The Importance of Writing a Demand Letter with an Attorney

Demand letters are often a starting point to the resolution of a dispute.  Although non-attorneys can send demand letters, having an attorney assist in writing the demand letter is important to hopefully efficiently resolving the dispute.

What is a demand letter? 

A demand letter is a letter requesting the recipient to do something or not do something.  Demand letters are commonly utilized in many types of cases, from business disputes to personal injury cases.  Demand letters often encourage parties to settle the dispute before ending up in extended litigation.  A demand letter generally includes three parts: (1) the relevant facts and law, (2) a demand for action, and (3) the threat of a lawsuit or alternative remedy if the parties cannot come to an agreement.

Why should you seek assistance from an attorney?

An attorney can help you include all relevant information and law to support your demand.   Having an attorney draft your demand letter can also help to ensure your demand appears professional and is taken seriously by the other party.   An attorney understands the law and how it applies to your specific situation.  Additionally, there are some situations where misstating the law and making a demand can result in consequences to the letter writer, like in landlord-tenant or employer-employee disputes.

A demand letter can also become an important part of any later litigation, because it includes a detailed outline of the facts leading up the dispute and your efforts to resolve the dispute.  On the flip side, facts and information included in a demand letter could potentially be used against you in litigation as well.  An attorney can help you sort through the important information and documents needed to write an effective demand letter.

A demand letter can save time and money in a dispute.  If you see litigation in your future that may be resolved with demand letter, an attorney like Sean Foss or Sarah Aaberg can help you.  Contact O’Keeffe O’Brien Lyson Foss in Fargo, North Dakota to discuss your case or call 701-235-8000 or 877-235-8002.