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Legal Writing Tips – Write Stronger Demand Letters to Increase Settlement Negotiations
DISCLAIMER: While we are not lawyers or legal experts, we know a thing or two about legal document formatting, structure, and can offer some great legal writing tips.
According to the American Bar Association, demand letters are designed as effective icebreakers. When responding to these letters, attorneys are able to spark a conversation with the goal of understanding each other’s position. A well-developed demand letter allows a legal case to approach an epic fork in the road – leaving the attorneys with a choice of two directions:
Route # 1: We will negotiate a settlement
Route # 2: We will not negotiate a settlement
An ideal solution for many legal cases is for both parties to negotiate an amicable settlement as quickly as possible – especially if they can do so without escalating the case into a courtroom trial. Therefore, a demand letter plays a substantial role in this process and should be approached seriously and systematically. Here are several tips and tricks you should follow to ensure your demand letter matches the quality and structure needed to hopefully head toward Route # 1 successfully.
1. Stick to the Facts, Avoid Opinions
Your demand letter should reflect factual information – not opinionated statements. Like with any type of legal writing, you must approach it as if you were reading it to a courtroom judge. Common responses to opinionated statements in the courtroom are objections from opposing counsel and stricken records. Remove all emotion and opinions from your content to specifically stick to the facts. By sticking to the facts, you will keep the attention of your intended recipient and create a high-quality document that would not backfire if it was presented in court.
2. Active Voice is Essential, Use Passive Voice Sparingly
In the ongoing battle between passive and active voice, it is imperative for you to primarily use active voice within your demand letter.
According to the University of Sydney, passive voice turns the noun of an active sentence into the subject. On the contrary, active voice is a more direct route for relaying the same point. It clearly identifies the subject and, as a result, essentially provides more information than passive voice in fewer words. It is very natural to write in the passive voice and requires an exerted effort to stick to active voice.
As mentioned above, though, the effectiveness of your demand letter depends on the use perfect grammar. You should only use passive voice when it is useful to do so – such as when the “doer” of the act is either irrelevant or unknown. As a general rule of thumb, active voice is best as a default option, but you can use passive voice to serve a particular purpose when necessary.
3. Poor Grammar Destroys First Impressions
Paying close attention to grammar is essential if you want the demand letter taken seriously. Perfect grammar is not optional; you should recognize it as a mandatory requirement. From spelling and syntax to organization and clarity, grammar and sentence structure play an integral role in the overall reception of your letter. Typographical errors, misspelled words and improperly structured sentences indicate that the person responsible for creating the demand letter did not take it seriously, are not entirely knowledgeable and skilled at what they are doing or both. This is not the type of message you want to send – especially if you expect for the address to willingly accept a settlement negotiation invite.
How much time do you spend pouring over your legal documents to ensure proper formatting, structure and grammar? Read our blog post “How to save time creating legal documents without compromising quality” for some very helpful time-saving tips.
4. Fortify the Structure of Your Subheadings
It is true that subheadings add structure to your content – especially if it is somewhat lengthy. However, it is just as important to focus on the structure of the subheadings themselves. The Bar Association of San Francisco states that subheadings and section headings need to state the issue or topic as well as the advocate’s position on it. It is highly recommended to create the subheadings as part of your initial outline instead of plugging them into the content after writing the letter. Fight against the tendency to put your subheadings in all capital letters.
As is the case with general writing etiquette, using all-caps makes it seem as if you are shouting your message instead of simply stating it. The last thing you want to do is to send the subtle message of shouting at the recipient of your demand letter.
5. Do Not Clutter Your Content with Legalese
When writing a demand letter, you should have the same professional and focused mentality that you would have when facing a court judge or jury panel. However, you should not clutter your content with the same legalese you might use in the courtroom. Focus on the intended audience of the actual letter.
If it is an experienced attorney, he or she is more than likely familiar with the legal jargon and will not need a “refresher course” through the cluttered content of your letter. If the recipient has limited or no legal experience and knowledge, he or she would not be able to fully comprehend excessive legalese and may overlook the primary objective of the demand letter. Therefore, regardless of the intended recipient, it is best to avoid cluttering your demand letter with excess legalese.
Your legal writing skills are on display to your firm, your clients, and in many cases the general practice. They are a reflection of you and your firm. Here are “6 legal writing tips for boosting the quality of your writing skills”
6. Be Vigilant with Proofreads and Deletions
Do not make the mistake of assuming that your demand letter is ready to send just because you finish writing it. Regardless of your past experience, your draft is just that – a draft. As you read through it and review your content, be vigilant when it comes to revising, rewriting and even deleting what you wrote. As stated by the ABA Journal, you should study the content of your demand letter thoroughly – making cuts without hesitation.
Separate what is necessary from what is unnecessary. Remove every unnecessary sentence and then review the content again to remove every unnecessary word. If you end up deleting a large amount of your content, view that with a positive perspective. It is much better to send a 3-paragraph demand letter filled with value and necessary content than a 3-page letter filled with valueless, unnecessary content. Having this approach to your legal writing may also help you when analyzing and reviewing other important aspects of your legal writing and overall casework.
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