Legal Question in Personal Injury in California

Have a lawyer write a demand letter for you?

Can a lawyer write a letter for you to someone demanding them to contact you or your lawyer regarding money they owe or else you'll take them to court without actually intending to do so?

Asked on 3/03/08, 5:58 pm

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2 Answers from Attorneys

Mitchell Roth MW Roth, Professional Law Corporation

Re: Have a lawyer write a demand letter for you?

It depends. The lawyer can write the letter informing them of your claim and your legal rights, but can't threaten to take them to court unless you intend to do so.

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Answered on 3/04/08, 12:29 am

Robert L. Bennett Law offices of Robert L. Bennett

Re: Have a lawyer write a demand letter for you?

I agree with Mr. Roth, but I would go further.

You can retain a lawyer merely for the purpose of writing a letter, but, ethically, a lawyer cannot knowingly make false statements, even in a letter.

However, ethically, I certainly wouldn't want to write the letter, even if you hint that you may not follow and file suit.

But, other lawyers might.

It would be more expeditious to learn the facts of your case first, and then worry about the letter writing.

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Answered on 3/05/08, 7:42 pm

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