Demand Letter

by Practical Law Litigation

A Standard Document providing a sample demand letter for a party to send to a potential defendant or their counsel to obtain relief before commencing litigation. This Standard Document is intended to help parties initiate communications to resolve a dispute without court intervention. It provides a framework for setting out the factual grounds and legal basis for a client's claims, whether the objective is to secure monetary relief, obtain performance of a contract, or serve as a cease and desist letter. This Standard Document also addresses critical strategic considerations, such as assessing the strength of a claim, evaluating an opponent's resources, and determining a client's risk tolerance. It explores key ethical obligations and includes important provisions, such as a notice requiring the recipient to preserve all relevant documents and data to prevent spoliation of evidence. This Standard Document includes integrated notes with important explanations and drafting tips.