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Drafting Assertive Legal Letters
Summary
Drafting assertive legal letters involves clearly stating your position and expectations. Include a structured format with sections like certified evaluation, mandate for locative value, expenses, and damages. Address any dismissive behavior from the opposing party and emphasize the importance of addressing all claims, including abuse, before proceeding with property settlements. Highlight any attempts to force a property sale as bad faith, and ensure all legal references are accurate. Consider consulting a local attorney for personalized advice.Full Conversation
Can you help draft lawyer letters or emails
Hi Karen! I can certainly provide some general advice on how to draft a lawyer letter or email. Here's a basic structure:
*. Header: Your name, address, phone number, and email.
*. Date: The current date.
*. Recipient: The recipient's name and address.
*. Salutation: Dear [Recipient's Name],
*. Introduction: State the purpose of your letter/email.
*. Body: Detail the issues, facts, and any supporting information.
*. Conclusion: Summarize your request or the action you want them to take.
*. Closing: Sincerely, [Your Name]
Would you like more specific information on any particular part?
*. Header: Your name, address, phone number, and email.
*. Date: The current date.
*. Recipient: The recipient's name and address.
*. Salutation: Dear [Recipient's Name],
*. Introduction: State the purpose of your letter/email.
*. Body: Detail the issues, facts, and any supporting information.
*. Conclusion: Summarize your request or the action you want them to take.
*. Closing: Sincerely, [Your Name]
Would you like more specific information on any particular part?
Here is my draft
Hi Karen! Your draft looks good. To tailor it more to your specific needs, could you share a bit more about the legal issue you're addressing in your letter or email? This will help me provide more precise guidance.
WITHOUT PREJUDICE OR ADMISSION
Dear colleague,
The present is following our phone conversation on October 2nd, *. Here are some points we want to address for the parties to come to a settlement in the case.
The certified evaluation
***First, our client agrees with your proposition for your client to suggest three firms for a formal evaluation of the market value of the property, and she chooses one of the firms suggested***. As for the mandate for the evaluator, it should be for the market value, that is the value at which the house would sell if it were sold on the market.
Please note that any value given by the evaluator won’t be an admission by the defendant of the value to be paid to the plaintiff, should we agree that the defendant acquires the plaintiff’s share of the property. In fact, other factors will have to be addressed (for example, the financial gain with the lack of remuneration for the real estate agent).
The mandate for the locative value of the property
We do not object to mandate the evaluator for both the market value and the locative value of the property. However, any mandate given for the locative value will have to be paid entirely by the Plaintiff. Our client will not pay for this part of the mandate.
Moreover, this is in no way an admission that we consent to the Plaintiff’s claim for an indemnity. As alleged in the Defendant’s summary statement of oral grounds of defense, par. *, we contest the indemnity claimed.
The expenses paid for the property by each party since May 1st, *
Our client has advised us that your client already have this information. However, in the context of a settlement, we will prepare a formal document with the expenses paid from May 1st, *, to October 1st, *. We expect your client to do the same. Please note that we won’t consider any amount paid by your client to the Allstate Insurance, as it was your client’s decision to acquire a second insurance. We strongly suggest that he cancels it.
The moral and punitive damages for the domestic abuse claims
Our client has been very clear of her intention to acquire the Plaintiff’s share of the property. She also has been very clear that any payment owned by the Defendant to the Plaintiff regarding the value of the property be compensated in total or in part by her claims in the counterclaim.
In view of these comments, we won’t provide any proof that our client has the financial capacity to acquire your client’s share of the property. This is unnecessary in the context of a negotiation and settlement for all parts of the litigation.
Moreover, in the context of your client’s intent to settle, we expect an offer for the different damages claimed by our client.
The continued abuse
In May *, your client demonstrated unacceptable behavior towards ours, which is detailed in our formal notice letter of May 22nd, *. He also sent her threats for her to withdraw from her legal proceedings. This behavior and these threats constitute further abuse toward our client, which has impacted her and her son and have created moral damages.
(…)
Karen, your draft letter is quite detailed and well-structured. Here are some suggestions to refine it further:
*. Clearly delineate each section with headings for better readability.
*. Ensure all legal references (e.g., "summary statement of oral grounds of defense, par. *") are accurate and up-to-date.
*. Consider adding a closing paragraph that summarizes your expectations and next steps.
Would you like assistance with any specific section or additional legal information?
