Before Making an Offer the Other Side “Can’t Refuse”
Prior to initiating civil litigation, lawyers often attempt to resolve matters by sending a prelitigation demand—often through a demand letter—instead of immediately filing a lawsuit. Prelawsuit demands can be a cost-efficient way to avoid litigation by demanding relief or putting the opposing side on notice of potential litigation. However, what happens when a client has a civil claim and a potential criminal claim or professional discipline complaint that can be brought against an opposing party or their counsel?