Are Demand Letters Worth It?

In Massachusetts, only under certain circumstances is a demand letter prior to filing a lawsuit required. Nonetheless, they have become customary. Are they worth it? Some lawyers do not bother sending a demand letter before filing a complaint because often the demand will be ignored, or you get a response back that says “go pound sand.” We get it.

Our view, generally, is that a demand letter is worth the effort if done correctly. A demand letter that says “you breached the contract, give me money,” I agree is usually worthless. Our demand letters are usually detailed, include the law and an analysis of the damages. We also tend to attach a draft complaint to the demand. In our view, this conveys the message that our client is serious and ready to go.

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Demand letters can be effective when excecated correctly. Our attorneys are here to help.

We recently had a seven-figure case against a multi-national company settle prior to litigation in a sale of goods case. In the demand letter we included a thorough analysis of the Uniform Commercial Code’s Article 2 damages provision. We have also settled other business litigation after a demand letter and prior to a lawsuit through mediation. Mediation can be a useful tool at this early stage if the facts are mostly known and not hotly disputed.

On balance, we think demand letters are usually worth the effort.

Call us at (617) 752-2371, email inquiry@tflawllc.com or contact us here on our website to speak with an attorney about if demand letters are worth it for your specific application. 

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