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