegal?

Mr. Incognito

A solicitor is an officer of the court. To pretend to be a solicitor when you are not is a criminal offence.

A solicitors letter is a precursor to legal action initiating. In the majority of actions a letter before action is required.

No matter what you say your letter would not carry this weight or this veiled threat of competent legal action which is the gravitas that a solicitors letter brings.

You can by all means sue someone without the benefit of a professional qualification and training.

You will also make a full blown balls of it.

Hire a solicitor you learn their cost. Go it alone you learn their value.

GerJaxon

Mr. Incognito wrote: »

A solicitor is an officer of the court. To pretend to be a solicitor when you are not is a criminal offence.

A solicitors letter is a precursor to legal action initiating. In the majority of actions a letter before action is required.

No matter what you say your letter would not carry this weight or this veiled threat of competent legal action which is the gravitas that a solicitors letter brings.

You can by all means sue someone without the benefit of a professional qualification and training.

You will also make a full blown balls of it.

Hire a solicitor you learn their cost. Go it alone you learn their value.

i do not mean pretend to be a solicitor. just could you write to the person yourself

"You will also make a full blown balls of it" a very broad statement seeing i never mentioned taking an action

seamus

As said above, a solicitor's letter does not carry any more legal weight than a letter from a private citizen.

However, what it actually does is indicate to the recipient that the client has taken the first step of seeking legal advice and the content of the letter should therefore be taken as more than an idle threat. In reality, many solicitor's letters are just idle threats, but at the very least it shows that the client is willing to spend a little money to try and chase their perceived damages.

As Mr. Incognito points out, purporting to be a solicitor in a letter or to provide legal advice to someone as a solicitor, when you are not, is a criminal offence. Companies and individuals have found themselves in hot water sending fake solicitor's letters to people.

Could you write a letter yourself? Yeah, don't see why not. If you are using it as a precursor to legal action though, you need to be careful what you say. Quoting laws and making claims of criminality, breaches of civil laws, dishonesty or anything of a myriad of other things could potentially be defamatory and be used against you.

Something simple like, "Dear John. I believe you me €500. Please repay it to me or I will have to seek legal advice. Thanks, Mick." would work.

GerJaxon

seamus wrote: »

As said above, a solicitor's letter does not carry any more legal weight than a letter from a private citizen.

However, what it actually does is indicate to the recipient that the client has taken the first step of seeking legal advice and the content of the letter should therefore be taken as more than an idle threat. In reality, many solicitor's letters are just idle threats, but at the very least it shows that the client is willing to spend a little money to try and chase their perceived damages.

As Mr. Incognito points out, purporting to be a solicitor in a letter or to provide legal advice to someone as a solicitor, when you are not, is a criminal offence. Companies and individuals have found themselves in hot water sending fake solicitor's letters to people.

i never said i was going to pretend to be a solicitor

impr0v

Mr. Incognito wrote: »

You will also make a full blown balls of it.

As will many solicitors.

Mr. Incognito

impr0v wrote: »

As will many solicitors.

As long as i am against those ones fine with me. However you can sue your solicitor for negligence. You cant however sue yourself for stupidity.

Chiorino

Sorry for hijacking this slightly but has anyone ever come across a case where a solicitor would write a letter on plain (unheaded) paper but attach a compliments slip? Would this be considered a usual practise or should it be on properly headed paper in order to be recognised as an actual solicitors letter?

Mr. Incognito

Chiorino wrote: »

Sorry for hijacking this slightly but has anyone ever come across a case where a solicitor would write a letter on plain (unheaded) paper but attach a compliments slip? Would this be considered a usual practise or should it be on properly headed paper in order to be recognised as an actual solicitors letter?

You mean if you write a letter and ping in a solicitors compliment slip could the recipient think it was from the solicitor.

They might if they are thick enough.

