Archeticture of a Cease & Desist Letter

Cease-and-desist letters
A cease-and-desist letter is a letter demanding that the recipient refrain from a certain behavior or face legal action. Some types of behaviors that may prompt such letters include:[citation needed]
• Harassment by telephone by a collection agency or junk debt buyers
• Stalking or other forms of harassment
• Property, neighborhood, and boundary disputes
• Patent infringement, copyright infringement or trademark infringement
Libel or slander
• Creating a hostile environment

I need help constructing a Cease and Desist Letter for slander, defamation and creating a hostile living environment. I am looking for the structure, content, architecture, form, etc.

I am in a recovery house living environment where there is an insidious character (think Wormwood in Return of the King) who is devious, cunning, and sly. He is continually creating toxic dramas and instigating attacks on fellow members through the use of, at times, complete lies, but more often half-truths, innuendo and insinuation. Because of his subtleness he is very hard to pin down. He has an uncanny knack for planting sublte seeds that the other people drawn into the drama actually think that they thought of it or their pride won’t allow them to admit they have been punked.

I want an official document that I will put on my lawyer’s letterhead signed by him. I am doing this more for the psychological effect than anything. I had to do a similar thing years ago in a work environment by having a court reporter friend type up what’s called the Title Page to a deposition with all the names, BE IT REMEMBERED, etc. I put it with a stack of another dep to give it some bulk. It worked like a charm. The person was similar to this guy and she ran for the hills.

I need help with this, especially anyone with legal training. I know this may sound a bit radical, but when dealing with a person who won’t play fair, you are a fool to play fair yourself. This is a classical case of “Extreme situations call for extreme measures.”

Thanks

Creating drama is not the same as libel or slander. Also, is creating a hostile environment against any law (or contract you have with said person)? I’ve only heard of this related to work environments involving protected classes (e.g. sexual harassment, harassment based on religion).

Also – your lawyer won’t draft the letter, just sign something you wrote? Why?

This sounds like a bad idea.

You are unlikely to get any useful response from the legal professionals on the board. The internet is a terrible place to seek free legal advice.

I’d imagine that you would at least need some specific incidents that you can point to for this kind of thing, at the bare minimum.

It’s a little unclear what you are intending to do with regard to the letter. It sounds worryingly like you are intending to misrepresent a letter drafted by yourself as originating from your own lawyer. This is a really bad idea and pretty likely to backfire as it is quite possible that the individual you give the letter to will contact your layer to query it.

Apologies if this is not your intention, but if this is not what you intend why not just get your lawyer to draft the letter for you? I wouldn’t expect he would be willing to sign a letter that he had not drafted.

You will put it on your lawyer’s letterhead?! :confused:

no lawyer worth his salt will “lend” you his or her credibility by allowing you to paste your cease-and-desist letter on his letterhead and signing it.

if your claim is meritorious, a proper lawyer will draft you a proper c-and-d letter.

The claim is meritorious on the defamation aspect for sure and can be backed up. What I meant by putting in on my lawyer’s letterhead is that he wants me to send him some kind of draft that he then words properly with any specific laws in question, etc. In other words, it would be the same as talking to your lawyer and having him draft into legal for what you told him. Same basic thing.

:dubious: so then what do you need help with? he already told you to write a draft for him detailing the facts of your issue. he’ll do the rest…

Yeah, in that case don’t sweat the proper legal structure.

Just write down in as much detail as possible what has happened, and what you want to happen as a result of the letter.

A cease and desist letter is just a letter. Anybody can write one. Cease and desist letters from attorneys really aren’t any different from cease and desist letters written by other people. They certainly aren’t magical amulets that will get you what you want.

You need to talk with the administrators or caseworkers at your group home about your issues with your fellow resident.

No, but I’ve got a great magical amulet form letter that I’ll sell you for some magic beans. :wink:

well they’re different in one very important way: it’s from an attorney. which tends to enhance the credibility of the contents of the letter.

but yeah i agree, form wise, not too much different.

That’s what I’m talking about. A word document from me doesn’t have the same gravity or appearance of seriousness.

My friend is doing this for free, so he doesn’t want to do a lot of work other than tweaking it with legalese and including whatever civil laws I feel have been violated. He didn’t tell me much over the phone.

What I need to know is:

  1. Do I list every incident I can remember clearly and attatch minutes of the weekly biz meeting?
  2. Do I include all of the people involved or affected or witnessed?
  3. Do I go back through records and get every person that has lived in the house since the time he came?
  4. Do I say something to the effect of, "The following people will be subpoened (sp)?

These are the things I’m trying to find out so I can put them in the proper order, include/exclude any of the above, etc.