Just as every fire starts with a spark, lawsuits often start with a demand letter. There are no hard-and-fast rules when it comes to crafting the perfect demand letter, but there are many tools at your disposal to help maximize the letter’s effectiveness. Let’s not kid ourselves, though; rarely does a demand letter result in an immediate return payment. But, including the proper components will not only help clients maximize a recovery after litigation ensues, but will also help the demanding attorney protect herself from pitfalls.
What absolutely, positively must be in every demand letter? If a client is contemplating a lawsuit based on the breach of an agreement, Civil Practice & Remedies Code §38.002 is the go-to statute. §38.002 requires the claimant to “present” its claim for fees to the opposing party or its agent.
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