THE LETTER 
Wednesday, January 21, 2009, 12:08 PM
Posted by Administrator
Letters from lawyers solve problems and get results.........r a r e l y. But, sometimes. For the most part, letters from lawyers are thrown in the trash.

If you don't pay the money, move out of the apartment, stop competing with your former employer, stop calling your former employee bad names when new, prospective employers call you will get sued...the lawyer's letter says. But, will you?

I don't like writing letters because my name is on the line. I write that my client will sue you if you don't do/stop doing what I decree. There are bad things about this from my perspective:

1) It isn't nice to threaten. Lawyers sometimes can't be nice but we want to be nice and we want to be paid well when we have to be rude, abrasive or obnoxious. There isn't much money in writing the lawyer letter.

2) I have threatened that my client will sue you if you ignore the letter. But, what if the client changes his/her mind? What if they don't want to spend the money to sue? My threat will be an empty threat and you will tell all of your friends to ignore letters from lawyers and, especially, that guy Duhl. He is just full of hot air.

Sometimes, it is helpful to write a letter just to see if the other side wants to give you their version of the facts:

"I am writing for the purpose of investigating the facts surrounding an incident where you, from what I have heard, told my client's prospective employer that she stole from you. This statement may be slanderous but, before proceeding, I want to make sure that the facts I have are accurate. Please provide me with your knowledge of what happened during the conversation in question within ten days or I will be forced to conclude that what I have been told is accurate and we will proceed accordingly."

This may put a scare into the other side without the letter writing lawyer having to threaten the lawsuit that may not come to pass.

Sometimes, you can mention bigger trouble if the other side doesn't do what you want:

"As you are aware, the engagement ring that you received from my client was a gift with a condition subsequent. The condition subsequent was marriage. Since you broke off the engagement, the condition subsequent was not fulfilled, the ring is not your ring and it must be returned.

Florida law provides that retaining property that is not yours may be civil theft and that damages for civil theft are three times actual damages plus attorney's fees and costs.

Please contact this office immediately regarding return of the ring. If we do not hear from you in ten days, we will conclude that it is your intention to keep the ring and we will proceed accordingly."

Now, if you don't return the $5,000 ring, you may owe $15,000 plus your ex-fiance's attorney's fees. It is easy to say "no" if your choice is returning a $5,000 ring or being sued for $5,000. Wait until you are sued...maybe you won't be. It is a little harder to look at maybe having to pay $15,000+ and all you get is a piece of ancient rock from Zales.

Lawyers letters are maybe worth something if they can legitimately contain a big downside if you don't comply or if they solicit information....where providing the information may make you uncomfortable or have you thinking that you did something wrong and trouble is about to follow.

Otherwise, why not throw the letter in the garbage?


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