LETTERS FROM LAWYERS......by Steve Duhl 
Tuesday, July 2, 2013, 11:53 PM
Posted by Administrator
A lot of lawyering involves sending letters: threatening letters, letters full of advice, demand letters, acceptance letters, engagement letters. Many of these are unsolicited....in other words...the recipient did not ask for or want the letter. Collection letters are a good example. Nobody asks to be collected from.

Lawyer letters have to be distinguished from lawsuits. A phone call where the caller says "I got a letter from a lawyer." needs to be followed up with questions like:
-Did you get the letter in the mail or did someone deliver it?
-Is there anything about a court on the top of the letter? How about a case number?

Usually, the answer is, more or less "No, you idiot, it's a LETTER." But, sometimes the "letter" really is a lawsuit that the recipient didn't intend to take seriously. You can usually ignore a letter without peril but ignoring a lawsuit can be costly.

Lawyer letters you can probably ignore:
-Collection letters (especially letters from out-of-state lawyers)---if you're not going to/or can't pay, why be upset? Keep the letter so that you'll have an address to give, one day, to your bankruptcy attorney.
-Letters demanding something that you don't have----the name of your liability carrier when you don't have insurance, for example.
-Letters demanding that you stop doing something that you are sure that you have every right to do. "We represent your neighbor. You are hereby directed to stop parking your Snap On truck outside your house."

Responding shows fear. Showing fear means a follow-up threat is in order. Ignoring the letter shows that you have the guts not to feel threatened just because the letter was signed by a lawyer and it sends the message that following up on the letter could be a time-consuming, expensive and futile task....because you are no pushover.

Lawyer letters you shouldn't ignore:
-Letters that are really lawsuits, summonses, garnishments, writs, petitions.
-Letters that recite facts that aren't true, say you owe things you don't owe, or say you've done things that you haven't. Write back and say, more or less "The facts you recite in your letter of _________ aren't true." There is an argument that if a reasonable person would have denied it.......and you don't deny it.....then you've admitted and that implied admission can be used against you later, in a court case. (On the other hand, don't get excited about reciting your version of the facts....usually, it's enough to deny their version.)
-Letters advising you to do things that you really should do (or to not do things you shouldn't do): "We represent your neighbor, we're going to sue you if you keep on burning garbage on your front lawn." or "We're going to sue you if you keep download any more copyrighted songs."
-Letters about bad checks you've written; rent you haven't paid; things you (or your kid) have stolen.
-Letters from the Justice Department telling you that you are the target of a federal investigation.

Really, I think everyone knows the lawyer letters you shouldn't ignore. The problem is with people paying too much attention (with the attendant nervousness and anxiety and fear) to lawyer letters they should ignore.

Probably 90% of the unsolicited letters that lawyers send are a waste of paper. It's only the other 10% that are trouble.


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