The purpose of drafting a demand letter is to begin negotiations and mediation between two opposing parties over a conflict. Ideally, this mediation can happen without getting a court involved, thus saving both sides time and money. Beyond just avoiding court proceedings, having a lawyer draft a demand letter on your behalf brings forth a number of different benefits.
If you are considering drafting a demand letter by yourself, it may be a good idea to consult with an attorney before doing so. This article will discuss several of the key benefits that come with having a lawyer write a demand letter on your behalf.
Correct Legal Language
Sifting through legalese can be a challenge for any lay person. When you hire an attorney to draft a demand letter for you, part of their job will be to make sure they hit all the correct elements and provisions of your demands, while also ensuring the message is understandable. Depending on the situation, your attorney may end up sending the demand letter to the other party’s attorney instead of the party themselves.
Regardless of who the letter is sent to, you will want to ensure that you hire an attorney who can properly cover the relevant legal issues in your conflict, while also ensuring your demands are accurately expressed.
It Shows That You’re Serious
When the opposing party receives a letter signed by your attorney, it shows that you are taking the conflict seriously. The receiving party is much less likely to ignore a demand letter when it has been drafted by a lawyer. Retaining a lawyer also shows that the letter is not some sort of rant or venting of frustrations; instead, it shows that you are taking the proper steps to begin litigation.
Although you may personally feel quite emotional or stressed about your conflict, which is entirely reasonable, it is the lawyer’s job to remain objective and analytic. As a result, they will not introduce emotional language or anecdotes in the demand letter. While it is reasonable to feel emotional about your conflict, you will want to avoid introducing that in the demand letter. When a letter is objective and succinct, it is taken more seriously by the receiving party.
Although it is ideal to avoid sending a case to litigation if it can be resolved through mediation, sometimes it is unavoidable. The demand letter is an item that can be introduced by your lawyer in order to show that you were acting in good faith. It shows the court that you wanted to try resolving the issue through mediation and negotiation, instead of jumping straight into a lawsuit.
Keeping Your Lawyer Involved from the Beginning
From the start of a case to the very end, it is wise to keep the same lawyer who is aware of the facts and circumstances that started your case. It can be challenging for an attorney to pick up the pieces if a case has been started by a pro se litigant (someone representing themselves), or if the lawyer has not been involved from the start.
The reason you will want to have a lawyer from the very beginning is because they will become aware of the nuances and details that have created this conflict. They will not be left scrambling to pick up loose ends or figure out important parts of the case.
Although it costs money to retain a lawyer’s services, it may actually save you money in the long run. If the opposing party sees a seriously written letter by your lawyer at the start of the conflict, they may more seriously consider mediation instead of going to court. Heading to court will inevitably cost more money. Resolving the issue early on will avoid those costs, as well as reduce the time spent with the conflict remaining unresolved.
Contact Jordan Law
If you are looking for an experienced attorney who knows who to negotiate, contact Jordan Law for a free consultation. We can see your case through from the beginning to the end, and ensure that you are kept in the loop as we seek resolutions to your legal issues.