As long as there have been lawyers, there have been demand letters – a letter drafted by a lawyer to demand that someone stop acting in a way the lawyer’s client deems illegal.
It’s an age old practice because it’s often effective. Sending a demand letter is a good way of gently escalating an existing conflict to let the other side know you are serious about resolving it. It’s also an effective tool as a first move in a dispute, a strongly worded opening salvo from an attorney can often stop, or remedy, the offending behavior.
It is very important that you do not over state your case in a demand letter, or ask for unreasonable concessions – as those overreaches can come back to bite you later.
If you have a problem – you haven’t been paid, property needs to be returned, or someone is infringing your trademark – contact us about whether a demand letter is right for you.