Legal Question in Family Law in New York

A lawyer wrote a letter for his client.

Across the top it reads, 'FOR SETTLEMENT PURPOSES ONLY, NOT TO BE USED IN ANY COURT OR LITIGATION, WITHOUT PREJUDICE".

The lawyer has since been fired, and the litigant is now Pro Se.

Who owns the document? Can the litigant, now acting as his own attorney give permission to use the letter in a hearing as evidence? It's purpose is to prove which parts of the settlement were actually settled, not to show any disagreement.


Asked on 6/03/10, 3:48 pm

1 Answer from Attorneys
Kristen Browde Browde Law, P.C.

The document is owned by whoever has it.

But the offer in a settlement letter is not evidence of an agreement, even if it contains language to the effect of "we've reached agreement on A and B, but not C" or "We agree with your offer..." There is no deal until the deal is signed.

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Answered on 6/03/10, 7:09 pm


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