Litig Demand Draft

When to use

Use this once intake is complete and you have verified facts, a legal theory, and a client-authorized demand number. The deliverable is a persuasive but defensible letter that states what happened, why the recipient is liable, what you want, and by when.

Not for: gathering the underlying facts (see litig-demand-intake) or analyzing a demand the client received (see litig-demand-received).

Method

1. Open with a clear identification of the client, the recipient, and the matter.
2. State facts chronologically and neutrally — assertions you can prove, not adjectives.
3. Lay out the legal basis, naming the theory and tying facts to each element.
4. Make one specific, quantified demand (dollar amount, cure, or action).
5. Set a firm, reasonable deadline (commonly 10-30 days) with a delivery method.
6. State consequences of non-compliance factually — do not threaten anything you cannot lawfully do.
7. Decision point: if fee-shifting or statutory multipliers apply, cite them to raise the cost of ignoring you; if not, lean on litigation cost and time.
8. Decision point: if settlement is preferred, add a "without prejudice / for settlement purposes" framing and an offer to discuss; if a hard line, omit it and state intent to file.
9. Mark the letter privileged/confidential settlement communication where appropriate.
10. Route to a supervising attorney for review before sending or filing.

Example

"On behalf of Acme LLC, we demand payment of $42,000 due under the March 3 Master Services Agreement... Unless payment is received by [date, 21 days out], Acme will pursue all available remedies, including recovery of attorney's fees under Section 9 of the Agreement."

Pitfalls

• Overstating the law. Misciting a statute or overpromising remedies destroys credibility and invites a confident rebuttal.
• Unlawful threats. Threatening criminal prosecution to gain civil advantage can be extortion and an ethics violation in many jurisdictions.
• Vague demand. "Compensate us fairly" gives the recipient nothing to accept; state a number and a deadline.
• Admissions. Loose factual claims become party admissions if the matter litigates — say only what you can prove.

Output format

[Firm letterhead]
[Date]  VIA [certified mail / email]
Re: [Matter] — DEMAND

Dear [Recipient]:
1. Introduction & representation
2. Statement of Facts
3. Legal Basis (theory → elements)
4. Demand: [$ amount / specific action]
5. Deadline: [date]; method of compliance
6. Consequences of non-compliance
7. Reservation of rights
[Signature block]

Reference

Under FRE 408 (and state equivalents), statements made in compromise negotiations are generally inadmissible to prove liability — labeling a letter as a settlement communication can protect it, though exceptions exist. Many jurisdictions treat threats of criminal charges to collect a civil debt as improper (see ABA Model Rules and state bar opinions); keep consequences civil. Certain claims require pre-suit demand as a condition precedent (e.g., some insurance bad-faith and consumer statutes with statutory-damages triggers). Deadlines should be reasonable relative to the recipient's ability to respond; courts and juries view aggressive ultimatums unfavorably. This is general information, not legal advice, and requirements vary by jurisdiction — a licensed attorney must review before the letter goes out.