Demand letters may seem like they’re merely hammer-strokes, the first blow of litigation. But the most effective demand letters are more subtly crafted. Tone is important. Vitriolic letters – letters that do not keep a client’s goals in mind and misjudge a reader’s range of likely reactions – may be counterproductive. Rather than moving the process along toward a favorable conclusion, it may result in setbacks and additional costs.
Tuesday, March 29, 2016
12:00 PM - 1:00 PM
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Nebraska Activity #121544, 1.0 hour CLE
Demand letters may seem like they’re merely hammer-strokes, the first blow of litigation. But the most effective demand letters are more subtly crafted. Tone is important. Vitriolic letters – letters that do not keep a client’s goals in mind and misjudge a reader’s range of likely reactions – may be counterproductive. Rather than moving the process along toward a favorable conclusion, it may result in setbacks and additional costs. There’s also a subtle balance between precision and vagueness, stimulating favorable action toward a specific outcome but leaving enough room for the reader to speculate about adverse consequences and the parties room to negotiate. There’s also the issue of how much of your case – favorable facts and persuasive law – to include in the letter, how much to show, how much to conceal. In most instances, form letters miss the mark. This program will provide you with a real-world guide to setting goals and carefully crafted demand letters to advance client goals.
- Drafting effective demand letters
- How form letters often miss the mark
- Determining your goal and setting realistic expectations
- Striking the right tone – how aggressive is too aggressive?
- Precision v. vagueness - leaving room for speculation and negotiation
- How much of your case – the facts and the law – to include in the letter?
- Common traps and mistakes in demand letters
William J. Kelly, III is a founding member of Kelly & Walker LLC, and has more than 25 years’ experience in the areas of employment and commercial litigation. In the area of employment law, he litigates trade secret, non-compete, infringement and discrimination claims in federal and state courts nationwide and has advised Fortune 50 companies on workplace policies and practices. In the area of commercial litigation, his experience includes class action litigation, breach of contract and indemnity, mass-claim complex insurance litigation, construction litigation and trade secrets. Earlier in career, he founded 15 Minutes Music, an independent music production company. Mr. Kelly earned his B.A. from Tulane University and his J.D. from St. Louis University School of Law.
To Register:Cost $89.00
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Sara Weber, Nebraska State Bar Association
(402) 475-7091 ext # 131; firstname.lastname@example.org