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Demand LetterPrior to initiating litigation, it usually (but not always) makes sense to try to explore settlement. Sometimes, a demand letter from an attorney will instigate a conversation that will lead to an expeditious and cost effective resolution of the claim. As a majority of cases do settle rather than proceed to trial, I try from the outset to create a climate of mutual respect and professional cordiality. I generally follow up a demand letter with a telephone call. Sometimes a letter and phone call do not result in a positive response (or any response) from the opposing party.
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