A cease and desist letter can be sent when you want a person or organization to stop engaging in actions that are harming you. A cease and desist letter notifies the recipient that they are causing you harm, harassing you, or infringing your rights and formally demands they stop their conduct.
A common question that comes up with cease and desist letters is whether a lawyer is required to send one. The answer is no, a cease and desist letter does not need to be sent by a lawyer, but for reasons we will explain, using a lawyer is highly preferable. Writing and sending a cease and desist letter does not require a license to practice law – anyone can technically draft and send a cease and desist letter, but leaving it in the hands of a legal professional is usually a much better idea. It should also be noted that a cease and desist letter is different from a cease and desist order, whereas the latter requires the involvement of a court.
A cease and desist letter can be sent to stop the following types of misconduct:
- Defamation (slander or libel)
- Intellectual property infringement (trademarks, patents, and copyrights)
- Cyberbullying, stalking, invasion of privacy, and other kinds of harassment
- Breach of contract (such as an NDA)
- Violation of a non-compete agreement
- Encroachment or nuisance by a neighbor
- Infringement of your legal rights
If you need to send a cease and desist letter to a person, business, or organization that is infringing on your rights, Demand Letters can connect you to a lawyer that will send a letter for a low, all-inclusive flat rate.
If I can send a cease and desist letter, why should I use an attorney?
Anyone can write and send out a cease and desist letter. There are a few reasons, however, why you should strongly consider using an attorney instead:
- A letter from a lawyer carries gravitas. It is more likely to be taken seriously by the recipient and demands immediate attention.
- If you have already made attempts to resolve the situation on your own, or the offending party knows who you are, a letter sent by yourself will not be as impactful as one sent by a lawyer.
- A legal professional will know how to draft an effective cease and desist letter with the right tone and substance.
- An attorney will help you if you need legal assistance if the recipient doesn’t comply with the cease and desist letter.
- There are some pitfalls with drafting a cease and desist letter on your own. For example, you need to be careful that the letter doesn’t contain content that could be construed as extortion, blackmail, or illegal threats.
Intuitively, most people know that having a lawyer send a cease and desist letter for them is likely to be much more successful than a DIY project. The biggest drawback of using a lawyer for most people, however, is cost, which can often be prohibitively expensive. It can cost more to have a lawyer draft a cease and desist letter than the problem at hand is worth.
Fortunately, there is now a convenient, cost-effective, and timely solution for anyone that needs a cease and desist letter. Demand Letters will connect you to a lawyer that will draft and send a cease and desist letter on your behalf for one low fee without any hidden charges, retainers, or hourly fees.
If you’re dealing with an issue that’s harming your reputation, causing you to lose sleep, damaging your business, or infringing on your rights, a cease and desist letter from an attorney on their letterhead will convey to the other side just how serious the matter is. Click here to see why Demand Letters is your best option for cease and desist letters.
What is the difference between a cease and desist letter and a cease and desist order?
Some people confuse cease and desist letters with cease and desist orders. The primary difference is that a cease and desist letter does not have legal weight backed by a court – it is a notice and demand letter sent by someone or their attorney. A cease and desist letter is a measure used before resorting to more serious action such as a lawsuit. A cease and desist letter, however, can still play a critical role if you decide to pursue legal action. The letter can establish that the party was put on notice about their offensive conduct and that you attempted to resolve the situation without resorting to litigation.
A cease and desist order, on the other hand, is granted by a court and effectively serves as a temporary injunction. A cease and desist order carries legal weight; it is an order issued by a judge that orders the other side to stop their activity until the matter can be fully adjudicated. Someone might seek a cease and desist order from a court if sending a cease and desist letter fails to do the job.
It’s generally a good idea to first send a cease and desist letter for a couple of reasons:
- The cost of sending a cease and desist letter is generally minimal compared to seeking legal action in court.
- The cease and desist letter puts the other side on notice and allows them an opportunity to resolve the matter amicably by stopping their activity.
If someone is harassing you or infringing on your rights, having a legal professional send a cease and desist letter on your behalf can be a fast and cost-effective way to enforce your rights and put a stop to the offending activities. Demand Letters is your best option for finding a legal professional that will assist you for a low flat rate. Click the “Get Started” button below today to get help.