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Self-Study

2023 Drafting Demand Letters


Total Credits: 1.2 Self Study

Practice Area:
Litigation / Trial Practice
Format:
Audio and Video


Description

Recording available after original program date, 5/12/2023.

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

Note: This material qualifies for self-study credit only. Pursuant to Regulation 15.04.5, a lawyer may receive up to six hours of self-study credit in a reporting year. Self-study programs do not qualify for ethics, elimination of bias or Kansas credit.

Materials

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