In this long journey of life, disputes are simply unavoidable, it’s a question of how we deal with them. In many cases, clients come to a law office asking how to sue the other party. Some question straight to the point of how long it is required to get the other party bankrupt or wound up. I understand the rage, but still, that’s a haste.
In some cases, it is not a legal requirement to issue Letter of Demand before initiating a court action. However, don’t be surprised if that simple Letter of Demand, done rightly, can settle half of the cases and make life simple for the rest. The gist to this is communication. Professional, unbiased, and legally knowledgeable communication.
How effective is the Letter of Demand depends largely on how it is drafted and managed. Simply copy and paste a “standard format” will only give minimal result. Simply posting it to that last known address will not do as well. It does not give actual notice, create urgency, prompt payment, create understanding, or allow for settlement, depending on the needs of each case. To achieve more, each and every Letter of Demand should be drafted individually so one can cater to the special circumstances of the case.
Sadly, due to various reasons, there are many lawyers who don’t (or don’t want to) appreciate the importance of the powerful Letter of Demand. Sometimes, it’s caused by the clients who hop around law offices asking for the cheapest price. Sometimes, it’s the lawyer’s choice. I can’t blame either side. A client who has no legal background would not know even if the 2-page Letter of Demand have avoided an arguable issue in court or revived his expired rights by enlarging the limitation period. It’s also demotivating when clients can’t understand the great help lawyers have done by their careful choice of words. But that’s another topic to cover.
So the simple rule here is to find a lawyer you trust. Issue that Letter of Demand. Lawyers don’t only go to court and fight, lawyers build and re-build bridges too. One of the way is by issuing that Letter of Demand you didn’t know so useful.
Great article, thanks for sharing the insight of such simple letter be able to sustain the bridge of professional relationship!