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A Complete Guide To Send A Lawyer Notice In India

When running a business, sometimes it becomes imperative to file a lawsuit. While there are other alternatives like mediation, negotiations, and arbitrations but, they fail to yield results. In such circumstances, you have two options. Either you can enter litigation or send a lawyer notice showing your intention to file a civil suit against the opponent in a competent jurisdiction. In some legislation, it is essential to file a legal notice before filing litigation. This notice can offer multiple benefits.

It has been proven that majority of civil suits are settled out of the court before their trial begins. It can be extremely expensive to take your case to the court. Instead of wasting your time and efforts, you should consider resolving the issues through alternative methods. However, when these options fail to work, you can file a legal notice to demand resolution and give your clear intention to file a lawsuit.

The Procedure for Sending a Legal Notice:

When drafting a legal notice, you must understand that there is a complicated terminology to be followed for drafting this notice. You need to follow the right language and tone. Also, take caution to avoid usage of facts that you may be denied in the court. Never make any contradictory statement that differs from the legal notice.  Here are given the steps to be followed for filing a legal notice:

1. Find a Lawyer and Discuss the Case:

This is the most important step to be taken. You must find a qualified and experienced lawyer to draft and send lawyer notice to your opponent. In the consultation session, discuss all the details including the names of parties involved, date of commitments, issues faced, alternatives tried, and every other relevant information. A good lawyer will carefully listen to the information provided and make relevant notes during the discussion. This helps in asking additional questions that may be required.

2. Drafting of Legal Notice:

After understanding the entire case, the lawyer will draft the legal notice in a clear manner emphasizing on the reason for sending it. This notice will also include the previous communications made in this regard. This notice will allow a timeframe of 15-60 days for settlement of the dispute in an out of court arbitration or negotiation. The time allowed for settlement may differ according to the level of grievance and solutions required. This notice is signed by the client and lawyer before sending it through courier or registered post.

3. Follow-Up of the Legal Notice:

After an acknowledgement of receipt of this notice, you can follow-up from the opponent party. Your lawyer can do this for you. It is a healthy practice and it allows ample scope for communication and negotiations, especially in the family conflicts.

As a matter of practice, you should always keep a copy of this document after you send lawyer notice. At the same time, the recipient must reply to this notice in an appropriate manner after its receipt.

Resource Box: If you are looking for Law Websites in India for consultation, the author of this article suggests VAKIL PRO.