The demand letter from an attorney is a formal document written after a request from a client when requesting for a particular action, have an item paid for or returned. This letter acts as an attempt to solve a dispute without the matter heading to court. A lawyer can write different types of demand letters on your behalf. In this letter, the attorney gives all their contact information as well as the items you, as the client, are demanding. Likewise, a date by when a response should be made is included in this letter or else risk legal action.
If you’re curious about how a demand letter from an attorney is written, this post is an ideal place to start. So, without further ado, let’s go right ahead and take you through everything you need to know about the demand letter from the attorney due to breach of contract.
What Is the Demand Letter?
Before getting how the demand letter from the attorney is written, it’s best to first understand what this document is. The attorney demand letter is a convenient method used by your lawyer to get your adversaries’ attention. This letter serves as a warning that legal action shall be taken if the opposing party doesn’t respond within the stipulated period.
There are common demand types that necessitate the writing of a demand letter, including;
- Personal property
- Breach of contract
- Debt collection
- Insurance claim
- Pending litigation
- Personal property
Tip: It’s best for the attorney demand letter to always be sent via certified mail alongside a return receipt. This is necessary as it gives the sender proof of receipt by the opposing party.
How to Write
The attorney demand letter needs to have a powerful tone, and to do this, make sure to take great care of the words you’re using. This is crucial as the goal of this letter is to instill fear into the opposing party. And should the recipient not respond after the attorney demand letter has been delivered, then no other option is left but to take legal action.
Here’s a guide on how you should write the attorney demand letter is written.
Step 1 – Explain the Demand
When writing this letter, you must pay close attention to every detail. This means stating and explaining your letter’s exact demands, more so if this issue might eventually result in litigation. Usually, the court will want to look at the language used and confirm that you clearly highlighted the directions the defendant should take.
Step 2 – Give the Receiving Party Their Available Options
Depending on the circumstances, the demand letter from the attorney may state how the defendant might fall under the compliance meeting the lawyer’s needs or provide repayment options according to the lawyer’s requirements. This letter should also state the exact duration (number of days) when the recipient must respond to the specified demands.
Step 3 – Send the Letter
After the letter is done, the next step is sending it to the receiving party via certified mail alongside a return receipt. This detail is essential as it states the time and date when the letter got accepted and the signature of the letter’s recipient.
For a more serious issue, it’s best to go with a courier service. This is effective as it entails a person searching for the receiving party and handing them this demand letter. The places the courier services search for the recipient include the workplace and their residence. If they can’t find the receiving party, the courier service waits at their residence until they get back home.
Step 4 – Follow-Up Actions
Once the opposing party gets the letter, the attorney can choose to engage them in further negotiation if they make contact. But if the recipient fails to follow the terms laid out in the letter or fails to make contact, the attorney doesn’t have any option but to take legal action in the court of law.
Sample Demand Letter from Attorney for Breach of Contract
ABC Limited Corporation
23 Main St
New York, NY 736251
February 10, 2021
Mr. Arthur Specter
543 Bell St
New York, NY 23456
Re: Reimbursement Discussion for Breach of Non-Disclosure Agreement
Dear Mr. Specter,
This letter informs you about your current violation of the Non-Disclosure Agreement you had signed with my client, VivoTech Inc.
On December 12th, 2020, you signed a Non-Disclosure Agreement as a requirement for getting a job at VivoTech Inc. According to Section IV of the Agreement (“Confidential Information”), confidential information is described as any information related to my client’s assets, contracts, business, or operations. Also, Section V of the Agreement (“Obligations”) evidently explains you are expected to maintain this confidential information at all cost always. Therefore, in conformity with Section IX of the Agreement (“Enforcement”), the harmed party, my client, qualifies for compensation according to law.
You violated the Agreement in various ways, including; (1) discussing confidential information with a third party without the written permission from 123Tech.Inc.; (2) you and the third-party collaborated to use the confidential information to benefit yourself and the third party; and (3) confidential documents, such as designs, formulas, and plans being given to a third party.
Due to all this, my client has requested in good faith to respond to this letter as soon as possible. However, the response should not be later than March 1st, 2021. If you still have not replied by date, we are left no choice but to pursue all the available legal and justifiable remedies. Moreover, according to Section XIV (B) of the Agreement (“Miscellaneous Provisions” – “Attorney’s Fees”), the attorney fees shall be paid by the prevailing party of any conflict on this Agreement.
If you have any questions regarding this letter, please call my office number (412) 123-6452.
Attorney | Harvey LLP
Breach of Contract Demand Letter (Word Template)
You still don’t know how to write the demand letter for an attorney due to breach of contract? Certainly not after reading this exhaustive post on the steps to follow when writing this demand letter.