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Business Litigation: When You Receive an Attorney Threat Letter

On Behalf of | Feb 17, 2014 | Business Litigation

Buffington Law Firm’s business litigation attorneys often receive inquiries from people and businesses who have received a demand letter from an attorney in which the attorney threatens to file a lawsuit.  Receiving a threatening letter from someone else’s attorney is never a pleasant experience and probably ranks right up there with receiving a letter from the IRS.  Attorney “demand letters” usually threaten litigation unless the recipient gives in to the attorney’s demands, which often involves a substantial sum of money or other punitive terms.  Often the recipient of such a letter, whether it be an individual or a business, is upset and has notions of a ruinously expensive lawsuit.  When a person or business receives such a letter, what he or she does next is critically important.

Buffington Law Firm’s business litigation attorneys recommend that in this circumstance you should never deal directly with the other side’s attorney yourself.  When a non-lawyer communicates with the other side’s lawyer in this context the situation is inherently unequal and you are sending a message to the other side’s attorney that the attorney has the upper hand because you do not have your own lawyer.  Additionally, in some circumstances what you say or do can be evidence — and not the kind of evidence that will help your case.

We recommend that if you receive a communication from a hostile lawyer that you contact us immediately for a no-obligation free legal consultation.  At a minimum, at a very nominal cost we can communicate directly with the other side’s attorney in a way that shows your resolve, and which will promote your interests.  Not uncommonly this show of strength by you can deter the other side’s attorney from filing a lawsuit.

It is dangerous for an unrepresented party to communicate directly with the other side’s attorney.  In a recent lawsuit Buffington Law Firm dealt with a situation in which this had occurred prior to the Firm’s representation.  The hostile attorney had promised our clients to “mediate” the situation, and demanded that our clients write the other side a “letter of apology” admitting guilt.  He implied that this could avoid litigation. Desperate to avoid a lawsuit, our clients complied.  The attorney then instantly filed a high-dollar lawsuit against our clients and tried to use the letter of apology as evidence against them!  In other cases we have seen compromising emails by unrepresented parties.  Do not let this happen to you.  If you receive a threatening letter from an attorney, call us today!  There is never any obligation when you call us for a free consultation.