Cease demand letters are an expected step before any legal action is taken. Most jurisdictions require a claimant to demonstrate mitigation efforts. Courts respect a claimant’s attempt to resolve the issue of concern. They also appreciate seeing an effort to minimize damages. But what can be surmised by cease demand letters is not what is usually thought of. There are myths that malign a claimant’s resort to a cease demand. desist.
- Cease demand letters are simple.
To the chagrin of many claimants, a cease demand letter requires great care. They are used for a variety of incidents to stop someone from doing what concerns the claimant. As they are applicable for a variety of issues, they pertain to particular law and circumstances that are unique to the situation at hand. The relevance of applicable law should be referenced along with consequences of the actions continuing. The legal reference must be applicably correct and not done cavalierly. Many online samples are not in the best interest of claimants. When these samples are used, the letters usually go unheeded by opponents.
- Lawyer adds credibility to cease demand letters.
Many claimants make the dire mistake of misusing a lawyer just to threaten someone and expect miracles from the cease demand letter. Claimants must understand that any cease demand letter must first have merit. A lawyer can spell out to the claimant the do’s and don’ts of what will be said in the letter. No matter the claim, it must have merit. If the claimant is holding critical bits of information from the lawyer, as the cease demand letter is crafted, the lawyer is sticking his or her neck out for the claiming client. Lawyers are made fools by asserted claims that soon are revealed to lack merit. Once the opponent responds with objections or countering information and the claimant is questioned about the opponent’s assertions, lawyers are then found in a quandary, when acknowledged, that the claimant lacks credibility.
- Lawyer’s involvement is limited.
It is quite irresponsible for a claimant to resort to a lawyer to do the claimant’s bidding to threaten someone with legal action. The claimant is overlooking a critical point. The claimant is engaging a lawyer to craft a cease demand letter, is seeking a lawyer’s representation, and is seeking the opponent to cease and desist or else face a law suit. The claimant is hiring a lawyer to take the initial steps in a conflict on behalf of the claimant. The lawyer is placing itself at the forefront in this conflict between the claimant and the opponent. It is quite unusual for another unrelated lawyer to be the one that pursues the case rather than the lawyer who crafted and served the cease demand letter on the opponent.
- Any cease demand letter will work.
Not all cease demand letters efforts are effective. There are many reasons for the letters to fail the desired result. Many of the reasons for an unsuccessful letter revolves around the claimant’s rendition of the facts. The claim may also be outlandish compared to the situation. Also, among the many reasons for a cease demand letter to not be successful, is the notion that there are always two sides to the story. The claimant only has its version of the situation. The opponent’s action could have been totally inadvertent. In addition, the cease demand letter fails to adequately describe the situation underscoring the demand and fails to describe what exactly the opponent has done, and why the opponent’s activity is wrong.
Cease demand letters are an important step in every situation regarding a dispute. Claimants should carefully assess their rights and even consider the rights of the opponent. Facts should be clearly assessed honestly keeping an eye on what can be countervailing responses. Claimants should also be mindful of what communications, if any, have taken place with the opponent, prior to the cease demand letter being issued. These ‘few’ noted myths, circling the resorting to cease demand letters, plague many claimants who seek to use a cease demand letter for their own business competitive advantage.