where can i get a lawyer to draft a cease & desist letter for free in philadelphia

The short answer is no, you do not need to hire an attorney. Anyone (whether the complaint is well-founded or not) can send out a cease and desist letter. However, there are reasons why you may want an attorney who specializes in copyright laws at least review your letter before sending it out.

Full Answer

Do I need an attorney to write a cease and desist?

A Cease and Desist letter may help you deal with a situation like this from a legal standpoint. Continue reading to learn how to write a cease and desist letter, view a cease and desist letter template, and determine the cost if you decide to hire an attorney to write your letter for you. However, all are encouraged to take the high road.

Is it time to draft a cease and desist letter?

For those who feel that it’s time they draft a cease and desist letter, whether for personal reasons or business reasons, it should not be taken lightly. Here are some tips on the dos and don’ts of how to go about writing a cease and desist letter. When is a Cease and Desist Letter the Right Option?

How do I get a cease and desist order?

The first step to obtaining a cease and desist order is to file a lawsuit with the court. After that, the recipient will have the opportunity to respond. The court will then make the decision based on the facts presented by both sides.

What to do if you receive a letter from a lawyer?

Such attorneys know the best way to write a letter that will achieve its purpose, avoid becoming legally problematic for the sender, and start the process in a positive way. Similarly, if you receive such a letter, it's best to hire the services of an attorney before you issue any response.

How much does it cost to write a cease and desist?

Hourly Rates for Cease-and-Desist Letters ContractsCounsel's marketplace data shows the average hourly rate for a cease-and-desist letter lawyer ranges from $200 - $350 per hour.

Can I make my own cease and desist letter?

How to Serve a Cease-and-Desist Letter. No specified method of delivery is required for a cease-and-desist letter. Because it is not a legal document, you can write and send the letter yourself without the help of a legal professional, or you can hire an attorney to write and serve the letter for you.

Who can draft a cease and desist letter?

Yes, anyone can send a Cease and Desist Letter. You do not need to hire an attorney to write one for you. An attorney, however, can help you determine whether your rights have been violated and if you have enough grounds to pursue legal action.

Who can issue cease and desist orders?

A cease and desist order is issued by a court or government agency and has legal power. A cease and desist letter may be sent by an individual or a company. It is a request but it may be followed by legal action if ignored.

Can a cease and desist letter be considered 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 happens if a cease and desist letter is ignored?

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.

Can you send a cease and desist letter without a trademark?

A Valid Trademark is Required BEFORE Sending a Cease and Desist Letter. A trademark may be a name, logo, slogan, motion, or sound which when used in conjunction with the sale of a good or service, serves as a source identifier and distinguishes the proprietor of the trademark from its competitors.

What information is needed for a cease and desist letter?

The letter should include specific dates that the harassment occurred, a detailed description of the harassing behavior, and the date at which you will take further legal action if the behavior doesn't stop. Trademark infringement: A copyright automatically applies to any work that is written.

Should I be scared of a cease and desist letter?

Either way you dice it, these letters can be very scary to a non-lawyer and should be given the utmost respect, at lease until you know for sure whether the claims in the letter are legally valid. That being said, a cease and desist letter has no legal significance.

How much does a cease and desist letter cost UK?

between £500 to £1,000How much does a cease and desist letter cost? The cost of a cease and desist letter will vary between law firms, but the price is typically between £500 to £1,000. Some firms charge per hour whilst others, like ourselves, offer fixed fee quotes.

How do you stop someone from slandering you?

You can file a lawsuit for libel or slander, or you can seek a restraining order from the court. But the cheapest step is to first send a cease and desist letter that tells the party to stop or face the consequences.

Can you send a cease and desist letter to a neighbor?

Demand Letters can help you deal with a bad neighbor by connecting you with a lawyer who will draft and send a cease and desist letter on your behalf for one rate with no hidden fees or charges. In many cases, the neighbor will immediately stop their actions upon receiving a cease and desist letter.

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.

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.

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, ...

What Is a Cease and Desist Order?

A cease and desist order is issued by an administrative agency that demands the recipient to stop engaging in certain acts. This document is used in labor and employment disputes, security law, education administration, and other areas of the law. In most cases, an administrative judge will decide whether to issue a cease and desist order or not.

Contents of a Cease and Desist Order

The first step to obtaining a cease and desist order is to file a lawsuit with the court. After that, the recipient will have the opportunity to respond. The court will then make the decision based on the facts presented by both sides. The content of a cease and desist order will include the following:

Cease and Desist Order vs Cease and Desist Letter

The cease and desist order is not to be confused with the cease and desist letter. There are significant differences between the two.

Should You Write a Defamation Cease and Desist Letter?

If you don't want to go to court yet, you have the option of writing a cease and desist letter! Sending the letter can be a proper first step to resolving the dispute or in finding out if there are legal rights violated. If you decide to draft a cease and desist letter on your own, there are some considerations that you need to take such as:

DoNotPay Can Draw Up A Defamation Cease and Desist Letter for You in Minutes!

To ensure the proper tone and technical accuracy of a cease and desist letter, it is recommended to have a legal expert help with the drafting or review. However, this also comes with prohibitively expensive fees. That is where DoNotPay can help.

