"Without Prejudice"

[separatedman]

When my ex's lawyer puts "without prejudice" on a letter, can i use that letter in court against her if the letter contains something that i consider beneficial to my case?

Thanks

[OrleansLawyer]

"without prejudice" on a letter, can i use that letter in court

General answer - no.

There are rules of evidence that could see it permitted, depending on the contents.

What is in the letter?

[separatedman]

It was a negotiations back and forth over living expenses for my adult kids.

[OrleansLawyer]

Negotiations of settlement are made without prejudice since if both parties refuse to make concessions or admissions that would harm them at court then there is scant chance of full and frank discussion or settlement.

In short; no.

[arabian]

I have a question - if a lawyer uses "WITHOUT PREJUDICE" on a bunch of correspondence then doesn't include that disclaimer, does that mean that the ensuing correspondence can be used WITH PREJUDICE?

[lancelot]

I'm wondering that too. An offer came from my stbx's lawyer, it, and further correspondence justifying his really low offer all came without saying "Without Prejudice".

Does that mean we can use any of this in court since it doesn't say it?

[OrleansLawyer]

if a lawyer uses "WITHOUT PREJUDICE" on a bunch of correspondence then doesn't include that disclaimer, does that mean that the ensuing correspondence can be used WITH PREJUDICE?

More complicated than it might appear.

Prima facie, everything is with prejudice. However, offers to settle are often seen as without prejudice, regardless of whether they are listed as such. Conversely, if something is listed as without prejudice but does not fall under a category that is afforded that protection, the matter may be brought before the courts.