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Commonly Asked Questions about Opposing Counsel Letters

8 Tips for Dealing with Difficult Opposing Counsel Point out Common Ground. Dont be Afraid to Ask Why. Separate the Person from the Problem. Focus on your Interests. Dont Fall for your Assumptions. Take a Calculated Approach. Control the Conversation by Reframing. Pick up the Phone.
Before you draft your own demand letter and fire it off thinking your actions will result in getting paid, getting the services you contracted for, demanding the satisfaction that you were expecting, consider that writing your own demand letter can backfire badly!
Demand letters usually state the harm the client has suffered, the relief they request and may threaten the senders intent to accelerate the dispute via a lawsuit if the recipient does not respond ingly.
When you are emailing the opposing counsel, always be mindful of your tone, words, and spelling. Double-check and then check again before entering an email address in the To: line and hitting send. Make copies of all correspondence and never copy or blind carbon copy your client in emails with the opposing counsel. Email Best Practices: How to Email the Opposing Counsel - First Legal firstlegal.com email-opposing-counsel firstlegal.com email-opposing-counsel
What Should Be in Your Demand Letter Response? An acknowledgement of your receipt of their letter. Your analysis of the relevant facts. Be sure to be succinct, not verbose. Your basic reasoning as to why you are in the right (if you think you are.) Your counteroffer and a reasonable respond by date.
How successful is a demand letter? Demand letters are an effective way to give notice of intent to take legal action and can be a necessary step before filing a lawsuit. They can provide a successful solution based on a federal act or state statute.
The purpose of a demand letter is to begin legal negotiation between the two parties in an effort to resolve the dispute. Demand letters are often the precursor to filing a lawsuit. If you ever receive a demand letter, it should not be ignored.
What to Include in Your Settlement Demand Letter? Include details about the dispute at hand. Make sure to include a settlement offer and the terms of the settlement. Include your contact information so that the other party can docHub you in case they would like to accept your offer.