What Else Can DoNotPay Do?

DoNotPay doesn’t stop at helping you write cease and desist letters. The AI-powered robot lawyer can help you with day-to-day issues such as cancelling subscriptions, creating passport photos, appealing parking tickets, and so much more! Here's what else we offer:

What is a cease and desist letter?

A cease and desist letter is a written notice requesting an individual or business engaging in unlawful, unwanted, or harmful conduct to stop and refrain from such behavior now and in the future. This letter is typically used to ask someone to immediately end their... read more.

What does "without a cease and desist letter" mean?

Without a cease and desist letter, the individual or business has not been put on notice to stop any behavior. Without having the individual or business on notice, the unlawful behavior will likely continue which could cause harm to you or your company depending on... read more.

Can you comply with a cease and desist letter?

People tend to avoid litigation at all costs and typically comply when they receive a cease and desist letter. However, sometimes they fail to comply. When someone fails to comply with a cease and desist letter, there are a few options still available to have your... read more. Contact Us.

Can an opposing party disregard your correspondence?

The opposing party will completely disregard your correspondence if you send it. They are aware that there is little, if anything, you can do to cease or desist their infringing behavior. However, the value of a lawyer writing this correspondence offers you the leverage and the teeth that other websites cannot.

Can a thoughtfully tailored letter open the path to resolution?

In many instances, a thoughtfully tailored letter can open the path to resolution. Competitors offer you form letters for download and distribution. However, these obvious nonspecific correspondence do not carry the same value and inherent power that a narrowly tailored correspondence sent from a lawyer offers you.

If I can send a cease and desist letter, why should I use an attorney?

Anyone can write and send out a cease and desist letter. There are a few reasons, however, why you should strongly consider using an attorney instead:

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

Some people confuse cease and desist letters with cease and desist orders. The primary difference is that a cease and desist letter does not have legal weight backed by a court – it is a notice and demand letter sent by someone or their attorney. A cease and desist letter is a measure used before resorting to more serious action such as a lawsuit.

Final thoughts

If someone is harassing you or infringing on your rights, having a legal professional send a cease and desist letter on your behalf can be a fast and cost-effective way to enforce your rights and put a stop to the offending activities. Demand Letters is your best option for finding a legal professional that will assist you for a low flat rate.

What happens if you give a debt collector a cease and desist letter?

By providing the debt collector with a cease and desist letter, the harassing phone calls and abrupt visits to your home can be halted. Once a debt collector receives your letter, they can, legally, only contact you once more. This final contact can only be to explain that they are ceasing communication.

What is a cease and desist letter?

Cease and desist letters are a written warning sent to the party causing harm that notifies that if they do not stop the mentioned actions, further action and potential legal ramifications will be taken. These letters are not a legally binding order against another party.

Why is it important to send a cease and desist letter?

It is useful to send a cease and desist letter, in these circumstances, to request the opposing party to stop falsified written and oral statements. It is important to include why the statements are false and a correction to the statements in the letter.

Can you send a cease and desist letter to another party?

Legally, any person can send a cease and desist letter to another party. This is partly due to the letter not being a legal order to stop the actions. Although, if you are foreseeing a lawsuit in the future, it is good practice to meet with an attorney for guidance.

Can a cease and desist letter be taken lightly?

Personal attacks should not be taken lightly. In certain circumstances, sending the offender a cease and desist letter can provoke them further. However, in a majority of situations, when receiving a cease and desist letter, the offender will understand that you are serious and mean business.

Can a cease and desist letter be used as a first measure of action?

In some instances, a cease and desist letter may not be an appropriate first measure of action.

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 should a cease and desist letter include?

There are a few items every cease and desist letter should include. First, explain your rights. Second, detail how your rights are being violated. Finally, you must include a command to stop the actions you are being harmed by.

What is a cease and desist notice?

Use a cease and desist notice if you want to issue a formal warning to someone to stop doing what they're doing. This includes using your property, harassing you, or illegally using your trademarks. Usually, but not always, a cease and desist is the first formal step following an informal notification.

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.

What is the first step to take to address these issues?

Engaging in illegal or suspicious activity that involves someone's work. The first step that you can take to address these issues is to send a cease and desist letter.

What is the purpose of cease and desist?

However, it fulfills an important function in the legal process. It establishes that you have told the offender about their violation. They now cannot claim they didn't know they were in violation.

Why do we need a cease and desist?

It also often stops the offending behavior without the need to take it any further.

What to avoid when writing a cease and desist letter?

Here are some things to avoid: Watch the Tone: Threatening to sue early in the process might be something that is merited, but it shouldn’t necessarily be included right from the jump. A cease and desist letter should be clear enough in its intentions that what the party is doing is offensive and they should stop.

What is a cease and desist letter?

Cease and desist letters, or notices, are used to notify an individual or organization of some kind that they are harassing or infringing on properties or ideas. These activities can include many different things like stalking, libel, slander, or any kind of copyright infringement.

Can slander be circulated?

Slander and Libel: Rumors may spread and slanderous comments may be circulated on social media against someone, and this can seem like the norm today. But cease and desist slander letters can be sent out in order to stop any more of this kind of activity from happening.