Description
Gain an understanding of the process and preparation that is needed to provide appealing demand letters.
Many attorneys rush to file a lawsuit without first sending a compelling and thoughtful demand letter. In failing to do so, they forego a significant opportunity to negotiate an early settlement without the need for lengthy, expensive, and sometimes disastrous litigation. This topic helps attorneys craft a compelling, engaging, and powerful demand letter to encourage early resolution and initiate a dialogue prior to (or instead of) filing suit. The information explains what should be included (or avoided) in a demand letter, common errors in drafting demand letters, the importance of knowing your audience, and what strategies you may employ to initiate settlement negotiations.
Date: 2019-02-27 Start Time: End Time:
Learning Objectives
Importance of Writing a Demand Letter
• Notice to Parties and Insurers
• Statutory Requirements (If Any)
• Preservation of Evidence
• Potential Early Resolution
• Requires Careful Analysis of Strengths/Weaknesses of Case
• Learn Opponent’s Positions, Claims, and Defenses
When Not to Send a Demand Letter
• Statute of Limitations Approaching
• Strategic Advantages
• Significant Risk of Party Evading Service
Considerations When Writing a Demand Letter
• Detailed Allegations vs. General
• Know Your Audience
• Tell a Story
• Reserve Rights
• Preservation of Evidence
• Highlight Benefits of Settlement vs. Perils of Litigation
• Should You Set a Deadline?
• Exhibits
Developing a Factual Narrative
• General vs. Specific Facts
• Describing Past and Future Damages
Citation to Law
• How Much Is Too Much?
• Relevant Authorities
• When Not to Include Law
Things to Avoid in Your Demand Letter
• Hyperbole and Snarkiness
• Legalese
• Extortion
Finalizing Demand Letter
• Importance of Proofreading
• Review by Third Persons (Including Non-Lawyers)
• Delivery Methods
• Follow-up
Neer Lerner-Hamrick & Evans, LLP
