What Does This (Solicitor Speak) Mean Please?

[Waldo 96]

This relates to a personal injury claim (RTC).

 

"If the other party contest my Settlement Pack I understand that <our solicitor> will create an amended Settlement Pack or Court Proceedings pack which will include final settlement offers from both parties, sign it in my name, and submit this on my behalf."

 

The solicitor is approaching the other party, with a proposed settlement figure; it seems to me, if the other party does not agree to this figure; our solicitor would have the right to negotiate on our behalf and agree to a new (reduced settlement figure). Is that correct? If so, not sure I like that at all.

Edited January 28, 2021 by Waldo

[Baron99 779]

Why not just ask your solicitor to explain it to you, in layman's terms? 

 

After all, that's what you're paying them to do. 

[Waldo 96]

1 minute ago, Baron99 said:

Why not just ask your solicitor to explain it to you, in layman's terms? 

 

After all, that's what you're paying them to do. 

I have already done so thanks Baron99.

 

I'm mindful, that while the solicitor is working for us, they're ultimately serving their own best interests (which may not always coincide with ours). So figured it may also be worth while asking the good people of this forum for their take on the matter.

[Baron99 779]

2 minutes ago, Waldo said:

I have already done so thanks Baron99.

 

I'm mindful, that while the solicitor is working for us, they're ultimately serving their own best interests (which may not always coincide with ours). So figured it may also be worth while asking the good people of this forum for their take on the matter.

Fair enough.  Good luck. 

[ECCOnoob 1,021]

1 hour ago, Baron99 said:

Why not just ask your solicitor to explain it to you, in layman's terms? 

 

After all, that's what you're paying them to do. 

I would fully agree with this. 

 

I suggest it unwise to be obtaining unqualified comments from the forum on legal matter.  You have  instructed a solicitor and if you are unsure about anything then go back to ask them to clarify.  That is part of their duties and the regulators make sure that client instructions are obtained appropriately before any action.

 

People on here (including myself as a civil lawyer) may be able to give you a general thoughts however unless they know the exact circumstances of your case, your retained agreement terms, your  instructions and value its not going to help you.

 

You appear to have have some distrust in your legal representative so perhaps you may need to think about whether you wish to escalate your query to a higher authority in the Firm

 

[Jeffrey Shaw 90]

OK, let's try (but be warned- I don't handle litigation!)

 

1. ORIGINAL : If the other party contest my Settlement Pack I understand that <our solicitor> will create an amended Settlement Pack or Court Proceedings pack which will include final settlement offers from both parties, sign it in my name, and submit this on my behalf.

 

2. MY REWRITE: The other party might not agree my Settlement offer. If so, <my solicitor> will either:

a. offer an amended Settlement; or

b. issue Court Proceedings inc. each party's final Settlement offer, then sign and submit it on my behalf.

 

If 'a'- ask whether it needs you (as client) to agree.

If 'b'- ditto, but the Court will decide who wins.

 

3. No matter what, make sure that your solicitor clarifies it!

Edited January 28, 2021 by Jeffrey Shaw

[Waldo 96]

Thank you, that's very helpful Jeffrey.

 

We did confirm for them to negotiate on our behalf, if need be; but not specifically for them to negotiate AND agree settlement with the other side. I think we'd like to have the final say on acceptance of any negotiation outcome or counter-offer by the other party.

 

Thank you once again everyone.