Drafting Pre-Litigation Demand Letters
“The early stages of a legal dispute are often marked by the exchange of demand letters. While they typically receive less attention than formal legal filings, demand letters warrant careful strategic consideration to accomplish desired objectives and to avoid any potential pitfalls.” Jacquelyn S. Celender and Jeffrey P. Richter briefly discuss five points to consider when drafting a pre-litigation demand letter in K&L Gates’ Hub:
- Clearly state the nature of your demand
- Stick to the facts and avoid inflammatory language
- Consider the applicable ethical constraints
- Follow the requirements of any applicable contracts or statutes
- Understand the applicable scope of privilege