Solicitor Sent This Sentence, Can Someone Help to Understand?

easoweno on 01/07/2022 - 17:14
Last edited 01/07/2022 - 19:07

We may take our neighbour to tribunal (to settle some fencing cost issues, actually nothing to argue about, just want to go 50/50 and it's reasonable and I dont think he has any ground to win), and we have received the below from his solicitor.

"I advise in the event you commence your foreshadowed application with NCAT, I suspect I will receive instructions to defend such application."

What does "Suspect" mean here? Partner reckons that means solicitor "beleives" that he will act for neighbour, but my understanding is he "doesn't think and doubt" that he will act on his behalf.

Can someone shed some lights?

Also if anyone can advise…. if I do lose the case, will I be asked to pay for his solicitor's cost? I don't think I will lose but just want to know all the possible consequences first.

Home & Garden

Comments

    • RSmith on 02/07/2022 - 13:28
      -8

      Snowflakes get upset very quick.

    • ntt on 02/07/2022 - 15:13
      +3

      not sure mate, need a diagram for that.

    • lonewolf on 02/07/2022 - 17:51
      +1

      yup, i had a neighbour who tried things like this with me too, kept making threats about if i dont do this or that then i will be liable etc. All because she didnt like trees near her property, she had chopped down every tree on her own property. and wanted me to chop down all the trees and even small mandarin trees .

  • jaejae69 on 01/07/2022 - 17:20
    +73

    The solicitor believes he will be tasked by the neighbor to represent the neighbor at NCAT proceedings against you and your husband.

      • jaejae69 on 01/07/2022 - 21:57
        +22

        Doesn’t matter whose proceedings it is, said lawyer will be a part of said proceedings working against the OP. Maybe you want to brush up some comprehension before getting trigger happy correcting someone’s autocorrected spelling.

        • oscargamer on 01/07/2022 - 21:59
          +2

          said lawyer MIGHT be party to something in the future….

        • MrBear on 02/07/2022 - 22:16
          +1

          Solicitor.

    • markathome on 01/07/2022 - 21:51
      +22

      jaejae69 is spot on. But I can't feel helping it's a largely inconsequential statement like me saying…

      I expect I will attend the lavatory and utilise the full flush facility tomorrow.

      Great? How does that affect anyone else? The only thing to note is your neighbour has a lawyer and is probably going to fight you on this fence for whatever reason. So make sure everything is well-documented and 100% reasonable.

    • geoffs87 on 02/07/2022 - 06:51
      +20

      Took the lawyer 4 hours to write that sentence, so they can bill $800.

      Purposefully confusing so they can bill another 10mins phone call to explain the sentence as another $200 “part thereof”

      • aragornelessar on 02/07/2022 - 12:17
        +3

        Wonder if the lawyer bills the guy who hired him… then could OP could call the solicitor and discuss the sentence plus the weather and astrology and run up a mega bill? Can the lawyer bill OP, even though they are not the client?

        • geoffs87 on 04/07/2022 - 11:55
          +1

          i think the cycle works that the OP would need to engage their own solicitor to explain the wording of the other lawyers document.

          Without a doubt, OP's lawyer's response would be equally hard to decipher.

          Apologies to any lawyers out there, I deal with them pretty regularly for work, and it usually takes me a few read throughs and often a phone call to understand their jargon…

    • diddy50 on 02/07/2022 - 20:00
      +2

      Reply back with a nothing statement, so if they are paying for their services, it costs them more.

      But other than that. Stick to your guns if you're in the right.

      Being lawyered up isn't always the best idea for small things like fences.

    • HeWhoKnows on 02/07/2022 - 20:24
      +7

      Its all gobbly gook

      QUOTE:

      "Whilst NCAT encourages self-representation to minimise costs, you can make a request to have a lawyer represent you at any time during the proceedings….

      NCAT encourages parties to represent themselves in hearings or otherwise to reduce costs and to provide an accessible and efficient way to resolve your dispute."

      For the sake of a few hundred dollars who would employ a solicitor whose cost would bexceed $2,000 ????

