Preparation of demand letters that state a position clearly and create a documented path toward resolution.
The purpose of a demand letter
A demand letter puts a position in writing: what happened, what the agreement or law requires and what resolution is being requested by what date. Done well, it is not an escalation but an invitation to resolve the matter directly, supported by a clear record if the disagreement continues.
What a well-prepared letter includes
- A precise statement of the facts and the specific contractual or legal basis for the position.
- A clearly defined request: payment, performance, correction, or another specific outcome.
- A reasonable, stated deadline for response.
- Tone calibrated to preserve, where possible, a continuing business relationship or an orderly resolution.
- Accurate framing of next steps, without overstating options that are not actually being pursued.
Responding to a demand letter you have received
A demand letter received from another party or its counsel should be reviewed against the underlying agreement and facts before any response is sent. A measured, accurate response can resolve the matter or narrow it considerably; an incomplete or defensive response can do the opposite.
What comes next if the letter does not resolve the matter
If a demand letter does not produce a resolution, the next step is typically further negotiation, a settlement agreement, or, where warranted, litigation. Because the firm does not litigate, matters that reach that point are referred to trial counsel, with the firm available to continue on the business and contractual side.
Answers
Frequently asked questions
- Is a demand letter legally required before I can sue?
- It depends on the type of claim and any contractual notice provisions; some contracts and statutes require written notice or an opportunity to cure before further action. Even where not required, a demand letter is often a useful first step.
- How long should I wait for a response?
- The letter itself should state a specific, reasonable deadline appropriate to the circumstances, giving the recipient a fair opportunity to respond while keeping the matter moving.
- What if the other party ignores the letter?
- A lack of response is useful information and is typically documented for any later negotiation, mediation, or litigation. The next step depends on the nature of the claim and the client's objectives.
- I received a demand letter. Should I respond myself?
- A prompt, accurate response is generally advisable, but the content should be reviewed against the underlying facts and agreement first, since a hasty response can create new issues.
- Does sending a demand letter mean I'm planning to sue?
- Not necessarily. Many demand letters resolve matters without any further action. The firm's letters are prepared to state a position clearly and invite resolution, consistent with its non-litigation practice.