how much does it cost to have a lawyer send cease and desist papers

by Guido Stiedemann DDS 7 min read

The typical fees for a cease and desist letter -- Solo Practitioner:Most solo attorneys will charge $750 - $1,200 to draft and send your demand letter. Partnerships:Most partnerships, that are generally made up of two or three attorneys, will charge about $1,500 for their time.

Hourly Rates for Cease-and-Desist Letters
Lawyers tend to prefer hourly rate fee structures to ensure they will be compensated for all time spent working on a client's case. ContractsCounsel's marketplace data shows the average hourly rate for a cease-and-desist letter lawyer ranges from $200 - $350 per hour.
Feb 2, 2022

Full Answer

Do I need a lawyer to write a cease and desist letter?

When an attorney is hired to draft the letter, one can expect the following average costs for a cease and desist letter from an attorney: Solo-Practicing Attorney: $750 – 1,200 to draft and send demand letter. Partnership Law Firms: up to $1,500 to draft and send demand letter. As you can see, the cost factor between writing your own cease ...

What is the legal weight of a cease and desist?

The typical fees for a cease and desist letter --. Solo Practitioner:Most solo attorneys will charge $750 - $1,200 to draft and send your demand letter. Partnerships:Most partnerships, that are generally made up of two or three attorneys, will charge about $1,500 for their time.

Can I file a civil suit without writing and sending a cease and desist?

What is a Cease and Desist Attorney Cost or Flat Fee? Our professional flat fee to send a cease and desist letter, or respond to one, is $750. While the letter is customized to your particular …

Can a cease and desist letter increase your damages award?

 · It depends on the complexity of the matter and who the "someone" is you want to warn. If you are simply warning an individual, expect to pay $100-$300 depending on how …

How much does it cost to have a cease and desist letter sent?

$750 to $5,000The cost of a cease and desist letter depends on many factors, but a single cease and desist letter can easily cost anywhere from $750 to $5,000.

Who can legally send a cease and desist letter?

The action or behavior at issue could be business-related or personal. The letter can be sent by someone trying to protect their intellectual property, real property, business, or it could be used to stop harassment. You may be surprised to learn just how versatile this one legal document can be.

Can an individual send a cease and desist letter?

Anyone can send a cease and desist letter. An attorney does not have to be involved. However, an attorney can advise complainants on whether their rights have been violated and if they have legal and meritorious rights to send a cease and desist letter. The attorney also knows the correct language to use.

How do you place a cease and desist order on someone?

The elements of a cease and desist letter are rather simple:Include your name and address.Include the recipient's name and address.Demand the recipient to stop the harassment.Send it via certified mail, return receipt requested.

How serious is a cease and desist letter?

Even if the sender demands or “requires” action, cease and desist letters are not summons and complaints. The sender may threaten to file litigation if a response is not received, but the letter does not mean a lawsuit has been filed. Instead, the letter is a warning of sorts.

What if someone ignores a cease and desist?

If you ignore it, the attorney who sent the letter will eventually file a lawsuit in federal court against you for trademark infringement and/or copyright infringement. This action may not happen right away. You might even think you are out of danger.

Is a cease and desist letter legally binding?

Even though a cease-and-desist letter is a non-binding letter and does not have a legal effect, it is primarily sent to the wrongdoer so that it may later be used as evidence in litigation against the wrongdoer if the alleged misconduct is not stopped.

Can you sue without cease and desist?

Can I Sue Without Issuing a Cease and Desist? Yes, you can file a civil suit without writing and sending a cease and desist. However, issuing the notice has benefits. First, it can begin negotiations to settle the matter without a court battle.

Does a cease and desist letter have to be served?

Whether you are experiencing harassment or infringement of your copyright, sending a cease-and-desist letter is an option available to you. They are relatively simple to write up and you don't even need an attorney to serve them.

Is a cease and desist letter harassment?

A cease and desist harassment letter is a written document that demands the recipient stop a certain behavior immediately. This behavior is constituted as harassment in some way.

What defines harassment?

Harassment is any unwanted behavior, physical or verbal (or even suggested), that makes a reasonable person feel uncomfortable, humiliated, or mentally distressed.

Can you post a cease and desist letter on social media?

Absolutely. You can post the cease and desist letter, but be careful not to say anything defamatory about the sender. Feel free to post the facts, but do not embellish if you do not need to. The answer to this question is for informational purposes only and does not form an attorney-client relationship.

How much does it cost to draft a cease and desist letter?

Pay a flat rate of $299 for an attorney to draft your Cease and Desist letter using his/her law firm letterhead and send it via certified mail with return service requested. For more information visit our online demand letter service page. Send a demand letter

Is it cheaper to write a cease and desist letter?

