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A. INTRODUCTION
1. Part of legal practice as well as non-legal professional work involves the receiving, replying and issuing of letters. These letters have to be in a formal format and with legal letters, there is a certain format and use of language which has to be used in the drafting of such letters. There are various types of letters, some of which are as follows: a) letter of demand which are letters issued on behalf a client, usually in relation to a debt which is owed; b) letter in reply which is a letter in reply to a letter of demand or a letter in reply to a general letter from ones opponent; c) without prejudice letters; and d) general letters. Here one will be introduced to letters of demand and letters in reply.
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B.
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Firms letterhead (1) This is usually printed on correspondence which a firm uses in its formal correspondence. It may be in the center, or left or right side of the top of the paper and would contain the following details: a) the name of the firm. This is usually preceded by the words Messrs.; b) the description of the firm. This would include the words Advocates & Solicitors; c) the business address of the firm; d) the telephone and facsimile numbers and e-mail address (if applicable) of the firm.
3.
Name(s) of partner(s) (2) This would contain the name(s) and qualifications of the partner(s) of the firm. Your ref: (3) and Our ref: (4) When dealing with correspondence from a legal firm or from a large organization, it is usual that each case or matter or issue will be identified by a reference number in order to ensure that correspondence is not misplaced or mis-filed and comes to the attention of the person who is responsible. As such, each piece of correspondence must contain the correct references. a) Your ref: (3) This would give details of the reference used by the recipients organization. Note that one would not have the recipients reference in the first letter which is issued to the recipient. As such, this would be left blank or with the words Kindly inform in the initial letter. Our ref: (4) This would give information about ones own firms internal reference and would usually give the following information: (i) (ii) (iii) the initials of the partner or lawyer in charge; the code for ones own client; the year the file was opened.
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b)
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Date (5) The date of the letter is important and is usually the date the letter is issued and not when the letter is first drafted as a letter may have to be amended before it will be issued. Recipients name (6) and Recipients address (7) This would give details of the recipients name and address and would be set out in the same manner as would be set out on the envelope for the letter. Note that it is usually best to issue the letter to all the known addresses of the recipient as one may not know at which address the recipient is.
6.
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Posting instructions (8) This would give details as to how the letter is to be issued. The usual modes would be: a) b) c) d) By Post; By Fax [fax number]; By Registered Post; By A.R. Registered Post.
8.
Salutation (9) This would be the mode of saluting the recipient of the letter. Common modes of salutation are: a) b) Dear Mr/Ms/Madam________; Dear Sirs,
9.
Heading (10) The heading of a letter is to contain sufficient information on the subject matter of the letter for the ease of identification of the same on the part of both the recipient and the issuer of the letter. Eg: Letter of Demand in relation to ___________ Introductory paragraph (11) This would usually give an introduction as to the contents of the letter as well as details of any prior correspondence or discussion between the parties. One may use the following Reference is made to the above subject matter wherein we act on behalf of or we act for (name and address of the recipient.) Body of the letter (12) The body of the letter would contain all relevant information on the subject matter in issue which would include the following: a) b) c) d) e) Details of any documents which may be relevant to the issue at hand; Details of any circumstances which may be relevant to the issue at hand; Details of any breach which is alleged; Details of any loss or injury suffered by ones client; Details of any demand which is being made of the recipient. Note that utmost care must be taken in the drafting of the body of the letter as the legal proceedings which may be initiated will be based on this.
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Complimentary close (13) It is usual to conclude a formal letter with the complimentary close of Yours faithfully.
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Signature (14) One would normally sign any legal letter in the name of ones firm. Eg: Messrs. A., B., & C. [signature]
14.
c.c. [name] (15) c.c. refers to carbon copy and is an instruction that a copy of the letter is to be issued to the person whose name is indicated. It is usually preferable to send a copy of all correspondence issued on behalf of ones client to the client themselves so that the client is aware of what one has done in furtherance of their case.
C. 1.
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1.4
2.
