Do you feel that your legal rights are being violated by an individual or group? There is always the option of considering legal action. But, sometimes, choosing to sue right away may not be the most desirable option. Legal procedures are expensive and bothersome. You will not only be required to appear in courts, you’ll also have to pay court costs, attorney fees, and whatnot. What should you do then?
Fortunately, there’s a way out. And it is relatively simpler than outright litigation. Cease and desist letters can be the most effective legal tool in certain situations. Not only are they less bothersome, they’re cost-effective as well. When it comes to issuing a cease and desist letter, you need to make sure to frame it in a way that yields the most desirable results. Write a cease and desist letter that means business. But how do you do that? Of course there are lawyers for this very purpose but you must know a thing or two about writing the letters as well.
However, before we move on to examine how to write a cease and desist letter, we must first know what exactly they are and some of the situations in which sending a cease and desist letter is appropriate.
What is a cease and desist letter?
A cease and desist letter refers to a document sent in order to do two things:
1. Cease: The demand of a complete stop to any unlawful activity by an individual or a business.
2. Desist: The demand to not take up the said unlawful activity again.
Within the contents of the letter, you may set a deadline for the halt of the activity. You may also warn the recipient party that, if the activities continue beyond that deadline, they might be sued in the court of law. The letter is also known as a demand letter or infringement letter.
Why do we need cease and desist letters?
Although cease and desist letters can be employed for a variety of reasons, the most frequent use is in the area of intellectual property. If the activity of any group of person is an infringement of your copyright, a cease and desist letter can be the most effective tool in your arsenal. Whether you own a patent, copyrighted work, or trademark, it is your intellectual property. And if someone violates that, you have a right to litigate. And the cease and desist letter can act as the first step in that direction.
Other uses of cease and desist letters include stopping harassment, stalking, or invasion of privacy, stopping breach of contract, libel or slander, and debt collection. A cease and desist letter can be an effective tool to ensure compliance with your demands without pursuing a legal case against the other party. In simpler terms, it may be considered a formal threat of legal action.
Most people would never want to go through the hassle of conducting necessary paperwork or appearing in court. Plus, there is always the risk of losing the case and the resulting damage to their reputation. Not to mention all the court costs and attorney fees that they would have to pay. An easier and safer option is to comply with the demands of the letter and stop the activities. You provide with that chance by sending that letter.
Writing the letter
This is the most exciting part – writing the actual letter. There are many different ways to go about it and no right way. How you compose a cease and desist letter depends upon the nature of the conflict, your relations with the other party and the nature of your demands. The first step in writing the letter is to seek help of your attorney.
The components
Although every letter is unique depending upon the circumstances, we can identify three key components that are similar in all cease and desist letters. These elements form the core of the letter. They’re as follows:
1. Your rights: You must clearly state your rights in a particular situation. For instance, while writing a cease and desist letter for a copyright infringement, you should write that you own the materials in question.
2. The violation: Also state, in clear and unequivocal terms, how the recipient party is violating those rights. You can write about the impact that violation had on you.
3. Notice to stop: No letter can be a cease and desist letter without a notice to halt the unlawful activity. So don’t forget to include that in the letter itself. Also clearly specify what the recipient party must to in order to stop the violation of your rights. For instance, in the earlier example of the case of copyright infringement, ask the recipient party to remove the material in question.
The tone
The tone of the letter may be formal or informal, severe or relatively lenient. It all depends upon the circumstances of the dispute and the nature of the violation. For instance, consider a case of defamation. If a particular party has made libelous statements about your business, and you have to settle on the tone of the letter, you have two options at your disposal:
• The tone can be severe if there are threats to your business operations and income. In this case, you can threaten to take legal action immediately or on short notice.
• The tone can be mild or less severe if the defamation is not actually harmful but may have a potential to affect your business operations or income in the long term. There is no need to threaten immediate legal action at this stage.
The language
The language used in the letter must be clear, concise, direct, and to-the-point. It is essential to carry out the utmost precaution while framing a cease and desist letter. Your language conveys the gravity of the situation and the consequences of ignoring the letter. So be strong and firm but make sure not to sound more aggressive than is generally required.