Private And Confidential

[2sp_]

We are currently chasing a client for payment, and have employed a solicitor as it's getting to the court stage.

I've just a quick question.

She has emailed us today and at the bottom written -

"This email is private and confidential and may not be used by any solicitor of yours without my express written consent."

Mr P will be speaking to the solicitor on Tuesday, but in the meantime, do any of our legal experts know if this is even a valid sentence? Can you write that and legally expect confidentiality? (I'm pretty sure it's nonsense.)

[boxtops]

She shouldn't be contacting you directly anyway, if solicitors are already talking to each other. This sounds dodgy to me. You are under no obligation NOT to show your own brief - I wouldn't reply to her at all, just show your solicitor. If you respond or take up her offer, that's it, you'd have no redress, IMO - it sounds very fishy to me, to have the invoice addressed to her son - sounds like trying to evade something.

[2sp_]

PP, we would have taken her to the small claims court, but the money owed is over the limit (£5K in Scotland).

She had paid the first part of her bill no problem, just getting sticky with the balance.

In future we will be submitting bills on each job before they reach the £5K threshold.

Thanks everyone for all your advice.

[Peter Pedant]

You re almost there - if she has part paid,
then there is very little to argue about as she cant repudate the contract or say it doesnt exist
I would go for a negotiated settlement quite honestly

a pain for you - think of the 80.20 rule

[chrissa1]

Do you have to deal with this client again, 2sp? If so I would deal with her on a Pro-Forma basis.

[2sp_]

No Chrissa, we definitely will not be dealing with her again.

[chrissa1]

If she needs what you are providing, a Pro-Forma basis means you present her with an invoice for your services and she pays up-front for what she requires.

It is a way for you to ensure you have your money before she gets what she wants.

In our business, we had a lot of Pro-Forma customers and it works very well. If she doesn't agree then, you don't deal with her.

[2sp_]

Just spoken to our Solicitor. He says the email is fine for him to see and use in court, the Sheriff would have no problem with him submitting it. He also thinks that there is something a bit sus about changing the invoice.

Thanks everyone for all your help and advice. I just want this whole thing over with, it's been going on now for about 18 months!