2.1
2.2
2.3
The draft letter: Messrs. A., B., & C Advocates & Solicitors [Address, telephone number and e-mail address] or Address placed here Telephone Number [Name of partner(s)] Fax Number,email ( option on the placing of the address)
Your ref: Kindly inform Our ref: ABC/123 [Date] either / or Date placed here ( option on the placing of the date)
Dear Sir, Re: Housing Loan Facility of RM185,000.00 Reference is made to the above subject matter wherein we act for or( on behalf of) Amistead Banking Corporation of (address of the recipient). Our clients have informed us that by a housing loan agreement dated 2.5.2006 (hereinafter referred to as the said Loan Agreement) entered into between our clients and yourself our clients had granted to you a housing loan facility of RM185,000.00 (hereinafter referred to as the said Housing Loan Facility) which is to be repaid to our clients by way of 360 equal monthly instalments of RM1,111.50 each together with interest thereon at the rate of 5% per annum calculated on a daily basis with monthly rests. (1) Our clients have further informed us that you have defaulted in 3 monthly repayments amounting to the sum of RM3,334.50 together with interest thereon at the rate of 5% per annum calculated on a daily basis with monthly rests. (2) TAKE NOTICE that we are instructed by our clients to DEMAND of you which we hereby do that you do make the payment of the sum of Ringgit Malaysia Three Thousand Three Hundred and Thirty Four and sen fifty (RM3,334.50) together with interest thereon at the rate of 5% per annum calculated on a daily basis with monthly rests)to our clients or to us as their solicitors within FOURTEEN (14) DAYS from the date of this letter, failing which we have our clients strict instructions to commence legal proceedings against you for the recovery of the same without any reference to you thereto and you shall be liable for all interests and costs incurred by our client. (3) Yours faithfully, Signature Messrs. A., B., & C
c.c. client
a)
bracket (1) This is the paragraph wherein one is to give details of ones clients contract with the recipient of the letter. The following information must be stated: (i) details of the contract i.e. the date and type of contract; (ii) the parties to the contract; (iii) the salient terms of the contract i.e. what the contract is for, the terms of payment under the contract, what the parties are required to fulfill under the contract.
b)
bracket (2) This is the paragraph whereby any further information pertaining to the contract or to the breach of the terms of the contract. bracket (3) This is known as the demand paragraph which sets out the details of what is being demanded of the recipient. The following must be stated: (i) the fact that the demand is being made on behalf of ones clients; (ii) the fact that it is payment that is being demanded; (iii) the time period within which payment is to be made to one or ones clients; (iv) the result of non-payment by the recipient.
c)
2.4
Things to note: a) When writing a formal letter one should always refer to oneself in the plural i.e. we, our as one is writing on behalf of ones firm. b) Apart from the introductory paragraph, one should refer to the client as our client and NOT as my client because the client is of ones firms. c) One should refer to ones client as having informed one of the facts of the claim and not that ones client had told one of the facts of the claim. d) In the demand paragraph, one can also state that our clients have instructed us to demand.
