Nasir Pasha, Esq.

The Threat of an Attorney Demand Letter

Don’t panic. One of the great things about being an attorney is that for those inexperienced with them, people listen to your correspondence. For those in the business, this wears off pretty quickly. For some, the scariest thing sometimes is to get a demand letter from an attorney.

First thing to do – do not panic. The most valuable way to assess this letter is to do so without emotion as this correspondence is designed to intimidate, anger, and set forth a position that you will probably not like. Before overreacting, consider some of these factors.

  • If the facts are “all wrong,” realize that the attorney sent the demand usually with facts only from a single perspective of her client.
  • The common purpose of a demand letter is to settle the matter before litigation–try to look at it in the same fashion.
  • The settlement offer, if any, is structured so that the sending party leaves herself a bargaining position, so as to not appear weak.
  • Take legal theories argued in a demand letter with careful consideration, but understand that the attorney is free to allege all kinds of legal theories without much scrutiny within a mere letter.

Depending on the severity of the allegation(s) you’ll likely need to engage counsel to respond to any such demand letter, but if you have a working understanding that these letters, you are more likely to approach the matter in a better mindset.

Misclassifying Your Workforce

This free guide shows you how to avoid the worst & most common mistake in your business.

Get Free Download Now

Other Articles You May Like:
  • What to do When a Customer Accuses an Employee of Theft

    July 02, 2015

    This is one of those managerial headaches that may make life on a desert island look attractive. You don’t want to lose the customer or expose your business to accusations of wrongdoing, but you also …

  • How Employers Can Avoid Liability For Employee Injuries [e202]

    July 01, 2015

    Nasir and Matt discuss the Texas Supreme Court decision that ruled a Texas employer was not liable for work-related injuries sustained to one of its employees.

  • Best Of The Second Hundred Episodes! [e201]

    June 29, 2015

    Nasir and Matt look back at the last 100 episodes. Transcript: NASIR: All right. Welcome to our 200th plus one episode. Wait. MATT: So, the idea was, this is #201. The idea was you can’t do a best …

  • Nine Legal Strategies to Protect Your Brand

    June 25, 2015

    Perhaps you’re never dreamed of a Google or Facebook-sized business empire – multiple products generating multiple streams of income that seem to semi-magically renew themselves. Something a bit more modest might be fine as well. Whatever …

  • Why The FBI Got Involved With A Major League Baseball Scandal [e200]

    June 24, 2015

    Nasir and Matt celebrate the 200th episode by discussing America's pastime and why the FBI has decided to get involved with a scandal in Major League Baseball. Transcript: NASIR: All right. Welcome to our podcast where we …

  • The Decision That Could Change The Way Uber Does Business [e199]

    June 22, 2015

    Nasir and Matt discuss the decision handed down by the California Labor Commissioner that classified an Uber driver as an employee instead of an independent contractor. Transcript: NASIR: All right. Welcome to our Uber podcast where we cover …

  • Can Employers Still Use Credit History in Hiring?

    June 18, 2015

    Job seekers hate credit checks. They see it as invasive data collection with only remote relevance to job performance. It has also been argued that credit checks unfairly burden those who have or have had …

  • Have We Seen the Last of On-Call Scheduling for Retail Employees? [e198]

    June 17, 2015

    The guys close out the week by talking about the legal concerns of on-call employees in the retail industry and how states are working on legislature in support of these employees. Transcript: NASIR: Welcome to our podcast …

  • The FTC Finally Intervenes With a Kickstarter Campaign Gone Awry [e197]

    June 15, 2015

    Nasir and Matt discuss the FTC's precedent decision to go after a Kickstarter campaign that is alleged to have taken backers' money. Transcript: NASIR: All right. Welcome to our podcast where we cover business in the news …

  • Supreme Court Upholds Hijab Rights

    June 11, 2015

    On June 1, the Supreme Court ruled that Abercrombie & Fitch discriminated against a teenager who applied for a job selling children’s clothing because she wore a hijab. The reaction to the decision may be …