      See its all BLUFF!

      • Dack Smith on 03/07/2022 - 12:22
        -4

        Gook….?

        Hmmm

  • apsilon on 01/07/2022 - 17:21
    +11

    I'm with your partner, they believe they'll receive instruction to defend.

    • derrida derider on 02/07/2022 - 21:51
      +2

      Much more likely they HOPE they will receive instructions to defend. This lawyer writes so badly that I suspect they're not much good as a lawyer, and therefore need the work.

      But its almost certainly a bluff designed to scare. I'd ignore it if I was OP.

  • mapax on 01/07/2022 - 17:21
    +8

    This needs a poll, but I suspect your partner is correct.

    • easoweno on 01/07/2022 - 17:54
      +1

      ok now that makes sense, suspect = believe.

    • elgrande on 01/07/2022 - 19:11
      +21

      Partner = always correct

  • spackbace on 01/07/2022 - 17:22
    +25

    It's a threat. He believes that if you proceed to NCAT, that the other party will be lawyered up.

    Your partner is correct

    • derrida derider on 02/07/2022 - 22:01
      +8

      No he doesnt BELIEVE it. He's bullshitting - he knows no-one is going to take a lawyer into NCAT to contest a prima facie reasonable claim for a couple of thousand dollars, and NCAT is likely to be deeply unimpressed by someone who does and make judgement accordingly.

      That's why the weasel words about "I suspect". You suspect something when you DON'T have hard evidence for it, because saying "I suspect" does not commit you to a firm belief. If OP's neighbour intended instructing this solicitor for defence he would already have done so and the solicitor could and would say so.

      • easoweno on 02/07/2022 - 22:18
        +2

        Meaning they have talked, lawyer would have told him it's gonna cost xx amount and it doesn't make economical sense at all. So I will write you this letter to buy you some time, use your brain to think over the weekend and let me know what you want to do. I did tell him deadline was Friday and I will go NCAT on Monday, now they said they will get back to me on Monday.

  • whatwasherproblem on 01/07/2022 - 17:23
    +12

    Your partner is right.

    That's the solicitor advising you (in nice, plausibly-deniable legalese) that the neighbour has taken umbrage and is probably going to fight you over this.

    (Pro-tip: In general people don't start getting lawyers involved in disputes unless they intend to use them.)

    • TheOtherLeft on 02/07/2022 - 07:18
      +31

      Or the lawyer is the neighbours friend and wrote the letter to scare the OP

      • ozbjunkie on 02/07/2022 - 11:31
        +20

        Exactly this.

        The letter is a statement that the lawyer "might" become the neighbours lawyer.

        It's a nothing statement. You could send a letter back saying "I might become your mum's boyfriend" to illustrate you understand what is really being communicated.

        He can't say "I am representing your neighbour" because that's not true. But it is an attempt at a threat.

        Turning up to a tribunal with a lawyer to get out of paying 5050 in a shared boundary fence will make him look like a dork.

        • ntt on 02/07/2022 - 15:19

          "I might suspect become your mum's boyfriend"

          • darkmattersunB6c0MV on 02/07/2022 - 22:49

            @ntt: Confirm that mum is still alive first. :-)
            No point making an irrational statement as it might confuse the other party.

      • Cheap Gamer on 02/07/2022 - 23:46

        It's like a line from Legally Blonde. "OMG! Like, you know, I guess we'll see you in court one day, or whatever."

        Do you know if the solicitor exists or sent the letter? I'd ring them and confirm.

    • 80kinvestment on 02/07/2022 - 19:41
      +2

      The neighbour asked the lawyer to write a threatening letter to OP. The lawyer had nothing to threaten so he just wrote a letter saying “your neighbour might hire me if he wants”.

      Either OP has standing for half the fence or he doesn’t. Lawyering up won’t change that. But expect the neighbour to be annoyed about it.

    • derrida derider on 02/07/2022 - 22:05
      +1

      You're kidding. People bluff with cheap scary-sounding lawyer's letters all the time. As noted, this letter has real weasel words in it that carefully avoid committing his client to (very expensive) action.