As you can see, the cost factor between writing your own cease and desist letter is dramatically lower than using an attorney. However, depending on the situation, using an attorney and paying the costs will benefit in the long run.

What is a cease and desist letter?

A cease and desist letter is a letter you send to someone demanding they cease a certain behavior or activity that is harming you. A "cease and desist order" is an official order, handed down by a court, a judge or a governmental body. The two are very often confused.

Is a letter from an attorney a legal document?

A letter from an attorney is not a legal document in the sense that it can force a person to stop. The purpose of a letter from an attorney is to threaten legal action is the behavior or activity is not stopped - and therefore you would eventually pursue a cease and desist order and financial damages accordingly.

What happens if you don't obey a cease and desist letter?

Since it is clear that we are aggressive intellectual property litigators ‚ the letter will also inform the violator that failure to obey our cease and desist letter will result in legal action which is usually a trademark lawsuit, copyright lawsuit, or patent lawsuit. While a cease and desist letter may be used as a warning against any ...

What is a cease and desist letter?

A cease and desist letter is often the first step in stopping a trademark infringement ‚ copyright infringement ‚ or patent infringement. It is a warning letter from a lawyer putting a person or organization on notice to stop using a trademark, copyright or patent without authorization.

What is a patent infringement letter?

In addition to the patent registration number or reference to a pending patent, the letter will include specifics regarding the infringing activities. The product in question must include all elements of at least one claim of a patent.

Why do you walk away from a lawsuit?

Reasons to walk away: If you can showcase a strong case or even just a willingness to hire a cease and desist attorney, you’ll let the sender know that litigation isn’t something you’re afraid of. This is often enough to end further contact.

When sending a cease and desist letter, is it important to remember that?

When sending a trademark cease and desist letter, it’s important to remember that trademark infringement requires a likelihood of confusion. This makes it important to explain in the letter why consumers may confuse two uses. Additionally, it is important to allege priority of use.

What is the difference between "cease" and "desist"?

The words cease and desist are similar but have slightly different meanings. Cease: This legal term refers to a demand that a certain action be stopped. Desist: This refers to a demand that the misconduct in question never be restarted.

What does "stop and desist" mean?

Cease and Desist Meaning 1 Cease: This legal term refers to a demand that a certain action be stopped. 2 Desist: This refers to a demand that the misconduct in question never be restarted. This could be important in situations such as Amazon trademark infringement, where it may be easy for an infringer to just start a new seller’s account and continue the infringing activity.

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What is a cease and desist letter?

Updated May 14, 2019. A cease and desist letter is a legal notice sent to someone you believe is infringing on copyrights you own the rights to. The letter is your way of stopping them.

Do you pay an attorney if she wins a verdict?

In that case, you only pay the attorney if she wins a verdict or obtains a settlement for you. An attorney can also advise you if your rights have, in reality, been violated and if so, if you have enough grounds for legal action. Also, an attorney can tell you if a cease and desist letter is the appropriate course of action, ...

Can you work out a claim without going to court?

If your claim is small, chances are you can work things out without going to court. That recourse allows both parties to settle a dispute without bearing the expenses of lawyers and court fees.

Can civil claims be appealed?

Even if you get a verdict in your favor, the defendant may file an appeal and further extend the legal process.

What happens if you send a cease and desist letter?

Issuing a cease and desist notice under the wrong circumstances can cause legal troubles for the sender. If there are threats involved in the letter, it can amount to extortion, blackmail or other crimes. In addition, if the violation turns out to be false, the party receiving the letter can sue for a judgement.

What is the difference between a cease and desist order and a cease and desist letter?

A cease and desist order is different from a cease and desist letter. The main difference is in terms of legality. Letters have almost no legal standing. Orders do. A cease and desist order is granted by a court. It serves as a temporary injunction.

Is it bad to write a cease and desist letter?

There are many dangers involved with properly writing a cease and desist letter. It is inadvisable to try to write one yourself. It could cause you more harm than help.

Is a cease and desist order a legal process?

Yes. A cease and desist order is the first step in a lawsuit. A court of law must grant an order. An attorney best handles this.

Can you send a cease and desist letter to yourself?

No. You can send a cease and desist letter yourself. These letters are not legal orders. This means they can be sent by anyone. However, never send a threatening letter. This can harm your case.

What happens if you say the wrong thing?

If you say the wrong thing you can get yourself into more trouble. For example, a letter that you write directly can be used as evidence should the case go to court. A response drafted by a lawyer, on the other hand , is considered a part of settlement negotiations and becomes inadmissible as evidence.

Can you agree to the letter's demands?

You can agree to the letter's demands and cease whatever behavior the letter demands you stop.