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3.1
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b)
c)
3.3
Eg.:
Your client is Mr Alex Donovan who owns a house (hereinafter referred to as the said house) which he has rented out to one Miss Lisa Terrence, a student of a nearby university. Under the terms of the tenancy agreement, Miss Lisa had agreed to ensure that the said House be kept in a proper state of repair and that this was inclusive of the outside walls and garden of the said house. At the end of the tenancy period, Miss Lisa vacated the said house as agreed. Mr. Alex has recently visited the said house and found that the garden overgrown with weeds and the paint on the outside walls of the said house peeling and in need of a complete repaint job. Upon entering the said house, Mr. Alex found that the inside walls of the said house also required a complete repainting as there were stains on the same which could not be removed. Further the kitchen faucet and the bathrooms could not be used and as such Mr. Alex would have to carry out extensive replumbing work. The total costs of the repainting, repair and plumbing of the house would come up to RM20,000.00. Prepare a letter of demand on behalf to Miss Lisa requiring her to make payment of the above amount within 14 days of your letter of demand
Messrs. A., B., & C Advocates & Solicitors [Address, telephone number and e-mail address] or Address paced here Telephone Number Fax Number,email ( option on the placing of the address) [Name of partner(s)] Your ref: Kindly inform Our ref: ABC/123 [Date] either / or Date placed here ( option on the placing of the date)
Re: Damage to Property amounting to RM20,000.00 Reference is made to the above subject matter wherein we act for( or on behalf of) Mr. Alex Donovan of (address of the recipient). Our client has informed us that pursuant to a Tenancy Agreement dated 24th June 2001 entered into by our client and yourself (hereinafter referred to as the said Agreement) our client had agreed to rent the property to you upon the terms contained therein. (hereinafter referred to as the said house). Pursuant to the terms of the said Agreement you have agreed that the house shall be kept in a proper state of repair, inclusive of the outside walls and garden of the said house. Our client has further informed us that at the end of the tenancy period, you had vacated the said house as agreed. Our client than visited the said house and found that the garden had been overgrown with weeds, the paint on the outside walls of the said house were peeling and in need of a complete repaint job. Further, the inside walls of the said house required a complete repainting as there were stains on the walls which could not be removed and further the kitchen faucet and the bathrooms could not be used. We have been informed by our client that the total cost of the repainting, repair and plumbing of the said house would be in the sum of RM20,000.00 and our client requires you to make payment of the same as you have failed to comply with the terms of the said Agreement during your tenancy period. A copy of the
TAKE NOTICE that we are instructed by our client to DEMAND of you which we hereby do that you do make the payment of the sum of Ringgit Malaysia Twenty Thousand (RM20,000) to our client or to us as our clients solicitors within FOURTEEN (14) DAYS from the date of this letter, failing which we have our clients strict instructions to commence legal proceedings against you for the recovery of the same without any reference to you thereto and you shall be liable for all interests and costs incurred by our client. (3) Yours faithfully, Signature Messrs. A., B., & C c.c client
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b)
c)
4.3
Eg:
Ms. Joan Chen, your client owns a Proton Wira with the car registration no WET 6491 (hereinafter referred to as the said Wira). The said Wira was damaged as a result of being hit into by a Volvo car registration no WJX 7349 (hereinafter referred to as the said Volvo) which is owned one Mr. Ted Lim on 7.7.2007. At the material time, the said Wira had been parked in a parking lot of the shopping mall, the Curve. The costs of the repairs to the Wira is RM4,950.00 which Ms Chen instructs is to be paid to her by 3.10.2007 ie within 14 days of the date of your letter of demand. Prepare a letter of demand on behalf of Ms. Chen.
Messrs. A., B., & C Advocates & Solicitors [Address, telephone number and e-mail address] or Address paced here Telephone Number Fax, Number, email ( option on the placing of the address) [Name of partner(s)] Your ref: Kindly inform Our ref: ABC/123 [Date] either / or Date placed here ( option on the placing of the date)
Re: Accident that occurred on 7.7.2007 Reference is made to the above subject matter wherein we act for (or on behalf of) Ms. Joan Chen of (address of the recipient). Our client, who is the owner of a Proton Wira with the car registration number WET 6491 (hereinafter referred to as the said Wira), has informed us that on 7.7.2007, the said Wira was damaged as a result of being hit into by a Volvo car registration number WJX 7349 (hereinafter referred to as the said Volvo) which is owned by yourself. At the time of the accident, the said Wira had been parked in a parking lot of the shopping mall, the Curve. Our client further informs us that as a result of the impact of the hit by the said Volve that said Wira was badly damaged. The cost of the repairs to the said Wira is in the sum of RM4, 950.00. A copy of the quotation is enclosed herewith for your perusal. Our client holds you responsible for the damage to the said Wira.
