Law is a vocation where every word counts; each word has a meaning. However, in almost all correspondence with lawyers, the words “without prejudice” or “confidential and legally privileged” are present. With the ever-growing use of email, it has become standard to include a confidentiality notice at the end of your message, just below the signature. Do we really know the meaning of the words we use though?
“Without prejudice” has been used by British courts for over 100 years. According to an article by Ronald D. Manes, Solicitor/Client Privilege, it originates from the solicitor-and-client privilege which was “established by . . . [more]