In the realm of legal disputes and commercial transactions, the use of a demand letter is a common practice. It serves as a formal request to rectify an alleged wrong or to fulfill an obligation. In the context of the Philippines, this article explores the question, "Is it proper to have a consultant create and send a demand letter to the person you're planning to sue?"
What is a Demand Letter?
A demand letter is a formal written request for someone to fulfill a legal obligation, such as paying a debt or performing a service under a contract. It often serves as a prelude to legal action if the demand is not met.
Can a Consultant Prepare and Send a Demand Letter?
Legal Standpoint: There is no specific law in the Philippines that prohibits a consultant from drafting or sending a demand letter. However, the efficacy and appropriateness may vary depending on the situation and the qualifications of the consultant.
Qualification of the Consultant: If the consultant is well-versed in the matter at hand, such as a legal consultant who specializes in the relevant area of law, then preparing and sending a demand letter through them could be deemed appropriate.
Consultant's Role: Understanding the role of the consultant in the issue is crucial. If the consultant has a direct role in the matter (e.g., a business consultant in a commercial dispute), their involvement in drafting and sending the demand letter may make sense.
Engagement of a Lawyer: While it may be legally permissible to use a consultant, engaging a lawyer, particularly one who specializes in the relevant field of law, is often advisable. Lawyers possess the necessary legal training to craft demand letters that comply with legal standards and may offer a more authoritative approach.
What Should Be Included in a Demand Letter?
Clear Statement of Demand: The letter should clearly state what is being demanded and the basis for the demand.
Evidence and Support: Any supporting documents or evidence should be mentioned or attached to substantiate the claim.
Deadline for Compliance: A reasonable deadline for the recipient to comply with the demand should be specified.
Statement of Further Action: Indicate that failure to comply may result in further legal action.
Contact Information: Include the contact information of the person making the demand or their representative.
Conclusion
While it may be common in some situations to engage a consultant to prepare and send a demand letter in the Philippines, the appropriateness of this approach depends on various factors, including the qualifications of the consultant and the nature of the issue. Consultation with a lawyer who specializes in the relevant field of law is often recommended to ensure that the demand letter is properly drafted and sent, and that it complies with all relevant legal standards in the Philippines.