Demand Letter From an Attorney (Purpose) | 5 Free Templates

Among all the transactions carried out among individuals, companies, and organizations, some do not materialize how and when expected, leading to disputes of payment, settlement, and compensation. Failure to pay or settle forces a party’s hand to make an official demand to resolve the current dispute outside a court of law; such a letter is referred to as a demand letter.

If a law practitioner drafts it is referred to a demand letter from an attorney. Through his or her representative, a client offers the viable option(s) of handling the issue from their perspective and expects the accused to honor else the client is to take legal action against them.

What is an Attorney Demand Letter?

An attorney demand letter is an official letter urging a one-party (company, person, or institution) to fulfill their obligations as per an agreement, purchase, customer-client policy, or compensation in case of malpractice. It is taken as the final step before a party takes legal action.

A demand letter from an attorney allows you as the attorney to state the wrongdoings did to you and how you wish the accused would rectify the wrongs. You can include the suitable options you want the person to consider as ways to settle the dispute. An attorney demand letter offers a platform where two disputing parties can table their differences and develop a solution for the same.

Attorney demand letters vary with each situation and are referred to as per the dispute. For example, a demand letter from an attorney to collect a debt is referred to as a collection of debt demand letters. Some types of demand letters have more legal implications than others, however, they are all eligible for presentation in a court of law should then dispute proceed to litigation.

The following are some of the various types;

Breach of contract

Under the category of breach of contract, an attorney demand letter is written. One part of a contract’s signatories fail to meet their obligations as per the agreement or conduct themselves against the set terms and conditions. A demand letter establishes your legal rights to claim for damages. You should ensure that the claim made falls under a term where the aggrieved party has the right to claim for damages. Contracts can include different types of conditions such as precedent or subsequent.

Contract terms are of various types, such as warranty and innominate terms, which states one can claim damages if some condition comes to pass. Therefore, before writing an attorney demand letter, please familiarize yourself with all the dynamics revolving around the contract. Sometimes, the accused could be well within their rights to act as they are.

Collection of a debt

Demand letters are used in debt collection. This usually happens when there was an agreement that a certain amount was to be paid to a party at a given time. When the debtor fails to meet the set-out deadline, the creditor is well within their rights to claim the debt. An illustration of such a case is when a tenant defaults on rent payments and a landlord is forced to take the necessary steps to collect.

The landlord can draft a demand letter from an attorney to his or her tenants demanding payment, or else they will take legal measures. In such a case, a demand letter from an attorney is crucial as specific laws protect tenants against eviction. As a landlord, this would be a safer approach to avoid potential lawsuits in the future.  

Injury

In a society with an ocean of activities, injuries are prone to happen at one point or another, either by accident or inflicted. Such cases include road accidents, injuries at the workplace, domestic violence, bullying, or violent conduct. Taking the construction worker’s scenario, he or she is exposed to heavy machinery, potentially inflicting harm if left unattended.

Therefore, an injury could be by accident or out of negligence; if either happens, the contracting company is obligated to cater for the worker’s medical bills and compensate for the worker’s basic needs during the recovery period. In some situations, companies tend to neglect the workers, necessitating the workers to seek legal counsel where an attorney demand letter is written as the final warning before the matter can be tabled in front of a judge.

Insurance claim

In some cases, insurance settlements take longer than expected or seldom do. When a policyholder formally requests an insurance company for compensation or coverage of a policy occurrence, he or she is said to have made an insurance claim. When the insurer does not fulfill this, a policyholder should write an attorney demand letter stating the losses incurred or the policy event and how much he expects to be covered. This, backed by any evidence of the event such as receipts or pictures, can be presented in a law court to support his claim if the insurer opts not to settle out of court.

Malpractice

Malpractice is improper or unethical conduct by a professional, such as a physician or official person, resulting in injury or loss. Negligence is considered malpractice in most professions. Some of the medical malpractices include surgical errors, misdiagnosis, and medication errors. These actions are more likely than not to have harmful effects, as grave as death, to the victim. In such a case, the victim is legally allowed to demand compensation.

Sometimes medical institutions are reluctant to take responsibility. Therefore, you as a victim should take the initiative and consult your attorney to write a demand letter before filing any lawsuits.

Pending litigation

Litigation is the conduct of one or more parties filing a case, where two or more people disagree in court. Pending litigation is a written notice asserting a party’s legal obligation to fulfill a legal action; else, a court will have to be involved, that is through the final judgment if the legal right is not granted. This means that a complaint/lawsuit must be filed in court; however, the final order is yet to be reached.

Since you could be offering options that are more lenient than those expected in case the court rules against the defendant, they are more likely to agree to settle out of court if the chance presents itself.

Personal property

In law, personal property is often referred to as mobile property-any that can move from one point to another. Examples include furniture, home electronics, vehicles, and collectibles. Sometimes they can change possession through misplacement, theft, or loss. Where courtesy requests for the property’s return have failed, you can demand their recovery through a demand letter before taking legal action.

However, when writing the letter, you must be able to prove ownership of the said property, for example, through receipts, a witness, or any other information, as sometimes ownership is defined by how much you can prove. It would be advisable to familiarize yourself with the laws touching on ownership of the property in question.

Settlement

Settlement can be defined as a contractual agreement between parties to actual or potential litigation by which each party agrees to a resolution of the underlying dispute. A settlement demand letter from an attorney is usually offered as a counteroffer after the claimant sent a demand letter before a lawsuit is filed. In the settlement, you outline a factual summary of the dispute with evidence to support your claims. Make sure you understand the request in monetary and accurate terms before making an offer.

