Demand Letters

If you’ve found yourself in the middle of a dispute that has has you considering legal action, the first step is usually to send the other party a letter demanding resolution. Such letters carry a lot more weight when drafted by an experienced attorney on your behalf. Often times, a demand letter can resolve a dispute entirely, or lead to fruitful settlement discussions.

Content of Demand Letters

An effective demand letter contains a few different elements. First, the letter must address the problem. You want the party to know what your grievance is. Following that, the letter will, of course, make your demand. This can be in the form of a cease and desist, it can be an offer to settle the dispute and therefore avoid further legal action, or any other form of resolution that you would like to formally lay out.

All of this may sound simple, however, the next element is where things become a little bit more complicated. After you have made your demand, you’ll need to include the legal standing behind it. The threat of further legal action holds very little weight without the supporting legal theory that would support your demand in a court case. An experienced attorney is able to analyze your situation, find legal support for your demand, and state that support clearly to the recipient in a way that is difficult to deny. Drafting the legal support for your claim should include specific references to statutes and to other legal cases which provide precedent from your demands.

Finally, after stating your argument, your attorney will provide a deadline for their response after which you plan to initiate legal action if the matter has not been settled. Having a strict deadline is instrumental in applying the right pressure on the recipient to respond with a counteroffer, or agree to your stipulations. While a demand letter can be just the ticket to settling your dispute, we must recognize that lawsuits can and do follow well-executed demand letters. There is no guarantee that a demand letter will resolve your issues. However, if you’d like to make your best effort to avoid the costs of a formal legal battle, the place to begin is with a well drafted demand letter.

When dealing with a potential legal dispute, a well drafted demand letter is the place to begin. Visit our contact page to schedule a free consultation with an experienced professional.