by resolving legal issues before they ever get to the courtroom.
We frequently talk about the "fork in the road" experienced by our clients when they have a dispute with another party that they have not been able to resolve with their own efforts. These include situations where our clients have been wronged, continue to be wronged, are being bullied, and/or where they have experienced -- or will experience -- considerable monetary damages.
One fork in the road leads down the path of litigation -- starting with the initial filing of a lawsuit and potentially including all the stops on what we call the "litigation train." The litigation train route is a long one, and it can be difficult to stop the train once it gets started. Furthermore, taking the litigation train all the way down the tracks can incur expenses in the tens of thousands of dollars (if not more) depending on the dispute.
For the aforementioned reasons, lawsuits are understandably daunting because they are considerably expensive, stressful, and time intensive. As a result, wronged individuals may choose to not pursue the wrong being righted, they may continue to allow themselves to be bullied, and/or they may continue to experience monetary damages.
Fortunately, litigation is not the only option to right these wrongs.
One option for pursuing dispute resolution outside of the litigation context is the drafting of a demand letter. When we think of a demand letter, a number of different ideas may come to mind. Online companies offer "demand letter" services at a relatively inexpensive cost, and they usually fit on a single page.
We are familiar with the finished product of these services because many of our clients come to us after pursuing such services. Unfortunately, the idiom that we get what we pay for is quite accurate in this context, and these types of demand letters don't tend to have a high probability of success.
Consequently, we frequently recommend that our clients allow us to produce an entire demand package as a "best foot forward approach." A complete demand package includes the background history -- how did we get where we are -- including the damages experienced now and the damages that will be experienced in the future by our clients.
After stating the totality of relevant facts and damages, we assert the legal theories that support our client's case -- usually there are many. This includes a mention of the statutes and cases that are applicable to our client's dispute and then applying these laws and precedents to the wrong perpetrated on our clients.
We follow up the legal theory section by explaining the myriad of legal consequences at our client's disposal. These may include -- but are not limited to -- monetary damages, injunctions, exemplary damages, mental distress damages, consequential damages, and potentially the recovery of attorney fees and costs.
We then close out the demand package with our promise of what will happen if our client's case is not resolved including next steps. We also often include an opportunity to settle the matter, if possible, to avoid protracted litigation proceedings.
The demand package strategy produces exceptional results for our clients. We tracked our demand package efforts for an entire year, and 87.5% of our client's goals were accomplished without protracted litigation efforts attributable directly to this strategy.
If you have a dispute that is unresolved, please feel free to give us a call for a complimentary consultation.
We cannot and do not guarantee results, and an 87.5% success rate in a given year is not indicative of the probability of success in any given case. We suggest allowing us to conduct a thorough complimentary consultation to determine whether we can say in good conscience that such an effort is worth pursuing, and we do frequently advise against such an effort for a wide variety of reasons.
Call us 24/7 at (616) 724-0346 or fill out the form below to receive a free and confidential initial consultation.