  • Cartmanizm on 01/07/2022 - 17:29
    +19

    I suspect that the correct interpretation of the solicitor's intention in this instance is that he wanted to provide you with an indication of his assumption that his client would thereafter provide him with a continuing authority to act as their legal representative in defence of any legal action commenced by you (I suspect you just took a breath now).

    • TheOtherLeft on 02/07/2022 - 07:19

      How many lawyer $ would it take to come up with that?

    • ozbjunkie on 02/07/2022 - 11:32

      Continuing authority?

      There's nothing to indicate the lawyer I writing with any authority. He's not even involved yet.

      • nfr on 02/07/2022 - 13:37
        +1

        It's an indication of his assumption.

    • stumo on 03/07/2022 - 11:23

      This really needs a "from time to time, and place to place." in it for full effect.

  • screensaver on 01/07/2022 - 17:36
    +17

    its a bluff, probably, as a tactic to scare you. Ask then to settle out of NCAT, on your terms

  • aveeno bb on 01/07/2022 - 17:41
    +7

    It just means he hasn't received actual instruction yet, perhaps because there is nothing to defend. He is indicating his client's intention to defend, if required.

    • easoweno on 01/07/2022 - 18:17

      yes i dont think anything to be defended, but who knows….

  • robbyjones on 01/07/2022 - 17:48
    +22

    This solicitor needs to up his game, the word 'foreshadowed' is redundant in this sentence and using the word 'suspect' is ridiculous. This solicitor is a clown. However, I agree with your wife.

    • DogGunn on 01/07/2022 - 18:42
      +5

      While there are more appropriate words to use than 'foreshadowed' and 'suspect', they make sense in the context of back and forth correspondence and do not appear to be redundant.

      • Toffees on 02/07/2022 - 01:04
        -1

        You must be the solicitor!

    • Vote for Pedro on 02/07/2022 - 02:45
      +1

      Seems use of foreshadowed would be because op has threatened ncat but not actually done anything about it.

      Oxford definition of Foreshadowed: be a warning or indication (of future event)

      • easoweno on 02/07/2022 - 10:06

        Not yet, I told them to give me clear answer by 5pm on Friday or I will take this to tribunal on Monday, but solicitor sent me this email saying he's not in a position to obtain instruction but will reply by Monday, he's buying some time here.

        • Vote for Pedro on 02/07/2022 - 10:46
          +4

          Not yet

          But then…

          answer by 5pm on Friday or I will take this to tribunal on Monday

          That’s foreshadowing.

    • parsimonious one on 02/07/2022 - 09:32

      Haha. Absolutely agree.

    • derrida derider on 02/07/2022 - 22:10

      Actually if the intent is to scare bad (ie hard to understand) English is a feature, not a bug. But the phrase "I suspect" is a giveaway that his client has NOT instructed him to defend. You suspect something when you don't have evidence for it, and in this case the term is to avoid highlighting that fact that there are no expensive instructions.

  • shaybisc on 01/07/2022 - 17:50
    +2

    I thought the purpose of NCAT is to keep lawyers out.

    • thatonethere on 01/07/2022 - 18:54
      +2

      You can still bring one to NCAT. But yes

      • DemocracyManifest on 02/07/2022 - 16:13

        They are like a buddy at NCAT, big waste of money

  • 367 on 01/07/2022 - 17:54
    +32

    He's trying to intimidate you, on behalf of his client, out of going to NCAT, while his client hasn't given him firm instructions.

    If his client had confimed they are going to hire him to contest, he would say so.

    Most likely, his client doesn't want to pay to contest it, which will be expensive, and hoping he can dissuade you with lawyers letters. If he's too cheap to go 50/50 in a fence he's not going to be too happy to pay solicitor's fees to go to court about it

    • easoweno on 01/07/2022 - 18:07
      +3

      I hope you are right. Hiring a solicitor will run into well over $10k, and he may need to hire a barrister too. Fence cost is only like $2k?

