legal request

legal request

Writing Legal Demand Letters (And Sending Them)

Posted on January 12, 2019 in Uncategorized

The legal world is a confusing realm full of dusty tomes and King James-esque pronouncements. Without legal experience it is intimidating to wade into the legal mire and write your own legal demand letter. The old adage: “A man who represents himself has a fool for a client” doesn’t have to be true, so long as you take the time to properly draft a legal demand letter. NEVER send a simple: “you owe me $XX.XX now pay up” letter. Not only do these letters rarely work, but such a letter may actually preclude you from suit later on down the road.

1) The Statement of Facts

Briefly recount what led up to the legal situation at issue. This is an objective statement that does not include your opinions or facts that are irrelevant. Never make personal attacks on the opposing party, or indicate anything that an objective observer would not be able to relate.

2) The Law

One of the trickiest sections in a good legal demand letter is a discussion of the applicable law. This is hairy for people who have little to no legal experience. As a rule of thumb, if you can’t state the law correctly you should not state it at all. An even better rule is: if you can’t state the law correctly, get an attorney. The best approach is to use a free index engine, like Google Scholar, to research legal precedent from the various courts in your state. Again, if you have no legal training this can be a huge undertaking that will only do you a disservice.

3) Damages

What did the other person’s actions cost you? What will it take to make you whole? Sometimes the remedy isn’t money at all, but rather for a person to stop doing a specific act. Maybe they play loud music while you sleep or they have used your copyrighted images without your permission.

This is where an attorney can be vital. For example you might think you are entitled to only $1000 in damages, but an attorney will know whether statutory and other damages are applicable. Sometimes there are “treble” damages by statute, which can quickly turn that $1000 recovery into $3000. Ask an attorney if this option is available.

4) Mail the Letter

Always insure that you have proof of delivery when you mail the letter. The preferred method is certified mail with return receipt requested. This requires that the opposing party signs for the letter. The opposing party knows that you have proof that he received it. Many times the statute of limitations, as well as the amount of damages, is determined by when the opposing party received the letter.

5) Consider Hiring an Attorney

A properly drafted legal demand letter can get complicated fast. Oftentimes a single transaction can implicate many laws of which you are not aware. It also shows the other party that you’re “lawyer-ing up” in your fight to retrieve damages, and forces them to take your request seriously. However, attorneys can sometimes be expensive and cost-prohibitive. Attorneys can sometimes charge as much or more than what the opposing party owes you.

More importantly, when a legal demand letter is required by statute before suit, as it is in many cases, if you improperly draft and serve a legal demand letter you may be precluded from bringing a suit for damages at all.

6) Use a Legal Demand-Letter Writing Service

If you cannot afford to see an attorney to draft your letter, you should consider a legal demand writing service. A letter from such a service can be the best of both worlds: an actual attorney researches, drafts, and sends a letter on your behalf, but often does so for a low, flat fee (between $50 and $100). Just insure that an actual attorney is drafting and sending the letter. The letter should be on legal letterhead, and be signed by an attorney with their state bar number. It will do you no good to hire a non-attorney to write you legal demand letter because they will be as lost as you when researching your legal issue. Always insure the letter is thorough and customized to your situation, and not a mere generic template letter.

What Types of Record Retrieval Services Are Offered by Legal Support Agencies?

Posted on January 8, 2019 in Uncategorized

A record retrieval service assists law firms and companies that don’t have the time or personnel to handle their document obtainment needs, such as those pertaining to Social Security files, police files, medical records, etc. In some instances, a retrieval service-commonly offered by legal support agencies-supplies clients with forms requiring their authorization and/or the signature of the subject of the obtainment request, while in others the service handles the entire procurement process. In addition to saving law firms and company’s time, a retrieval service also saves them money by removing the need to hire personnel for document obtainment.

Five Common Record Retrieval Services Offered by Legal Support Agencies

Record retrieval services vary from agency to agency, with some being found at a majority of agencies due to their common demand, such as claimant authorization requests, subpoena requests, electronic delivery of records, correspondence management, and a variety of ancillary information support services.

1. Claimant Authorization Requests

Claimant authorization requests occur in a variety of procurement contexts, such as the procurement of Social Security files, personnel and payroll files, and workers compensation files, to name a few. A retrieval service specializes in meeting authorization requests in a timely manner to keep their clients supplied with critical information as needed.

2. Subpoena Requests

Depending on what type of information is subpoenaed, the responding party may respond by questioning the legality of the subpoena, as well as by requiring the signature of the subpoena’s subject. In addition to handling these matters, a retrieval service also supplies copy fees and witness fees upon subpoena submission, inquiring of the subpoena to learn of its status days before its expected procurement of records.

3. Electronic Delivery of Records

Gone are the days when files were delivered in hard copy alone, a scenario that resulted in significantly extended document examinations that impeded on the timelines of legal matters. Electronic records, deliverable over the Internet, accommodate a variety of search options to remove burdensomeness of searching records in hard copy. Electronic delivery of records is especially valuable to legal cases that feature tight deadlines.

4. Correspondence Management

Legal Correspondence and business correspondence often feature a high percentage of official requests for official information, making it ideal to delegate the correspondence to a service agency that specializes in handling it. Legal support agencies handle correspondence management to the extent requested by the client.

5. Ancillary Information Support Services

Some commonly offered and commonly used information services at legal support agencies include: public record searches, motor vehicle record searches, court docket searches, and police report and fire report obtainment. Depending on a legal support agency’s areas of focus and its clientele, it may offer other ancillary information services as well.

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Are You a Victim of Legal Malpractice?

Posted on January 7, 2019 in Uncategorized

If you have ever hired a lawyer in good faith only to end up being abused, neglected, or misrepresented by your legal representative, you may have been the victim of medical malpractice. If you are not sure whether or not your lawyer has abused your professional relationship, there are a few things you should do if you feel something is not right. Don’t ignore any feelings or suspicions you may have. It is always best to be cautious instead of ignorant. Follow these steps if you feel you are the victim of legal malpractice.

If you are in doubt, don’t be afraid to ask your attorney what is going on with your situation. It would best for you to prepare a list of questions and concerns you may, so you don’t forget to cover anything. You need to find out what is happening and why. Allow your lawyer to explain his reasoning for misrepresenting your case or not taking your case seriously enough. Document everything. Don’t forget to get copies of any court filed paperwork your lawyer has that pertains to your case. If you see any discrepancies, ask for clarification.

If something still doesn’t add up, you need to figure out why. Request your file from your attorney. Unless you ask, your lawyer doesn’t have to provide you with any of his personal files regarding your case. Don’t assume that he is just going to give them to you if you don’t say something. As your lawyer, he is contractually obligated to provide you with any and all information that is relevant to your case. If your case is still active, don’t forget to request a copy of all motions, discovery and pleadings. Don’t worry about whether or not you have fished paying your lawyer. Even if you owe them money, they have to comply with your request.

Find a legal malpractice attorney. If you are still not entirely sure as to whether or not you are a victim, consult with a legal malpractice lawyer and explain your concerns. They will be able to assess what you have told them. Show them any documents you have. They will be able to tell you if your suspicions are valid or not. If it is determined that you have a case, you should get prepared for another court battle. Although your legal malpractice lawyer will be doing all of the work, you need to make sure that you are prepared nonetheless.

Before you hire another attorney, remember you need to make sure that your finances are in order to pay this professional. Depending on the details regarding your case, your new lawyer may not require any payment from you upfront. Discuss the financial details in advance and get everything in writing. Make sure you agree with all the details of you and your new legal malpractice lawyer working together before you sign anything.

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