What is a Cease and Desist Letter?

Cease and Desist letters stop outside parties from violating your rights and is often a pre-cursor to court action. They may also include demands for further action such as publication of a letter of apology. These steps are considered a first line of defence, and are commonly used to enforce legal rights without resorting to litigation.

What is in a Cease and Desist Letter?

A Cease and Desist letter will usually include the following:

  • A statement of your legal rights
  • Descriptions of the alleged infringement of those rights
  • Your intention to take further legal action, usually litigation, if the Infringing activity does stop
  • Any further demands as the case may be

Why do you need a Cease and Desist Letter?

Sending a Cease and Desist letter will save you the time, effort, and significant expenses that would be incurred by taking the matter to court. It can also avoid the bad publicity that often comes with strenuous lawsuits. It is therefore particularly useful for sensitive matters. In the chance that the letter is unsuccessful in persuading the other part to stop their offensive conduct, the court may take that into consideration and make a costs order against the party in any subsequent litigation.

When do you need a Cease and Desist Letter?

You may send a Cease and Desist letter wherever your legal rights are being infringed upon. This may occur in situations where:

  • You are being harassed by debt collectors;
  • Your copyright, trademark, or patent has been misused;
  • You have been defamed (someone has made statements intended to damage your reputation);
  • You are being harassed;

How do you send a Cease and Desist Letter?

In order for your Cease and Desist letter to be persuasive, it needs to contain a legally accurate statement of rights and the allegations of infringement. It must therefore be drafted in the proper form by a qualified lawyer – all of which LawPath’s services can provide for you. With LawPath you can have access to a customisable and ready to use Cease and Desist Letter in under 5 minutes.

Unsure where to start? Contact a LawPath consultant on 1800LAWPATH to learn more about customising legal documents, obtaining a fixed-fee quote from our network of 600+ expert lawyers or to get answers to your legal questions.

Dominic Woolrych

Dominic is the CEO of LawPath, dedicating his days to making legal easier, faster and more accessible to businesses. Dominic is a recognised thought-leader in Australian legal disruption, and was recognised as a winner of the 2015 Australian Legal Innovation Index.