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Is it acceptable 4 me 2 write 2 my x2b solicititor

  • ahorriblemess
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26 Jan 08 #11980 by ahorriblemess
Topic started by ahorriblemess
Would it be acceptable for me to write to my X2b's solicitor instead of my own solicitor doing it? - the reason for this purely down to cost.

  • mike62
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26 Jan 08 #11982 by mike62
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Jo, done exactly that myself - told my sol that I was going to do it and copied her on the letter, just in case I dropped myself in it.
Seems daft to pay someone to write down what you want to say. Be careful that you put 'Without Prejudice' on the top of the letter.
Mike

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07 Feb 08 #13219 by Elle
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I wrote to x2bs sol to have my written questions as yet unanswered from when I was first self reppin....made it clear it was on account of latter point and to keep costs down I copied this into my then so.....i got chastised for doing this.....the questions are still unanswered 3 years on....lol
Elle

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07 Feb 08 #13220 by Elle
Reply from Elle
Oops meant to add....apparently it is not acceptable legal etiquette to do this....but have no idea if there is a legal reason, perhaps some of the more experienced members will know?
Elle

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26 Feb 08 #15123 by peteringout
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Hi all,

Not sure if it is acceptable or not but I have now written a number of letters to STBX lawyer and some have been fairly acerbic letters. I have criticised their use of the english language, thier poor grammar, thier very shoddy syntax as well as commenting on their implied 'rudeness'. My STBX is paying good money for this service and it really is IMHO crap. I deal with lawyers as a union rep in industrial relations disputes/tribunals and know how they operate. OK, divorce and separation is another and different aspect of the law, the rules of the game remain much the same, as I see it.

So write away.

Peter

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26 Feb 08 #15137 by Elizabeth
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Most definitely - in fact it has got to be the best and most less costly way forward. In what context way are you planning to corresponde? As long as you keep it to the point and answer any questions you may receive with as much clarity as you can - do it. I saved myself thousands of pounds doing this when my ex went straight to a solicitor. I also put my own case forward to the court, but had respresentation at both hearings (wish I hadn't bothered to at the FDR - complete waste of time and money).

Good luck.

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13 Mar 08 #16659 by familylawyer
Reply from familylawyer
With respect to the legal etiquette point:
Under professional conduct rules, solicitors are not permitted to write directly to another solicitor's client when they know that a solicitor is instructed. We're quite happy to correspond directly with someone acting in person for themselves, but if we have previously been corresponding with that person's solicitors, then we will need confirmation from the solicitor that they are no longer instructed before we can respond directly.

Its also possible to instruct your solicitor to act on an "ad hoc" basis to keep your costs down. In that circumstance you would normally write your letters yourself, and consult your solicitor as and when required, and you may occasionally wish your solicitor to write letters upon your instructions. On each occasion though, your solicitor would have to confirm that they are again instructed and state whether the other side's solicitor should respond to them or directly to their client.

I hope that helps. I agree with Peter that solicitors unfortunately often use inappropriate language in correspondence. Its my view that it is not appropriate when writing to someone acting in person to use legal jargon and particular care should be taken to be non-confrontational and avoid inflammatory language. Of course that's also to be avoided when writing to another solicitor, but other solicitors perhaps take it less personally!

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