Yes, it is a criminal offence. And it would reflect very badly if the
dispute did proceed to court.
> Would it be illegal to send a fake solicitor letter to someone you
> are having a dispute with, to try to scare them off?
Yes
There are various tactics that can be employed to make it look like you are
sending a solicitor's letter when you are, in fact, not.
Just collect a few letters from debt collectors as samples
tim
You mean from the debt company's "legal department"??? They seem to think
that using red ink for the letterhead is more likely to make people think
they really *do* have a legal department!
Yes - there's pretty much an entire act on how illegal that is.
Solicitor's Act 1974, Part 1 to all of it.
> to try to scare them off?
Yes.
Obviously it's not illegal to send someone an actual lawyer's letter
from an actual lawyer explaining how amazing the other party's position
is but if you're just writing "sod off or you'll go to jail, Yours
sincerely, Solicitors r Us" this is just threatening behaviour and is
frowned upon.
Thanks everyone.
What would the position be if you merely headed the letter "John
Smith, LL.B., Legal Consultant"?
--
Alasdair.
>>> Would it be illegal to send a fake solicitor letter to someone you are
>>> having a dispute with, to try to scare them off?
>>Yes, it is a criminal offence. And it would reflect very badly if the
>>dispute did proceed to court.
> What would the position be if you merely headed the letter "John Smith,
> LL.B., Legal Consultant"?
Do you have a Bachelor of Law degree?
Generally no criminal action would be taken. Of course, if you are in
fact a Legum Baccalaureus (or however you spell it), then there is
nothing wrong with stating that. And if you are a legal consultant
(even in the broadest of senses), then there is nothing wrong with
putting that.
However, if either of those statements are actually untrue, then there
could be problems down the line, namely:
1. If you attempt to falsely represent your position or credentials in
a bid to cause gain for yourself or cause loss to another, then you
may be guilty of fraud - although the gain would have to be more
substantive than simply the "gain" of appearing a more formidable
opponent than you actually are.
2. If your credibility is ever called into question, then such false
statements are likely to be used to evidence that you are at least
prone to exaggeration, if not an outright liar.
3. If the other party finds out that you do not have the credentials
that you claim, then you're likely to find it embarassing, the other
party is likely to find it risible, and ultimately, far from giving
your statements an air of authority, everything you say subsequently
is likely to be taken with a large pinch of salt.
If you insist on misrepresenting yourself, then my advice would be to
simply put LLB after your name. It's not likely to be questioned, and
although it will suggest that you have some background in law, the bar
of expectation won't be set too high - all it means, after all, is
that you once studied law academically. If you say "legal consultant",
that sets the bar very high and implies that you're a practicing
lawyer, and its unlikely that you will be able to maintain the charade
convincingly if you come up against any real lawyers.
I wouldn't say it actually suggests that the person is a practicing
lawyer but it does totally suggest they work somewhere in the field.
Consultant is a vague job title but it is a job title. No one is a
consultant as a hobby. It's worth noting that if it actually does come
to trial questions about your occupation are generally asked pretty much
straight away and if it doesn't match what you wrote on your letters
(which the other side /will/ keep a hold of) that's not good for you.
My general view of these things is to only bluster about your position
if you've got a good position to bluster about. If you're just a law
graduate who went off to do something else you have (some of) the
background knowledge but you've not got a position of power to throw
around. You're not some partner in a City firm so don't make it look
like you are.
If you're putting the letters after your name I think the big issue has
to be who actually reads the letter. If you manage to scare the other
side enough they might actually get an real lawyer who will have a good
bit more than just the LLB and it's transparently obvious that it's a
penis size gesture. It's probable they'll bring it up just long enough
to hurt your credibility and then maybe laugh at it a bit.
I wonder why no-one pulls up the utilities on this then? A few years ago
I went on an extended foreign trip - about four months - and forgot that
an electricity bill would arrive while I was away. I received a letter
marked as a "Solicitor's Letter", signed by an individual, or rather
with a rubber-stamped signature. I called the utility company and asked
to spek to the person in question and was connected to the signatory.
They assured me that although they had signed the letter they were not
"a solicitor" but a "legal executive". Which IIRC is a failed
solicitor.
That seems to me to be misrepresentation as decribed elsewhere in this
thread.
Depends whether the legal exec was working under a solicitor and on
their behalf. If they were, then it is legitimate to call the letter a
"solicitor's letter", and as you say the actual signor did not attempt
to misrepresent themselves when asked.