Why a Lawyer Should Send your Cease and Desist Letter

Feb 19, 2016
Reading Time: 2 minutes
Written by Ananya Singh

Maybe your logo is being being used by another store owner for selling their products, or maybe you are unfairly being harassed by debt collectors or defamed and slandered by a rival business. You are heartbroken or enraged, both emotions are valid, as a small business owner, you understand the value of hard work that goes into your product design, logo and brand image.

But what can you do? You don’t really have the money for a lawsuit .. wait, you can send a Cease and Desist Letter! Now before you sit down with your laptop ready to write a heart-filled letter about copyright issues, stop and call a lawyer.

Here are three reasons why hiring a lawyer is a good idea:

  1. Determine the seriousness of the grounds for your action – A lawyer can quickly advise whether your rights have actually been violated and on what grounds. Without consulting a lawyer, your letter may risk lacking proper grounds for future legal action. Especially if you are demanding payment and accusing another person of breaking the law; you must consult an lawyer to be sure which area of law is being breached and if there is a breach to begin with. Placing false accusations on someone can have serious consequences for you. A lawyer can advise you if a cease and desist letter is the appropriate course of action.
  2. Drafting the letter with a lawyer’s expertise – The persuasiveness of the letter comes from it containing a legally accurate statement of rights and the allegations of infringement. Therefore, it is recommended that you get it drafted by a qualified lawyer. Otherwise, like the previous point mentioned, sending a letter falsely accusing a person of breaking the law can have consequences for you.The skills and expertise of a lawyer ensure that the letter asserts and protects your rights.
  3. Final advice – A letter drafted by a lawyer will be given more weight and seriousness not only by the person to whom the letter is sent but also in the court of law. Your letter may be unsuccessful in getting the other party to stop their conduct, but the court can choose to take it into consideration and make a costs order against the party in any subsequent litigation.

Cease and Desist letters are considered a first line of defence and are a suitable alternative to expensive and time-consuming litigation processes.

LawPath can connect you to an expert lawyer who can draft your Cease and Desist letter and provide legal advice, for a fixed-fee. Submit a quote request and receive up to 3 fixed-price quotes in 24 hours. You can create your Cease and Desist Letter for FREE.

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