However, you would also open yourself up to the possibility of impersonating a solicitors firm which has already been pointed out is illegal and you could be prosecuted for it. I know if I received such a letter I would certainly refer it to the guards and the solicitor who you are impersonating would also take a very very dim view that they were associated and might make a complaint to the guards also.

You could of course just pay for an actual solicitors letter.

Chiorino

Mr. Incognito wrote: »

You mean if you write a letter and ping in a solicitors compliment slip could the recipient think it was from the solicitor.

They might if they are thick enough.

However, you would also open yourself up to the possibility of impersonating a solicitors firm which has already been pointed out is illegal and you could be prosecuted for it. I know if I received such a letter I would certainly refer it to the guards and the solicitor who you are impersonating would also take a very very dim view that they were associated and might make a complaint to the guards also.

You could of course just pay for an actual solicitors letter.

Thanks, that's what we were thinking. Having bought and sold a house over the last year I've had enough solicitors letters come that when this arrived I knew it definately didn't look right.

coylemj

Chiorino wrote: »

Thanks, that's what we were thinking. Having bought and sold a house over the last year I've had enough solicitors letters come that when this arrived I knew it definately didn't look right.

I'd report that to the firm of solicitors whose compliments slip was used, they won't be best pleased and will almost certainly take immediate action to put a stop to it. For the moment hang on to the original, it might be useful as a card to play in the future.

seamus

I have seen plenty of companies throw a compliments slip in when they've run out of headed paper and they need to send something out today.

Would be very unprofessional for a solicitor's letter to arrive that way though.

I agree that the first thing you should do is ring them up. If it was from them, they'll confirm it. If it wasn't then they'll know that someone has stolen these slips from them and is using them fraudulently.

MarkAnthony

Had a thought on this. If I got a letter from one of these mad 'McKenzie friend type Freemen of than land type quasi-legal better call Saul outfits' I'd probably be more likely to pay than getting a letter from Maples :pac:

Maples might take my house but those crazy bastards would take my sanity.

P. Breathnach

MarkAnthony wrote: »

...
Maples might take my house but those crazy bastards would take my sanity.

Has that not already been done?

GerJaxon

Mr. Incognito wrote: »

A solicitor is an officer of the court. To pretend to be a solicitor when you are not is a criminal offence.

A solicitors letter is a precursor to legal action initiating. In the majority of actions a letter before action is required.

No matter what you say your letter would not carry this weight or this veiled threat of competent legal action which is the gravitas that a solicitors letter brings.

You can by all means sue someone without the benefit of a professional qualification and training.

You will also make a full blown balls of it.

Hire a solicitor you learn their cost. Go it alone you learn their value.

how is a solicitor an officer of the court? is the court not objective?

234

GerJaxon wrote: »

how is a solicitor an officer of the court? is the court not objective?

(i) Because they are.

(ii) Yes it is.

Is there some relationship between those questions?

Grolschevik

234 wrote: »

(i) Because they are.

(ii) Yes it is.

Is there some relationship between those questions?

Not the most helpful...

You could have, for instance, outlined to an interested layperson what 'officer of the court' means in this context.

Why is 'condescending pisstaking' the default position for many posters?

Whether they're actually lawyers or not, it perpetuates a perception of the profession...

GerJaxon

Grolschevik wrote: »

Not the most helpful...

You could have, for instance, outlined to an interested layperson what 'officer of the court' means in this context.

Why is 'condescending pisstaking' the default position for many posters?

Whether they're actually lawyers or not, it perpetuates a perception of the profession...

thanks. sorry for pm in error. i would not consider a reply like his 'professional'. givesa very poor image of solicitors. no wonder i would not want to pay someone like that to write a letter

Judge: "why does your client deserve a chance?"
Solicitor: "Because he does"

234

Grolschevik wrote: »

Not the most helpful...

You could have, for instance, outlined to an interested layperson what 'officer of the court' means in this context.

If anybody wants information on the various ethical facets of a solicitor's role see the following:

http://www.lawsociety.ie/Documents/committees/conduct-guide.pdf