Hiring outside counsel gives you and your business a wide range of benefits and protections. When hiring outside counsel, you should seek a lawyer who understands the standards and values that your company was built upon.
If another person, company, or organization negatively impacts your business, they could do so through libel (written) or slander (spoken). Or they could be infringing on your protected intellectual property. Regardless, your attorney will advise you on the best and most appropriate course of action.
Anyone can send a cease and desist letter—but that doesn’t mean you should. Or that you’re not taking on additional risks by not having one drafted by someone with a command of the law. Your lawyer can concisely state your issue, how it should be resolved, and even a timeline for doing so.
In many cases, a cease and desist letter can be a quick and cost-effective way of resolving your issue. If someone is using your copyrighted material, there’s always the possibility they were doing so unintentionally. Things like libel, slander, and harassment, which can be the reason for your letter, are usually more deliberate.
Regardless, the point of your letter is to resolve the issue. If done incorrectly, you could potentially make your situation worse.
Things To Avoid
Cease and desist letters are not written because something good is happening. When your intellectual property is being used, or someone is negatively (and wrongly) impacting your business, your letter could reflect your anger.
You are trying to avoid a future battle, not initiate one. Choosing to utilize outside legal counsel is the easiest way to ensure your letter is precise and factual. If you write one yourself, focus on what is happening now and that it should stop. In other words, don’t make your letter entirely about the consequences, such as threatening to sue.
Another pitfall is to exaggerate the consequences or state an unrealistic demand. If the recipient perceives you to misunderstand the law and its application, the nature of your entire letter may be called into question.
If, for example, your intellectual property is being used without your permission, your outside legal counsel will be your best source for advice. Their skill and experience with the law allows them to express what is being violated, what realistic consequences are, and how to resolve them.
At Neve Webb, we love working with people who are working to build and protect their businesses. For any issues related to business law, contact the attorneys at Neve Webb to schedule your consultation.
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