Include your conditions and time frame for acceptance. The proposal should be enticing to the claimant but reasonable on your side. A settlement is not an admission to guilt; therefore, choose your words wisely. It is important to let the claimant know they will have to sign a confidentiality agreement before disbursing settlement.

A good attorney demand letter should contain the following components;

Sender’s address and date

At the very beginning, the attorney demand letter should indicate who sent the letter. For example, if it is a law firm, it should declare which by giving their name, address, and other relevant information. The date when you, as the writer, are making the claims should be indicated in the letter.

Recipient’s address

The letter recipient should appear, including information such as address. The subject being referred to should be highlighted in fewer words.

The body of the letter

The next part of the attorney demand letter is the body; here, a client or their representative outlines their claims in detail where possible, as some contracts may limit the amount of information one party can share. This includes specific dates when transactions or events took place, the wrongdoing which one is protesting, and the amount in figures they are asking. One can attach receipts and copies of invoices and other relevant information to demonstrate the amount owed.

You should include terms that you see fit per situation as deadlines.

Conclusion

Finally, you should leave contact information where the person/organization can negotiate, enquire, or settle as per the set terms. This is then followed by the closing/signature and any additional information about the sender such as the lawyer’s position in the firm.

As an attorney you want your demand letter to be professional and efficient, to achieve this you can follow this procedure.

Research

If as an attorney you are required to craft a demand letter, you should carry out some research concerning the case to obtain facts for example reviewing documents and studying the laws that the dispute cuts across. You should ensure that you are factual as the letter can potentially end up in court as evidence if the accused does not meet the set date’s demands. Non-factual information can compromise the integrity of your case in front of a judge.

Identify the claimant and the accused

Firstly, let the recipient know who the letter is from by indicating the attorney and/or firm’s name and address. Makes sure to include the date when the letter was issued.

Secondly, indicate to who the letter is addressed to (accused), their name, and address. This helps specify who is being accused of the wrongdoing (s) to be addressed in the letter.

State the demand/claim

The first paragraph should include details about the dispute, such as date of occurrence, obligations unfulfilled, and prior expectations in the letter body.

Describe the reason(s) for the demand

You should explain in what ways has the accused violated previous agreements or any action that the claimant claims there was some wrongdoing. Cite evidence to support your claims. If there are documents such as receipts, letters, invoices attached, you should let the accused be aware at this point. Monetary claims should be indicated in figures.

Outline the terms and legal consequences

You should offer the terms and conditions you expect the accused to observe if they are to settle the matter out of court. Indicate the possible options they can consider. You can quote the various acts the accused is in violation of.

Provide contact information

Outline the convenient ways the accused can contact, whether it is by calling or via email. This is important as they might be open to negotiations, offers, and other queries.

Language

Since the attorney demand letter is meant to solve a dispute between two parties, it is vital to keep it polite as the goal is to reach an agreement and not aggravate the situation. A polite language tends to be more persuasive.

How Much to Charge as a Lawyer?

The amount charged by an attorney is dependent on a few factors, that include;

• His place of residence- different states quote different allowable prices an attorney can charge for a particular. This fee, however, varies with the type of case.
• Scope of case- cases with a large scope like one that involves a large corporation(s) commands a higher price than a case between two individuals.
• Size of the firm- large firms ask for a higher amount of fee than small firms or independent lawyers. Small firms charge between $1000 and $1500, and these increases for large firms could go into the ranges of $3000 and $5000.
• Normal charging rates for independent lawyers- the amount charged for writing a demand letter will vary from one lawyer to another. The price tends to increase with experience and reputation.

Demand Letter from Attorney Samples

The following are samples of demand letters in different scenarios

As a claimant or claimant representative, where do I begin when crafting an attorney demand letter? Well, the simplest way to maneuver this is by acquiring an attorney demand letter template and customizing it to suit your situation. A free downloadable template has been provided for our readers in a formal format, including all the mandatory information you should include. Download now and get started!

Before taking legal action, a claimant should consider trying to resolve the dispute outside of court, especially against giant corporations whose influence. This is because lawsuits sometimes can be costly, and should the case not stand in court, you would have to incur the costs yourself. It is important to note that the attorney demand letters only become legal only if the case is presented in a court of law.

When and Why will Your Help be Needed as an Attorney

There are various instances when a claimant will be necessitated to seek legal counsel. This is especially when there are grave legal implications should the demand not materialize.

An attorney, being familiar with the law and its applications in different situations, comes in handy when drafting an attorney demand letter in terms of the details that should be included or not. Attorney demand letters are presented in court as evidence of the events throughout the dispute; therefore, they should be written in a clear and intentional language. An attorney helps determine where legal rights have been violated and identify which laws or policies a client can make demands based on.

When an attorney crafts a demand letter, they can include a legal letterhead, which has a stronger convincing power. This makes your intentions clear from the beginning. Since no one wants the case to go to court in most cases, the letterhead motivates the accused to reach out before any further legal action.

Should the dispute proceed to court, an attorney helps develop the letter to meet the standards that would see it fit to be presented as evidence; that is, it must be impersonal, professional and free of ambiguity, demonstrating its intended purpose, claim for damages.

Claimants involve legal counsel in the following instances; when there is a certainty that their legal rights have been violated, where lawyer fees do not exceed the damage claims or compensation by a huge margin and when they are dealing with large corporations/organizations as accusations in such a case are usually against the organization itself rather than an individual.