      • [Deactivated] on 01/07/2022 - 18:27
        +6

        don't doubt that people would rather spend more money to get their way, especially to fight someone who is trying to force them to do something against their will.

        • easoweno on 01/07/2022 - 18:54
          +2

          I don't doubt that and I believe there's a chance he would. He can't come up with any legal grounds of not paying and I told him solicitors will cost him a fortune, he simply replied "it's a matter of principle".

          • Cheap Gamer on 03/07/2022 - 18:16

            @easoweno: Yeah, shame it's turned into a contest. You need a circuit breaker so he can save face. I wonder if his solicitor has seen the fence. Send them a photo and they might decide it's too embarrassing to defend. They might advise him that it's a liability risk and he should back down.

            • easoweno on 03/07/2022 - 18:35

              @Cheap Gamer: Yes, a photo has been sent to him. But I doubt they worry about embarrassment, to the solicitor it's probably just $$, it's like they will still defend rapist, killers even though they know they should be sentenced.

    • pharkurnell on 01/07/2022 - 18:47
      +6

      Yep..
      Step 1 - Bluff
      Step 2 - give up

    • iCandy on 02/07/2022 - 07:39
      +17

      This ☝️I’ve been a paralegal for 40 years and solicitor would say something like “I have instructions to vigorously defend the action including obtaining costs against you should your claim fail” if neighbour was serious about defending the claim through the courts. Also, NCAT doesn’t usually allow lawyers to defend their clients in that courtroom but they can assist clients with the documentation and process. Lawyers can ask for a dispensation to represent a client in court but there are limited grounds for this and it’s not often approved.

      • easoweno on 02/07/2022 - 10:08

        Do you reckon his solicitor charges him to write this to me? I was silly enough to really believe that he couldn't get in contact with client hence needing more time and wrote me this because I gave him a deadline of 5pm yesterday.

        • ozbjunkie on 02/07/2022 - 11:35
          +5

          No. It's standard empty words written over 5 minutes on the toilet.

        • Webber000 on 02/07/2022 - 16:09
          +1

          Yes - unless he is friends with the solicitor or he uses the solicitor regularly for lots of stuff then the solicitor would have charged him. They charge for everything even sending an email or letter.
          Maybe the neighbour paid to have a consultation with him to get advice on if he has to pay or not and as part of that price the solicitor said he would send that letter to you.
          Its also normal for solicitors to delay everything, drag everything out, take longer than needed, buy more time and delays and not reply until the last minute. Then it looks like it took longer so they can charge even more $

        • iCandy on 03/07/2022 - 09:09
          +1

          Yeah he probably charged him a small amount to write the letter, unless he’s a friend, in which case he got it for free.

    • AustriaBargain on 02/07/2022 - 11:20
      +2

      Have you ever met a human before? Plenty of people would gladly pay more than half the cost of a fence to a lawyer to spite a neighbour in a feud. People lose their jobs every day over their ego or an irrational grudge. People will happily spend thousands of dollars to spite a neighbour, it's a key part of the human condition https://en.wikipedia.org/wiki/Spite_house

      • derrida derider on 02/07/2022 - 22:17

        But in this case the human would have to be not merely spiteful but delusional. If OP is to be believed he has no case and at this distance it sounds very likely. So the only cost he is imposing on OP is some stress and worry and ten minutes (that's all it is likely to be) before NCAT.

  • voteoften on 01/07/2022 - 18:22
    +17

    The neighbour and the lawyer are wanks. They are bluffing and even if they aren’t, just proceed. They are not reasonable people.

  • GordonD on 01/07/2022 - 18:30
    +7

    I don't have any problem understanding the sentence. It says "if you make an application to NCAT, I expect your neighbour will instruct me to fight it." That is, you won't just be fighting your neighbour, he'll be lawyered up, so if you want to win you'll have to too, and you need to consider the cost of that.

