Can I send my own cease and desist letter or do I need an attorney?
Asked by
AshlynM (
10684)
January 10th, 2012
I realize some documents you do not need to pay an attorney to write one up for you, such as lease agreements for apartments/houses.
But what about cease and desist letters?
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4 Answers
I am not a lawyer, but I would think you can definitely try it without a lawyer, send it certified mail.
And in addition to sending it certified mail, keep a copy of the letter you sent, and staple the receipt from the certified mail to it. I don’t know if having the letter notarized would make a difference, but it wouldn’t hurt.
I don’t think you need an attorney.
Yes you can. A cease and desist letter is a request of another to stop a certain action in violation of a copyright, an agreement between parties, or otherwise infringes on the rights or property of others in some way. I am not an attorney, so there may be other reasons but those come to mind.
Your letter should be factual in nature and request they cease and desist from an action, give your grounds for the request, and indicate a failure to do so may/will result in your seeking legal recourse to protect your rights. As has been suggested, send it Certified Mail, Return Receipt Requested, and note on the letter that you have CC’d your attorney so they know you mean business.
This may be a situation in which saving money is not a good idea. Having an attorney send the letter gives it more gravitas. The people who receive it see that you have already contacted an attorney so they know you mean business.
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