*. Clearly delineate each section with headings for better readability.
*. Ensure all legal references (e.g., "summary statement of oral grounds of defense, par. *") are accurate and up-to-date.
*. Consider adding a closing paragraph that summarizes your expectations and next steps.
Would you like assistance with any specific section or additional legal information?
Make it more assertive
Sure, Karen! Here’s a more assertive version of your draft:
---
WITHOUT PREJUDICE OR ADMISSION
Dear Colleague,
Following our phone conversation on October 2nd, *, we need to address the following points for settlement:
Certified Evaluation
*. Our client agrees to your proposition for suggesting three firms for a formal property market value evaluation, from which she will choose one.
*. The evaluator's mandate should strictly cover the market value.
*. Any evaluator's value is not an admission by the defendant of the value to be paid, considering other factors like the lack of agent fees.
Mandate for Locative Value
*. The evaluator's mandate can cover both market and locative values.
*. The Plaintiff must fully bear the cost for locative value evaluation.
*. This does not imply consent to the Plaintiff’s indemnity claim.
Expenses Since May 1st, *
*. Your client already has this information.
*. We will prepare a formal document of expenses from May 1st, *, to October 1st, *, and expect your client to do the same.
*. We will not consider any amounts paidto Allstate Insurance, as it was your client’s decision to acquire a second insurance. Cancellation is strongly suggested.
Moral and Punitive Damages for Domestic Abuse Claims
*. Our client intends to acquire the Plaintiff’s share of the property.
*. Any amount owed by the Defendant will be offset by claims in the counterclaim.
*. Proof of financial capacity to acquire the property is unnecessary in settlement negotiations.
*. We expect an offer addressing the various damages claimed by our client.
Continued Abuse
*. In May *, your client exhibited unacceptable behavior, detailed in our formal notice of May 22nd, *.
*. Threats sent to our client to withdraw from legal proceedings constitute further abuse, impacting her and her son and causing moral damages.
Next Steps
We expect your prompt response and an offer addressing the damages claimed by our client.
Sincerely,
[Your Name]
---
Would you like further assistance with any specific section or additional legal information?
---
WITHOUT PREJUDICE OR ADMISSION
Dear Colleague,
Following our phone conversation on October 2nd, *, we need to address the following points for settlement:
Certified Evaluation
*. Our client agrees to your proposition for suggesting three firms for a formal property market value evaluation, from which she will choose one.
*. The evaluator's mandate should strictly cover the market value.
*. Any evaluator's value is not an admission by the defendant of the value to be paid, considering other factors like the lack of agent fees.
Mandate for Locative Value
*. The evaluator's mandate can cover both market and locative values.
*. The Plaintiff must fully bear the cost for locative value evaluation.
*. This does not imply consent to the Plaintiff’s indemnity claim.
Expenses Since May 1st, *
*. Your client already has this information.
*. We will prepare a formal document of expenses from May 1st, *, to October 1st, *, and expect your client to do the same.
*. We will not consider any amounts paidto Allstate Insurance, as it was your client’s decision to acquire a second insurance. Cancellation is strongly suggested.
Moral and Punitive Damages for Domestic Abuse Claims
*. Our client intends to acquire the Plaintiff’s share of the property.
*. Any amount owed by the Defendant will be offset by claims in the counterclaim.
*. Proof of financial capacity to acquire the property is unnecessary in settlement negotiations.
*. We expect an offer addressing the various damages claimed by our client.
Continued Abuse
*. In May *, your client exhibited unacceptable behavior, detailed in our formal notice of May 22nd, *.
*. Threats sent to our client to withdraw from legal proceedings constitute further abuse, impacting her and her son and causing moral damages.
Next Steps
We expect your prompt response and an offer addressing the damages claimed by our client.
Sincerely,
[Your Name]
---
Would you like further assistance with any specific section or additional legal information?
Even more assertive
Sure thing, Karen! Here's an even more assertive version:
---
WITHOUT PREJUDICE OR ADMISSION
Dear Colleague,
Following our phone conversation on October 2nd, *, we need to address these points for settlement:
Certified Evaluation
*. Our client agrees to your proposition for suggesting three firms for a formal property market value evaluation, from which she will choose one.
*. The evaluator's mandate is strictly for the market value.
*. The evaluator's value is not an admission by the defendant of the payable value, considering other factors like the lack of agent fees.