TAKE NOTICE that we are instructed by our client to DEMAND of you which we hereby do that you do make the payment of the sum of Ringgit Malaysia Four Thousand Nine Hundred and Fifty(RM4,950.00) to our client or to us as our clients solicitors within FOURTEEN (14) DAYS from the date of this letter, failing which we have our clients strict instructions to commence legal proceedings against you for the recovery of the same without any reference to you thereto and you shall be liable for all interests and costs incurred by our client. (3) Yours faithfully, Signature Messrs. A., B., & C
c.c. client
D. 1.
1.1
1.2
1.3
1.4
One would need to note the following when drafting a letter in reply: a) one would have the reference number of the issuer of the letter to which one is replying and should use this reference number under Your ref.; b) the letter is reply should be directed to the issuer of the letter and would usually be a law firm.
2.
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2.2
2.2
Messrs. E., F, & G Advocates & Solicitors [Address, telephone number and e-mail address]
either / or Date placed here ( option on the placing of the date) By A.R. Registered Post
Messrs. A., B., & C Advocates & Solicitors [Address of Messrs. A., B., & C] Dear Sirs, Re: Housing Loan Facility of RM185,000.00
Reference is made to the above subject matter wherein we act for (or on behalf of) Mr. Tan of (address of the recipient)who has instructed us to reply to your letter dated ________.
Our client has informed us that our client had entered into a housing loan agreement dated 2.5.2006 (hereinafter referred to as the said Loan Agreement) with your clients for the sum of RM185,000.00 and that your clients have now demanded of our client payment of 3 months instalments.
Our client has further informed us that our client was experiencing some financial difficulties at that material time and was therefore unable to make the 3 months installments payment to your clients. Our clients financial situation however, has since improved and our client is willing to make the repayments to your clients.
In this regard, our client has instructed us to request from your clients for an extension of time of [state the period] from ________ to enable our client to settle the outstanding instalments.
We look forward to receiving favourable reply to our clients request. [this paragraph is used when one is seeking something from ones opponent] Thank You.
c.c. client
3.
3.1
Messrs. F., G., & H Advocates & Solicitors Address, telephone number and e-mail address] or Address placed here Telephone Number Fax Number,email ( option on the placing of the address)
[Name of partner(s)]
Your ref: ABC/123 Our ref: CDM/76 [Date] Messrs. A., B., & C Advocates & Solicitors [Address of Messrs. A., B., & C] Dear Sirs, Re: Damage to Property amounting to RM20,000.00 Reference is made to the above subject matter wherein we act for (or on behalf of )Ms Lisa Terrence of (address of the recipient)who has instructed us to reply to your letter dated ________. either/or Date placed here ( option on the placing of the date) By A.R. Registered Post
Our client has informed us that while it was a term of the tenancy agreement between our client and your client that our client was required to keep the said house in a state of good repair, it was also a covenant of your client to repaint the said house once a year which he had failed to do.
Our client also informs us that when our client had taken on the tenancy of the said house, there had been problems with the kitchen faucet and with one of the bathrooms and that our client had informed your client of this problem but your client had not taken any steps to rectify the problems.
This necessitated our client to attend to such repairs as is necessary and the cost of the repairs incurred by our client is in the sum of RM3, 000.00.
Our client has instructed us to inform your client that our client is unwilling to make any payment howsoever to your client.
Our client instruct us to DEMAND of your client which we hereby do that your client do make the payment of the sum of Ringgit Malaysia Three Thousand (RM3,000.00) (being repair cost) to our client or to us as our clients solicitors within FOURTEEN (14) DAYS from the date of this letter, failing which we have our clients strict instructions to commence
legal proceedings against you for the recovery of the same without any reference to you thereto and you shall be liable for all interests and costs incurred by our client. Yours faithfully, Signature Messrs. F., G., & H
c.c. client
The above reply involves a counter claim by the recipient. The sample reply given below involves the refusal by the recipient to pay any sum thereof and the recipient is willing to defend the suit. NOTE. The sample below is not provided in the existing manual. Messrs. F., G., & H Advocates & Solicitors Address, telephone number and e-mail address] or Address placed here Telephone Number Fax Number,email ( option on the placing of the address)
[Name of partner(s)]
Your ref: ABC/123 Our ref: CDM/76 [Date] Messrs. A., B., & C Advocates & Solicitors [Address of Messrs. A., B., & C] Dear Sirs, Re: Damage to Property amounting to RM20,000.00 either/or Date placed here ( option on the placing of the date) By A.R. Registered Post
Reference is made to the above subject matter wherein we act for (or on behalf of) Ms Lisa Terrence of (address of the recipient)who has instructed us to reply to your letter dated ________. Our client has informed us that while it was a term of the tenancy agreement between our client and your client that our client was required to keep the said house in a state of good repair, it was also a covenant of your client to repaint the said house once a year which he had failed to do.
