solicitors letter with false allegation.?

Question

My son recieved a solicitors letter saying that he had done something . The solicitor as no evidence to prove the allegation is this legal.

Answer 1

I think they have the right to say it unless they are lying and then that is slander, I am not sure how this works really, I would like to know more about slander in situations like this.

Answer 2

Solicitors letters are usually sent as an cheap form of 'first contact' in relation to a problem which the solicitors client perceives to exist. They are worth little in court and are usually written 'without prejudice'.
If your son has done nothing wrong then you can ignore the letter and get on with your life. The letter would usually suggest that further civil legal action is a possibility if your son carries on doing whatever it is he is alleged to have done.
You can be confident that if there was a criminal issue the complainant would have contacted the police rather than spend their own money on solicitors.

Answer 3

Depends in what capacity the solicitor is writing to your son. Is s/he writing on behalf of a member of the public who is alleging your son is involved in something, in which case it could be a matter of opinion over whether there really is any evidence. Anyone can ask a solicitor to draft them a letter for a fee.

Or is a solicitor contacting him on behalf of an insurance company, for example. Perhaps he was allegedly seen damaging someone's car and that someone has given your son's details to the insurers. Can he prove that he didn't do it or was elsewhere at the time?

Or is the solicitor's letter in connection with a criminal matter involving the Police? It is likely that there is some evidence that your son may be involved if this is the case.

Maybe as your son's parent you would like to believe that he is not involved in whatever or perhaps he told you that and he was actually involved. I would make 100% sure that he definitely had no involvement and then reply to the solicitor asking them to tell you what evidence they have. It's only then that you will know what you will have to do.

Answer 4

U.K. I used to have a retail business. One morning I received a letter in the post from a local solicitor accusing me of approaching a customer alleging theft of a Greeting Card. I was told that I must send him an apology immediately, otherwise I would be summoned.

Now the facts:
This individual took two cards from the rack and left the shop without paying. Two members of staff saw this happen and alerted me. I went out and saw the man leaning through a car window and another man was reading one of the cards. I asked the thief to come back into the shop and pay for the cards.
He reluctantly came back and offered to pay for one while at the same time I saw the guy in the car writing on the other one.
I wrote back to the Solicitor and told him I knew his client better than he did and could give him a catalogue of things to consider about his client. I knew him to have tried to defraud a very large national institution and the claim be dismissed in the High Court. He was an unreliable individual.

No more letters from the Solicitor.

They are right to do what they did but I was right to do what I did too.

Answer 5

A solicitors letter is not a legal document.Look upon it as a warning that someone has engaged the solicitor and this is the first step in dealing with a clients complaint.The solicitor is telling you what his client is alleging it may or may not be true but the next stage is court if they have a case .

Answer 6

The solicitor can write all the letters that he wants...the real issue is what can he prove in court? Members of the legal profession write demand letters all the time. If they are serious and you do not settle, then legal action will be taken.

You have a number of option that include ignoring the letter or hiring your solicitor to respond and deny the allegations.

Answer 7

The solicitor will have been instructed by a client and it is the client who has to come up with any proof against your son. It's no good blaming the solicitor -- he is only carrying through instructions. If there is no proof, then in theory your son should have nothing to worry about, although in practice he might well find himself having to spend time and energy fighting a case, at the end of which he will be no better off and might well be worse off.

Answer 8

It is legal. I assume the letter your son received is a 'letter of claim' i.e. a letter alleging certain facts that give rise to a claim for damages or other remedy. This is usually the first step in litigation.

If your son lives with you, you need to check your household insurance policy and/or motor insurance policy to see if you have any legal protection insurance. Many policies provide for legal cover in the event you or a member of your household faces legal action. If your son does not live with you, you need him to carry out this check as soon as possible. His insurers (if any) need to be notified ASAP and a copy of the letter needs to be sent to them.

If your son fails to notify his insurers in time, they will claim that his tardiness has prejudiced their position and they will refuse to provide any cover.

In the event your son has no legal protection cover through an insurance policy, he will need to instruct solicitors on a private basis (this can be expensive, as I'm sure you know). He should also contact his local Citizens Advice Beaureax for assitance, although they are usually quite stretched for time and resources, they may be able to offer some guidance.