Topic 3 DQs
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Feb 20, 2024
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What is a demand letter? How can a paralegal or attorney prepare a demand letter that represents their clients' strengths and weaknesses in the best light? What are some of the tactical decisions that a paralegal or attorney may need to consider when preparing to send a demand letter?
A demand letter is usually authored by a lawyer on behalf of his or her client to get the other party
in a dispute to cease or engage in a specific action. (Cornell Law School, 2022) A demand letter is the beginning of a negotiation that is written in hopes of a resolution. Demand letters are persuasive to try to convince the other party that your client’s position would be more successful in court than theirs. A demand letter is usually going to highlight the strengths of a case and avoid the weaknesses. After all, the intent is to try to convince the other party that they will lose. When writing a demand letter, it is very important to be polite and concise in the language, state the facts of the case, and why I believe I am right but not in a threatening or demeaning way. (Sanders, 2022) Insulting the recipient is not the best way to try to settle a dispute. If the case winds up in court it is important to remember that a Judge may read your letter, so keep it professional.
Cornell Law School. (2022, September). Demand letter. Legal Information Institute. Retrieved November 12, 2022, from https://www.law.cornell.edu/wex/demand_letter
Sanders, M. (2022, May 2). The do's and don'ts of writing a demand letter. LegalZoom. Retrieved November 12, 2022, from https://www.legalzoom.com/articles/the-dos-and-donts-of-writing-a-
demand-letter
What is an affirmative defense and counterclaim? Why is it critical to include these in an answer? What ramifications may there be if an attorney fails to include an affirmative defense and or counterclaim in an answer? What might an attorney do if he or she realizes they have forgotten or overlooked an affirmative defense or counterclaim?
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