If you've ever gotten a letter in the mail from an attorney, you'll know what I'm talking about. That sinking feeling as you see the return address, the letterhead and signature. It's not unlike that feeling you used to get when called to the principal's office - you're about to be in trouble. Before you even read it, you're searching for something you may have done wrong that you've yet to be punished for - that or you know exactly what this letter is going to be regarding, and your mind has now gone wild with how painful this is going to be. Well, the good news is, you're not alone - most everyone feels this way when they get a letter from a lawyer they didn't hire, and the even better news is, you can use this nearly universal fear and loathing to your advantage.I've often times considered adding to my list of legal specialties: "Angry Letters" because that's often times precisely what I'm called upon to do on behalf of my clients. In many circumstances such a letter has the following effects, which often go a long way towards seeking a client's objections.
1. It immediately puts the antagonizing party on notice that you're not simply going to be bullied by a larger organization, or daunted by the effort required to pursue your claim;
2. That you're willing to invest the money required to obtain competent legal representation (i.e. not your cousin who happens to be an attorney), regardless of how much it actually costs you;
3. That you have a sufficient appetite, unlike most people, for the administrative burden, and;
4. You're likely not to be fooled by bad offers, bad behavior or bad arguments.
In a very real sense you're calling this party's bluff, and rather than show down their bad hand, this other party will either fold altogether or enter into settlement talks with a renewed vigor. Although the effects of these letter can vary wildly, they, without exception, succeed in the one thing that clients often value the most; and that is, they move things along.
The cost of having a lawyer write such a letter on your behalf is often minimal (2-3 hours work, price varying depending on billing rates) and is usually well worth the investment.
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