Responding to a demand letter is as tricky as issuing a demanding letter. There are issues of getting the substance right and getting the tone right.
- How time do you spend researching the law and laying out your case?
- How much do you disclose about your favorable facts?
- Is your goal settlement and, if so, how does that impact the tone of your letter?
- Do you know enough about the letter writer and his or her client to gauge their likely reaction to your response? And when do you respond – right away, by any deadline given, or do you wait?
These and many other questions are addressed in this practical discussion of the tradeoffs of responding to demand letters.
- Goals – do you want settlement or to make it go away – or are you preparing for litigation?
- Law – how much do you research and push back?
- Tone – are you assertive, making counter-demands, or conciliatory?
- Facts – How much of what you know do you lay out?
- Timing – responding right away, by a deadline in the demand, or later?