The Gazette 1946-49

CORRESPONDENCE FERMOY, Co. CORK.

any genuine complaint ? If later the other side instructs a Solicitor, is he bound as if he had entered into the negotiation " without prejudice" or given the undertaking not to raise the delay, etc. ? If we are entitled to adopt the attitude " if you do not instruct a Solicitor there will be no negotia tion or delay " and prosecute the threatened pro ceedings without delay until such time as a Solicitor is instructed, we should adopt it. If we are not entitled to adopt that attitude in the now so different circumstances from those in which these conventions were developed, then it would be well that the Law Society should lay down the limits within which these conventions should or may be extended to negotiators who are not either Solicitors or Counsel. Yours faithfully, JAMES R. BARRY.

-jtb June, 1948.

POACHING

DEAR SIR, " LEX " has raised an important point, but one on which there is no room for two opinions; if the other side is represented by a Solicitor, then there should be no question of negotiation save through the Solicitors or Counsel. But if the other side is not represented by a Solicitor and seek to negotiate " without prejudice," are they entitled to the protection of this convention ? Are they entitled to " time" on an undertaking not to raise delay against you ? Should a Solicitor act on such undertaking ? If he does so and his client is damnified has he

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