VIC Lawyers ignoring my "letter of demand"

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Mike Love

Well-Known Member
25 June 2014
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Another party caused me financial loss, so I emailed them a "letter of demand".
They employed a solicitor who wrote back to me saying they are acting on behalf of the other party, and to address communication to them.
They also told me to give their letter to my lawyer, arguing they were not responsible for my losses.
I am not using a lawyer, so I replied to them via email, but addressed their arguement.

They have not replied.
I emailed them again asking for them to acknowledge receipt of my lastest email, and whether they are still acting on behalf of the other party? and again ignored.

What can I do?
They know I won't take them to court over a few thousand dollars.

Am I able to publicly publish the lawyers letter?
What if I give the lawyers a poor review online for not replying to me?
 

Rod

Lawyer
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27 May 2014
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I may be a little defensive of lawyers :)

Firstly - you are not a client of the lawyer so leaving a review is not appropriate.
Secondly - the lawyer may be under instructions not to reply to you.

If your case is strong, why not take them to court DIY?
 

Docupedia

Well-Known Member
7 October 2020
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Lawyers must be courteous and civil in their discourse, but there‘s no obligation to actually engage in that discourse.
 

Tim W

Lawyer
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28 April 2014
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Another party caused me financial loss, so I emailed them a "letter of demand".
They employed a solicitor who wrote back to me saying they are acting on behalf of the other party, and to address communication to them.
That is a very common course of events.
They also told me to give their letter to my lawyer, arguing they were not responsible for my losses.
I am not using a lawyer, so I replied to them via email, but addressed their arguement.

They have not replied.
Nor do they have any to duty reply to you. At least, not at present.
You're the aspiring plaintiff - you're the one with the problem.
The next move is yours, not theirs.
I emailed them again asking for them to acknowledge receipt of my lastest email, and whether they are still acting on behalf of the other party? and again ignored.
Or perhaps, they have simply not yet replied.
Equally likely though, is that they are acting on instructions from their client
to ignore you - either until you formally serve a claim,
or perhaps until there is a need to write to you for some new, other, purpose.
What can I do?
They know I won't take them to court over a few thousand dollars.
Which "they" ?
Bottom line - You're the plaintiff, it's up to you to "start something".
Just what you do, and in what venue, well, that depends on the nature of the dispute,
which you have not disclosed (and no, don't)
Am I able to publicly publish the lawyers letter?
What possible reason could you have for doing so?
What if I give the lawyers a poor review online for not replying to me?
You would face the prospect of an adverse response by the lawyer.
Bit hard to tell, absent any of the surrounding facts and circumstances,
but an action for defamation may not be off the table.
Businesses act against defamatory reviewers all the time.
And I agree with @Rod in that, given that you are not their client,
you do not appear to have any bona fide basis to leave a review.
Besides - what you're actually doing is
using the prospect of an adverse review as some sort of threat.
That's not likely to be defensible at law.
 

Mike Love

Well-Known Member
25 June 2014
64
3
199
Our client’s reserves its rights including to tender this letter on any issue as to costs.

This is the last line of their latest letter to me.
How likely and how easy or hard would it be for them to seek costs from me?
Do they have to take me to court?
Or do they just ask me to pay? In which case would I tell them no?
 

Tim W

Lawyer
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28 April 2014
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They mean that they may tender it in evidence
in any application for costs at the end of a trial, in which you lose.
 

Rod

Lawyer
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27 May 2014
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1. Do they have to take me to court?
2. Or do they just ask me to pay? In which case would I tell them no?
1. How else will they get money from you?
2. Depends on whether they have any justifiable claim for money from you, either by way of contract or damages.

Keeping in mind that civil procedures law in Victoria encourages both parties to settle or narrow issues in disputes BEFORE court proceedings are issued.
 

Tim W

Lawyer
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28 April 2014
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Do they have to take me to court?
Or do they just ask me to pay? In which case would I tell them no?
In this context, "costs" means their costs in defending (or otherwise dealing with)
a case that you brought, but either lost at trial, or settled.