received LEGAL NOTICE .....Don't panic .......Tips to REPLY
The first and foremost action is to accept the notice whatever it may be as no-acceptance of the notice means Considered to be good service and therefore it is better to know the contents of the notice and then make the strategy to reply to the notice or not, and if so, how. Here comes the importance of assisting an experienced business lawyer. Legal notice has a very important role to play in legal matters, and therefore this can never be easily accepted or avoided as no purpose is served to deny acceptance and infact non-acceptance only gives the point to another party stating the bad intention about you. Below are some tips that may help you to proceed with the legal notice reply or infect any notice:
-Do not forget to Write the date and time on the notice received acknowledgement - Under your recieved signature write today's date and time.
-- Do not panic or do not take any steps without giving any thoughts and please note that the notice may contain the "time limit" of your reply and that even in matters relating to the infringement of the IPR normally 48 hours are given and therefore do not take any panic steps as if taken, if any, this may defeat your defense and you may put it in writing as a reply to the notice which is not actually f
All legal notices issued are issued pursuant to certain legal provisions and hence the next step to find out under which provision of law the notice was issued and this will give information about its legal provisions and also the way to proceed further and how to proceed further.
Get all the facts written in synopsis event-wise as this will help you to know the connection. I always believe in having a FLOW CHART of your matter in case of wise and opposite matter in case of wise, and that's where the missing or gap comes in pictures. Please note that if the facts are correctly informed and used in notice as a defence, then most of the time the matter will never proceed to the courts as they are aware of your defence, and anyone going to the court will surely analyze their case of how strong it is to go to court for litigation and also costs play a huge factor.
Before replying to any notice, as stated above, go through all the documents, agreements, correspondence and cross-check with all the facts and cross-check with the allegations made in the notice as most of the time and infact most of the time after the event synopsis is made and documents are viewed and read in order, the flaws in the allegation as made in the notice will emerge and this will occur.
Please note that any legal dispute arises from a commercial, technical, financial and legal transaction that makes it even more important to understand its impact on you and your business and your commercials.
One will always find a number of allegations and the reply notice must also be the same, which means replying specifically, but this depends on the purpose and nature of the notice and also does not mean opening up your defense in all respects, but if you feel that you have a case that is directly linked to their allegations and that there is strong evidence, please mention it as your defence. As a lawyer, responding to Section 138 is normally avoided by not opening up the defense which is a good strategy, but if the facts are really strong in your favour, then you'll have to face the litigation through regular appearance which is more expensive than you think.
Furthermore, don't ever agree to any allegations, and what to admit or not is where the skilled lawyer's experience comes into view, and this is where the case is either made or closed. I have seen many cases in which clients avoid legal costs or with a good intention to close the matter, reply to allegations that are nothing but an admission of facts, and then when what they think is not true, it becomes evidence.
Please note that there is no mandate to reply in the same language as sent, and it's better to reply in the language you can understand or your lawyer as you'll confirm the facts of the notice. Nowadays, English is the preferred language used in commercial market responses.
Avoid using fanciful or high funda words and/or bad language, as no purpose is achieved. There is a basic logic why one should use simple words and language as this makes things and intention very clear as even a small error can change the entire story. Take precaution and use words simply. If you respond to the Notice in a factual and careful manner, the lawyer of another party may be able to persuade their client to take a more conciliatory approach.
Please note that notice will be sent via Registered Post and you will retain one original copy and send it via email once they receive the notice copy and then Whatsapp, as this will only ensure your delivery in all aspects. Keep all the AD Card, email prints, and all very secure as it will act as evidence in all matters.
-- Note that you always believe that 'Litigate rarely, negotiate mostly, but always settle.' The term 'Litigate rarely,' means that this is your last resort and not that you totally ignore the litigation; the term 'negotiate mostly' means that if your pre-litigation measures are strong and compliance and errors are avoided, then this will only force the other party to negotiate and settle, and that is where you will be agile to negotiate and the term 'but always settle mea.'
The above points are a major part of how to reply to the notice, but it is better to use Lawyer's services rather than online legal services as even a small word will either make your case strong or weaken your case.
-Do not forget to Write the date and time on the notice received acknowledgement - Under your recieved signature write today's date and time.
-- Do not panic or do not take any steps without giving any thoughts and please note that the notice may contain the "time limit" of your reply and that even in matters relating to the infringement of the IPR normally 48 hours are given and therefore do not take any panic steps as if taken, if any, this may defeat your defense and you may put it in writing as a reply to the notice which is not actually f
All legal notices issued are issued pursuant to certain legal provisions and hence the next step to find out under which provision of law the notice was issued and this will give information about its legal provisions and also the way to proceed further and how to proceed further.
Get all the facts written in synopsis event-wise as this will help you to know the connection. I always believe in having a FLOW CHART of your matter in case of wise and opposite matter in case of wise, and that's where the missing or gap comes in pictures. Please note that if the facts are correctly informed and used in notice as a defence, then most of the time the matter will never proceed to the courts as they are aware of your defence, and anyone going to the court will surely analyze their case of how strong it is to go to court for litigation and also costs play a huge factor.
Before replying to any notice, as stated above, go through all the documents, agreements, correspondence and cross-check with all the facts and cross-check with the allegations made in the notice as most of the time and infact most of the time after the event synopsis is made and documents are viewed and read in order, the flaws in the allegation as made in the notice will emerge and this will occur.
Please note that any legal dispute arises from a commercial, technical, financial and legal transaction that makes it even more important to understand its impact on you and your business and your commercials.
One will always find a number of allegations and the reply notice must also be the same, which means replying specifically, but this depends on the purpose and nature of the notice and also does not mean opening up your defense in all respects, but if you feel that you have a case that is directly linked to their allegations and that there is strong evidence, please mention it as your defence. As a lawyer, responding to Section 138 is normally avoided by not opening up the defense which is a good strategy, but if the facts are really strong in your favour, then you'll have to face the litigation through regular appearance which is more expensive than you think.
Furthermore, don't ever agree to any allegations, and what to admit or not is where the skilled lawyer's experience comes into view, and this is where the case is either made or closed. I have seen many cases in which clients avoid legal costs or with a good intention to close the matter, reply to allegations that are nothing but an admission of facts, and then when what they think is not true, it becomes evidence.
Please note that there is no mandate to reply in the same language as sent, and it's better to reply in the language you can understand or your lawyer as you'll confirm the facts of the notice. Nowadays, English is the preferred language used in commercial market responses.
Avoid using fanciful or high funda words and/or bad language, as no purpose is achieved. There is a basic logic why one should use simple words and language as this makes things and intention very clear as even a small error can change the entire story. Take precaution and use words simply. If you respond to the Notice in a factual and careful manner, the lawyer of another party may be able to persuade their client to take a more conciliatory approach.
Please note that notice will be sent via Registered Post and you will retain one original copy and send it via email once they receive the notice copy and then Whatsapp, as this will only ensure your delivery in all aspects. Keep all the AD Card, email prints, and all very secure as it will act as evidence in all matters.
-- Note that you always believe that 'Litigate rarely, negotiate mostly, but always settle.' The term 'Litigate rarely,' means that this is your last resort and not that you totally ignore the litigation; the term 'negotiate mostly' means that if your pre-litigation measures are strong and compliance and errors are avoided, then this will only force the other party to negotiate and settle, and that is where you will be agile to negotiate and the term 'but always settle mea.'
The above points are a major part of how to reply to the notice, but it is better to use Lawyer's services rather than online legal services as even a small word will either make your case strong or weaken your case.