    • easoweno on 01/07/2022 - 18:45
      +18

      my thinking is even if I lose, I lose $50 application fee and worst case is I pay for the whole cost of fencing. But I am not paying tens of thousands of lawyer fees, while he is to defend something that is clearly against the dividing fence act and spending big bucks already.

    • AlanJ on 02/07/2022 - 10:05
      +7

      GordonD may not be a solicitor, but he uses English better than the neighbour's solicitor does. "Expect" (or, alternatively, "anticipate") would be the appropriate word to use in the letter you received. The connotation of "suspect" is that you think that it might well occur, but you don't have any evidence, one way or the other. And if you don't have any evidence, why send the letter? As everyone else above had said, it's just a ploy to scare you off going to NCAT. I "suspect" (word carefully chosen, in this case) that the solicitor is a drinking buddy or similar of the neighbour, and is doing this rather shoddy piece of work as a favour; three or four letters like this from a "regular" solicitor (one who did better than a C+ in English 101) would cost more than the neighbour's share of the fence anyway, so the only possible justification for this course of action is to succeed in the art of bullying. I think if I asked my solicitor to do anything as malicious as that, he'd turn me out of his office! And, however things turn out at NCAT, you won't have to pay costs of your neighbour's solicitor, so relax.

      • easoweno on 02/07/2022 - 10:12

        Thank you AlanJ. I am glad that I posted this otherwise I am still in the dark. I believe he actually paid for the solicitor to write this letter!!

  • outlander on 01/07/2022 - 18:40
    +8

    There probably is no solicitor. He (the neighbour) has probably faked it, and attempted to use what he thinks is lawyer-talk

    I know a lot about the law, and various other lawyerings. I'm well educated. Well versed. I know that situations like this- real estate wise- they're very complex.

    • DogGunn on 01/07/2022 - 18:44

      Not really smart to fake being a lawyer.

      And it doesn't read that the OP's neighbour has faked correspondence from a solicitor.

      Just appears to be a bluff.

      • easoweno on 01/07/2022 - 18:51
        +2

        It's a real lawyer not fake at all.

        • outlander on 01/07/2022 - 20:02

          Have you called them up and confirmed that?

          • easoweno on 01/07/2022 - 20:12
            +3

            @outlander: Yes, it has letterhead, phone and address etc. I spoke to the receptionist.

            • WhyAmICommenting on 02/07/2022 - 04:16

              @easoweno: And said receptionist gave away the information that your neighbour is in fact their client?

              Are you sure they (receptionist) didn’t just admit to being in current legal practice?

              Surely, that would be a massive breach of their client’s privacy to tell you? Or does the letter mean they have to?

              • easoweno on 02/07/2022 - 10:15
                +2

                @WhyAmICommenting: The solicitor has sent letter on neighbour's behalf before so I know that he has lawyer engaged, I was asking whether my application should address to the solicitor or neighbour directly.

                • WhyAmICommenting on 02/07/2022 - 10:42
                  +2

                  @easoweno: Don’t think you need to reply to the scare letter, although someone mentioned you could cost the neighbour money by replying ;)

                  Just follow the process set out by the NCAT people. The comment that the solicitor can’t even talk during the case/hearing is interesting.

                • outlander on 02/07/2022 - 17:27
                  +2

                  @easoweno: Well, sounds like you've done your due diligence, which makes you smarter than 90% of people that post here. Well done :)

                  Sounds like you have a bit of a situation on your hands though. A cheap person, who doesn't want to pay their fair share and uses devious means to weasle out of it… thats one thing. But a person who is too cheap to pay for a basic fence but has money to pay a solicitor to write threatening letters.. that definitely falls into the irrational box.

                  • easoweno on 02/07/2022 - 22:23

                    @outlander: Cheap but arrogant, told me he has dealt with tens of millions of business deals and so used to people not liking him. I dont understand why I am so bad luck to have him as neighbour!!

  • JimmyF on 01/07/2022 - 18:45
    +7

    we have received the below from his solicitor

    As this wasn't YOUR solicitor, it is what you think. If you move forward then they will be acting on behalf of your neighbour to defend them.

    just want to go 50/50 and it's reasonable and I dont think he has any ground to win), and we have received the below from his solicitor.

