Advertisement

April 24, 2014

Drafting an Effective Demand Letter

Prior to litigation, it is common for an aggrieved party to send the other side a demand letter setting forth the nature of the grievance and a demand that certain conduct “cease and desist” and/or that payment be made to settle the dispute. 

In my experience, while demand letters more often than not fail to resolve the matter, they occasionally can be effective. Every case, of course, is different. Yet it is important to note that a well-crafted demand letter increases the likelihood of effectiveness, while a weak demand letter increases the likelihood of it being disregarded. 

A few observations: (1) Good demand letters set forth in coherent detail the factual basis for the demand. (2) If there are documents that govern the resolution of the dispute, such as a signed contract, those documents are included as attachments. (3) The letters are addressed to a particularly person, rather than to “Dear Sir/Madam”. (4) The letters are sent by certified mail so that there is proof of receipt. (5) Occasionally, demand letters will be accompanied by a Civil Complaint yet to be filed. (6) The letters will require a response by a date certain.

In contrast, when letters are written in a “stream of consciousness” way; when there are no accompanying documents provided to review; when there is no request for a response by a particular date; etc., they telegraph that the writer is hopeful for a resolution but not prepared to litigate the dispute.

© 2014 Odin, Feldman & Pittleman, P.C.

About the Author

Stephen Shannon, Commercial Litigation Attorney, Odin Feldman, Law Firm

Steve Shannon believes the key to being an effective litigator is to be thoroughly prepared and make the complex seem simple. He has the foresight to properly evaluate a case and to provide his clients with realistic strategies to reach their goals through litigation. Steve’s practice focuses on civil litigation, criminal litigation, and administrative law. He regularly appears in federal and state courts throughout Virginia and has handled over 1,000 cases during his legal career.

Steve’s civil litigation practice focuses on representing companies and individuals in...

703-218-2130

Boost: AJAX core statistics

Legal Disclaimer

You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's  Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only. Any legal analysis, legislative updates or other content and links should not be construed as legal or professional advice or a substitute for such advice. No attorney-client or confidential relationship is formed by the transmission of information between you and the National Law Review website or any of the law firms, attorneys or other professionals or organizations who include content on the National Law Review website. If you require legal or professional advice, kindly contact an attorney or other suitable professional advisor.  

Some states have laws and ethical rules regarding solicitation and advertisement practices by attorneys and/or other professionals. The National Law Review is not a law firm nor is www.NatLawReview.com  intended to be  a referral service for attorneys and/or other professionals. The NLR does not wish, nor does it intend, to solicit the business of anyone or to refer anyone to an attorney or other professional.  NLR does not answer legal questions nor will we refer you to an attorney or other professional if you request such information from us. 

Under certain state laws the following statements may be required on this website and we have included them in order to be in full compliance with these rules. The choice of a lawyer or other professional is an important decision and should not be based solely upon advertisements. Attorney Advertising Notice: Prior results do not guarantee a similar outcome. Statement in compliance with Texas Rules of Professional Conduct. Unless otherwise noted, attorneys are not certified by the Texas Board of Legal Specialization, nor can NLR attest to the accuracy of any notation of Legal Specialization or other Professional Credentials.

The National Law Review - National Law Forum LLC 4700 Gilbert Ave. Suite 47 #230 Western Springs, IL 60558  Telephone  (708) 357-3317 If you would ike to contact us via email please click here.