Originally presented on May 9, 2019
Demand letters may seem like they’re merely hammer-strokes, the first blow of litigation. But the most effective demand letters are more subtly crafted. Tone is important. Vitriolic letters – letters that do not keep a client’s goals in mind and misjudge the reader’s range of likely reactions – may be counterproductive. Rather than moving the process toward a good outcome, the letter may actually result in setbacks and greater costs. There’s a subtle balance between precision and vagueness, stimulating favorable response by being sufficiently vague so that the reader speculates about adverse consequences. There’s also the issue of how much of your case – favorable facts and persuasive law – to include in the letter. This program will provide you with a real-world guide to setting goals and carefully crafted demand letters to advance client goals.
• Setting goals and realistic expectations
• Striking the right tone – how aggressive is too aggressive?
• Precision v. vagueness - leaving room for speculation and negotiation
• How much of your case – the facts and the law – to include in the letter?
• Common traps and mistakes in demand letters
Speaker: William J. Kelly, III, Kelly & Walker LLC
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