    Depends really, what are you asking them to pay for? Normally they only have to pay 50/50 of a 'standard' height wooden fence and only if the shared fence is in a state of disrepair. If you just want to upgrade, then you're out of luck.

    Anything 'better' than a standard height wooden fence is totally optional if they share the cost. So if a wooden fence is $4k, they have to pay $2k as part of 50/50. BUT if you want a taller metal fence and it costs $8k all up, then legally they still only have to pay $2k if they don't want that, but still agree to you paying the extra.

    • easoweno on 01/07/2022 - 18:50
      +3

      just replace the fence due to its age and falling apart, it's the same standard as what it was before, no upgrade. He refused to pay a cent for it citing nothing wrong, while I have many photos to prove that it's unsafe.

      • Eatslikeacat on 01/07/2022 - 22:33
        +4

        Sounds reasonable. 50/50 to rectify a fence that's falling apart.

      • Vote for Pedro on 02/07/2022 - 02:50
        +2

        In your opinion. That’s the dispute

        • WhyAmICommenting on 02/07/2022 - 04:18
          +1

          It’s also the usual law / guidelines that apply to fencing, and it’s just the vibe of thing, because Mabo etc ;)

      • WreckTangle on 02/07/2022 - 09:12

        Have you had a professional to look at the fence to determine if it is unsafe?

        • easoweno on 02/07/2022 - 10:16
          +1

          Did multiple quotes and all deemed unsafe.

          • Vote for Pedro on 02/07/2022 - 10:49
            +2

            @easoweno: Did anyone (a professional) who didn’t see $$$ signs in a opportunity for a job provide you a written assessment?

            It is likely that their unwritten opinion will be considered biased.

          • WreckTangle on 02/07/2022 - 15:36
            +2

            @easoweno: OP, You may need a certified official (building inspector?) to provide a written report if your legal argument is the existing fence is unsafe. If it is only your opinion I can see how your neighbour would have a decent argument.

    • FairlyHappy on 01/07/2022 - 19:32

      Spot on.

  • Leanne59 on 01/07/2022 - 19:06
    +12

    Sounds like he has a friend that is a solicitor or works in a solicitors office and he's got them to do up a letter. The wording really doesn't sound like something a professional solicitor would put in a letter.

    • jamesorion on 01/07/2022 - 21:46
      +2

      I think the same, but there are idiots in every profession so I wouldn't count out the poor wording being from an actual solicitor.

    • ripesashimi on 02/07/2022 - 01:14
      +5

      There are plenty of budget solicitors who spend literally seconds to type an email. For a small NCAT matter, this seems very likely.

      • easoweno on 02/07/2022 - 10:18

        On the contrary, this is the owner of the law firm, his last name is on the company name, xx Lawyers, I looked it up, he doesn't look like a newbie.

        • WhyAmICommenting on 02/07/2022 - 10:44
          +3

          Still would have taken his secretary 10 seconds and he billed your neighbour 6mins at $500 an hour for it :)

        • AlanJ on 03/07/2022 - 10:19

          Maybe he gives special rates for (i) intimidation letters which have no other purpose than to give someone sleepless nights (ii) involving himself in situations where the client would be just as well off without a lawyer (iii) issuing letters where his nine-year-old son gets to choose the phraseology. I think your neighbour and his shonky lawyer deserve each other.

  • AndyC1 on 01/07/2022 - 19:07
    -7

    You need to change solicitors as they are working for the REA or landlord and have a bigger account than you. Also the solicitor is not very good at helping you as the sentence is lawyer crap that does not help you.

    So two strikes on getting a new lawyer….

    • easoweno on 01/07/2022 - 19:12

      it's not my solicitor, I don't have one and don't think I need one. It's nothing to do with REA either, it's a dispute between 2 houses.

    • Heaps for Cheaps on 01/07/2022 - 20:00
      +7

      I hope you are not in the legal profession…

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