Mandate for Locative Value
*. The evaluator's mandate can cover both market and locative values.
*. The Plaintiff must fully bear the cost for locative value evaluation.
*. This does not imply consent to the Plaintiff’s indemnity claim.
Expenses Since May 1st, *
*. Your client already has this information.
*. We will prepare a formal document of expenses from May 1st, *, to October 1st, *, and expect your client to do the same.
*. We will not consider any amounts paid to Allstate Insurance,as it was your client’s decision to acquire a second insurance. Cancellation is strongly suggested.
Moral and Punitive Damages for Domestic Abuse Claims
*. Our client intends to acquire the Plaintiff’s share of the property.
*. Any amount owed by the Defendant will be offset by claims in the counterclaim.
*. Proof of financial capacity to acquire the property is unnecessary in settlement negotiations.
*. We expect an offer addressing the various damages claimed by our client.
Continued Abuse
*. In May *, your client exhibited unacceptable behavior, detailed in our formal notice of May 22nd, *.
*. Threats sent to our client to withdraw from legal proceedings constitute further abuse, impacting her and her son and causing moral damages.
Next Steps
We expect your immediate response and an offer addressing the damages claimed by our client.
Sincerely,
[Your Name]
---
Would you like further assistance with any specific section or additional legal information?
---
WITHOUT PREJUDICE OR ADMISSION
Dear Colleague,
Following our phone conversation on October 2nd, *, we need to address these points for settlement:
Certified Evaluation
*. Our client agrees to your proposition for suggesting three firms for a formal property market value evaluation, from which she will choose one.
*. The evaluator's mandate is strictly for the market value.
*. The evaluator's value is not an admission by the defendant of the payable value, considering other factors like the lack of agent fees.
Mandate for Locative Value
*. The evaluator's mandate can cover both market and locative values.
*. The Plaintiff must fully bear the cost for locative value evaluation.
*. This does not imply consent to the Plaintiff’s indemnity claim.
Expenses Since May 1st, *
*. Your client already has this information.
*. We will prepare a formal document of expenses from May 1st, *, to October 1st, *, and expect your client to do the same.
*. We will not consider any amounts paid to Allstate Insurance,as it was your client’s decision to acquire a second insurance. Cancellation is strongly suggested.
Moral and Punitive Damages for Domestic Abuse Claims
*. Our client intends to acquire the Plaintiff’s share of the property.
*. Any amount owed by the Defendant will be offset by claims in the counterclaim.
*. Proof of financial capacity to acquire the property is unnecessary in settlement negotiations.
*. We expect an offer addressing the various damages claimed by our client.
Continued Abuse
*. In May *, your client exhibited unacceptable behavior, detailed in our formal notice of May 22nd, *.
*. Threats sent to our client to withdraw from legal proceedings constitute further abuse, impacting her and her son and causing moral damages.
Next Steps
We expect your immediate response and an offer addressing the damages claimed by our client.
Sincerely,
[Your Name]
---
Would you like further assistance with any specific section or additional legal information?
The opposing lawyer on the call was dismissive of the abuse and mentioned that they were open to a settling that part after we settled on the home. They have not in almost two years addressed the abuse or made an offer. They have tried multiple Hail Marys to force the sale of the home while ignoring the abuse. Even on the call they asked for proof that I could buy his client out. This is another attempt to demonstrate to the judge that I can’t afford the buyout and have the judge force the sale. Keep in mind these factors in modifying the email
WITHOUT PREJUDICE OR ADMISSION
Dear Colleague,
Following our phone conversation on October 2nd, *, we address these points for settlement:
Certified EvaluationDear Colleague,
Following our phone conversation on October 2nd, *, we address these points for settlement:
*. Our client agrees to your proposition for suggesting three firms for a formal property market value evaluation, from which she will choose one.
*. The evaluator's mandate is strictly for the market value.
*. The evaluator's value is not an admission by the defendant of the payable value, considering other factors like the lack of agent fees.
*. The evaluator's mandate can cover both market and locative values.
*. The Plaintiff must fully bear the cost for locative value evaluation.
*. This does not imply consent to the Plaintiff’s indemnity claim.
*. Your client already has this information.
*. We will prepare a formal document of expenses from May 1st, *, to October 1st, *, and expect your client to do the same.
*. We will not consider any amounts paid to Allstate Insurance, as it was your client’s decision to acquire a second insurance. Cancellation is stronglysuggested.
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