It is common legal practice to inform another party about grievances you have with them which you are seeking legal address for. A legal notice is the document that is used to convey such a message. Usually, this is written by a lawyer on behalf of their client even though you could directly draft the document yourself.
To ensure that the document has the desired impact of communicating what actions are being taken against another party, the following best practices need to be followed:
A legal notice needs to be written on headed paper from the legal firm representing the aggrieved party. The letterhead should bear the standard logo of the firm as well as the address and contact details of the firm. For purposes of authenticity, this should be colored to properly represent the colors on the firm's logo. The letterhead also helps the receiving party in case they want to respond to the notice. The address given is usually what they will use to respond.
The notice needs to be dated so that the respondent can know when it was issued and at times the notice may require action to be taken within a particular period from the date of issuance so the date must never be left out.
A legal notice is a document that must be served directly to the defendant and so it should also be addressed directly. Just like a letter, it should indicate who it is addressed to and the individual’s full name must be included. Alternatively, if the defendant is an organization, then its name must be included. The defendant's physical address should follow below the name.
When a lawyer writes a legal notice, they need to indicate that they are acting on behalf of their client. Usually the phrase “under instruction of my client…” is used at the beginning and the client’s name will follow along with their physical address or business premises. After that, every paragraph will be prefixed with “My Client states…” this indicates that the client is the aggrieved and the lawyer is simply acting on instructions.
The body of the notice must clearly communicate whatever grievance the client has. If for example, the notice is for divorce, then the body should describe the reasons being brought before the court to grant a divorce. Each grievance should appear in a separate paragraph and should be numbered for easier reference.
After laying out grievances, the party should be informed what remedies the aggrieved person wants. For example, if the legal notice is about failure to pay rent, then the remedy would be to pay the rent. The remedy sought has to include a time frame for such action to be taken and possible action that the aggrieved will take if the action isn't taken within the specified time. The action does not have to be an ultimatum all the time, sometimes it is an invitation to settle the differences in a meeting at a specified time and location.
Like most legal documents, signatures need to be included. The advocate will append their signature first as the author of the document and the client will sign below the statement “Under instruction of client.”
The State in which the notice is served may determine how the document is delivered. If electronic delivery is acceptable, then sending it as an email is an option but you will need proof of receipt. If it is printed and hand-delivered, ensure a color printer is used. Standard templates for this document will make it easier to draft.
Windward offers the best automatic legal notices generator that can help you create them in a matter of few seconds by using templates and dynamic data. Try us free before you buy for the next 14 days - download our free trial today.