How to write a demand letter that gets results:
Suppose a person or business owes you money, or, you need a certain action taken. Should you have a lawyer write the letter?
In my view, you must always have an attorney write a demand letter. Legal arguments and positions can often be very complex. Often, in law, one takes positions contrary to their own positions. For example: There was no contract, but if there was, the other side breached it.
Also, there are often facts or evidence that can hurt you if revealed. As a non-attorney, you cannot know in advance what these facts and points are, because you do not know the elements of the legal defenses to your arguments.
A good example comes to mind in criminal law. Criminals often deny a bag containing contraband is theirs. Police do an illegal search, find the contraband, and testify in court the criminal possessed it and their fingerprints were on it. Result: Guilty. A criminal cannot argue the search was illegal because they said the bag was not theirs, and they do not have standing to challenge the search, nor an expectation or privacy in bag that is not theirs. Moral of the story: without knowing the law, you cannot know what your arguments are.
Even attorneys have to carefully think about what to include and what not to in a letter.
As a San Francisco attorney I always seek to succeed with a demand letter. I am also always prepared for litigation in case it might not. Showing the opposing party that you have an attorney ready to litigate is often the best way to achieve success.
Some attorneys crank out demand letters without much thought, and try to sell a client on the price of the written page. To me, a demand letter is a step before litigation that always presents the person or business receiving the demand with a better option than litigation. If it comes to litigation, I will be seeking a lot more than what I ask for in the demand letter.
And yes, I do love to litigate strategically if lawful demands are not met.
For more information, contact my law office:
The Law Office of Daniel Bakondi
870 Market Street, Suite 1161
San Francisco CA 94102
http://www.danielbakondi.com
415 450 0424
danielbakondi@yahoo.com
Friday, February 12, 2010
Thursday, February 11, 2010
San Francisco Litigation Attorney Post 2.11.2010-2
My name is Daniel Bakondi and this is my blog as a San Francisco Litigation Attorney.
Q: How do I find the right attorney? Is the biggest, most reputable law firm always the best?
Finding a good attorney can be challenging. Many businesses and entities often reflexively choose a large law firm with an equally large reputation. Can a small firm or solo attorney ever be better?
In my opinion, yes. It always comes down to the attorney.
Some big firms might have lower associates do a lot of the work you would expect a partner to do. But that is not nearly the major issue in my opinion.
Most "top" law firms have graduates from ivy league law schools whom they hunt for and recruit right from graduation. Many law schools' graduates are simply out of the sight of consideration. A solo attorney has to build up his practice fighting in the trenches, fighting through every issue under the sun, handling everything personally, from finding their own clients, dealing with money issues, doing their own filing, and serving papers, to dealing with all the deception and real-world problems that present themselves. Large firm associates often avoid a lot of that real-world prep, are often handed cases, clients, and have with a team of seniors there acting as a safety net. It is the successful solo attorney whom you know has had to think through challenges to survive.
Another issue is loyalty. Attorneys are always supposed to be loyal to their clients, and most are to one degree or another. But if you are a big firm attorney, your job depends on the firm as much as, if not more than on the client. You are susceptible to pressures from seniors and partners, and organizational politics. It is theoretically possible for you to come up with an idea or possible solution, that you may not even be allowed to present to your own client, because it has been overruled by the firm.
This is also similar to the concept of group-think. This is a fault of the team structure in addressing problems, where sometimes the group comes up with a lower-quality decision than an individual in the team would. This is a natural phenomenon widely studied in business organizations.
For my practice, I enjoy developing and implementing unique strategy for each case, as is appropriate.
For more information on business litigation strategy, contact my office for a consultation.
The Law Office of Daniel Bakondi
870 Market Street, Suite 1161
San Francisco CA 94102
danielbakondi@yahoo.com
415-450-0424
IMPORTANT NOTICE: This communication may contain confidential information, privileged information, or attorney work product. If you are not the intended recipient or received this message in error, any use or distribution of this message is strictly prohibited and unlawful. Please notify the sender immediately, and delete this message. No attorney-client nor confidential relationship is created through this communication. Nothing communicated or provided constitutes legal advice nor a legal opinion unless it so specifies and written agreement for attorney services has been entered into. Your issue may be time sensitive and may result in loss of rights if you do not act in time. Thank you.
San Francisco Business Attorney Post 2.11.2010
My name is Daniel Bakondi and this is my blog as a San Francisco Business Attorney.
Q: As an organization, when is it time to bring in an attorney to seriously consider litigation?
As a business or other organization, you operate, establish and develop relationships, and focus on the revenue, business model, and or goals your organization is founded on. Sometimes, you run into a situation where another business, entity, or government creates obstacles. How do you know when to take legal action? It always depends on the specifics of your situation. Sit down and brainstorm with your attorney. Examine your goals, and all alternatives for resolving them. Think everything through. I believe in principles, but litigation is often a risk/benefit analysis. If you do go ahead, always remember your end goal. Too many attorneys get bogged down in the process of litigation, that they forget the analysis, the strategy, and the actions that may help accomplish your goals.
For more information on business litigation strategy, contact my office for a consultation.
The Law Office of Daniel Bakondi
870 Market Street, Suite 1161
San Francisco CA 94102
danielbakondi@yahoo.com
415-450-0424
IMPORTANT NOTICE: This communication may contain confidential information, privileged information, or attorney work product. If you are not the intended recipient or received this message in error, any use or distribution of this message is strictly prohibited and unlawful. Please notify the sender immediately, and delete this message. No attorney-client nor confidential relationship is created through this communication. Nothing communicated or provided constitutes legal advice nor a legal opinion unless it so specifies and written agreement for attorney services has been entered into. Your issue may be time sensitive and may result in loss of rights if you do not act in time. Thank you.
San Francisco Litigation Attorney Post 2.11.2010
My name is Daniel Bakondi and I am a San Francisco Litigation Attorney.
What to do if you are sued?
Being served with lawsuit papers can be an awakening experience. Many people, and businesses, are not sure what to do, and how to respond to a lawsuit. In fact, the worst thing to do is nothing.
Find an attorney whom you like and trust, and sit down and discuss your case. When I sit down with my clients, I genuinely think about their situations, and try to find solutions. Questions like whether or not to countersue, or bring in other parties, or offer to settle, or involve government agencies or the media are all complex questions. Some attorneys automatically Answer the Complaint, others reflexively take a deposition. In my view, there is no cookie-cutter approach to defending a lawsuit. The answers are dependent on the strategy you develop with your attorney. This is especially true when the litigation involves high stakes, large amounts of money, important injunctions, well-known parties, and other important considerations.
For more information in litigation defense strategy, contact my office for a consultation.
The Law Office of Daniel Bakondi
870 Market Street, Suite 1161
San Francisco CA 94102
danielbakondi@yahoo.com
415-450-0424
IMPORTANT NOTICE: This communication may contain confidential information, privileged information, or attorney work product. If you are not the intended recipient or received this message in error, any use or distribution of this message is strictly prohibited and unlawful. Please notify the sender immediately, and delete this message. No attorney-client nor confidential relationship is created through this communication. Nothing communicated or provided constitutes legal advice nor a legal opinion unless it so specifies and written agreement for attorney services has been entered into. Your issue may be time sensitive and may result in loss of rights if you do not act in time. Thank you.
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