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An attorney letter of representation usually contains the following: your attorney's name and contact information (or the name of the law office/law firm representing you), the reason for legal representation (for example, personal injury, malpractice, divorce), a brief summary of the facts of your case,
If you simply ignore the letter, the plaintiff's next step will almost certainly be to file a lawsuit. If that happens, your cost to resolve the suit?be it through a settlement, a win at trial, or a loss at trial?will rise dramatically.
The purpose of a demand letter is to begin the negotiation process that will hopefully result in dispute resolution to avoid filing a claim in court if it is possible to resolve the issue without litigation.
Before you draft your own demand letter and fire it off thinking your actions will result in getting paid, getting the services you contracted for, demanding the satisfaction that you were expecting, consider that writing your own demand letter can backfire badly!
Demand letters show the owner that you're serious about getting paid. Sending a demand letter prior to litigation is a sign of good faith in the eyes of the law. In court, the language in your demand letter can support your case.
What Is a Demand Letter? The term demand letter refers to a formal document sent by one party to another in order to resolve a dispute. The sending party may issue one requesting payment or another action in order to right a wrong or settle some type of grievance.
Lead with the main purpose of your letter and then explain the reasons for your question or request. Be specific when referencing relevant information including names, dates and places. The more information you include, the better your attorney will be able to assist you.
The American Rule is a rule in the U.S. justice system that says two opposing sides in a legal matter must pay their own attorney fees, regardless of who wins the case. The rationale of the rule is that a plaintiff should not be deterred from bringing a case to court for fear of prohibitive costs.