Our client also informs us that when our client had taken on the tenancy of the said house, there had been problems with the kitchen faucet and with one of the bathrooms and that our client had informed your client of this problem on numerous occasions but your client had not taken any steps and or refused to rectify the problems.
In the circumstances our client has instructed us to inform your client that our client is unwilling to make any payment for the sum of RM3, 000.00 or any part thereof to your client and that our client shall defend any action that your client may institute against our client. Yours faithfully, Signature Messrs. F., G., & H c.c client
4.
4.1
Messrs. F., G., & H Advocates & Solicitors [Address, telephone number and e-mail address]
[Name of partner(s)]
Address placed here Telephone Number Fax Number,email ( option on the placing of the address)
or
Your ref: ABC/123 Our ref: BAN-964 [Date] either/or Date placed here ( option on the placing of the date)
Messrs. F., G., & H Advocates & Solicitors [Address of Messrs. F., G., & H] Dear Sir, Re: Accident that occurred on 7.7.2007
Reference is made to the above subject matter wherein we act for (or on behalf of) Mr. Ted Lim of (address of the recipient)who has instructed us to reply to your letter dated ________. Our client has informed us that at the time of the accident, your clients Wira was not parked in a parking lot at the Curve as your client should have done so but instead your client parked the Wira by the side of a column where there was clearly a visible sign stating No Parking. Due to the inconsiderate manner in which the Wira was parked, the Wira was not visible to our client and further there was no space for our client to maneuver when our client was turning the corner of the column and hence had inadvertently hit into your clients Wira. We are informed by our client that the accident has caused damage to our clients Volve and the repair cost incurred by our client is in the sum of RM.3,000.00.(A copy of the repair bill is enclosed herewith for your reference). Our client further informs us that as the accident was due solely to your clients own negligence, our client is unwilling to make any payment or any part thereof to your client. We are instructed by our client to DEMAND of your client which we hereby do that your client do make the payment of the sum of Ringgit Malaysia Three Thousand (RM3,000.00)(being repair cost) to our client or to us as our clients solicitors within FOURTEEN (14) DAYS from the date of this letter, failing which we have our clients strict instructions to commence legal proceedings against you for the recovery of the same without any reference to you thereto and you shall be liable for all interests and costs incurred by our client.
Without prejudice. NOTE. The sample below is not provided in the existing manual. Messrs. F., G., & H Advocates & Solicitors [Address, telephone number and e-mail address]
[Name of partner(s)]
Address placed here Telephone Number Fax Number,email ( option on the placing of the address)
or
Your ref: ABC/123 Our ref: BAN-964 [Date] either/or Date placed here ( option on the placing of the date)
Messrs. F., G., & H Advocates & Solicitors [Address of Messrs. F., G., & H] Dear Sir, Re: Accident that occurred on 7.7.2007
Reference is made to the above subject matter wherein we act for (or on behalf of) Mr. Ted Lim of (address of the recipient)who has instructed us to reply to your letter dated ________. Our client has informed us that at the time of the accident, your clients Wira was not parked in a parking lot at the Curve as your client should have done so but instead your client parked the Wira by the side of a column where there was clearly a visible sign stating No Parking. Due to the inconsiderate manner in which the Wira was parked, the Wira was not visible to our client and further there was no space for our client to maneuver when our client was taking the corner of the column and hence had inadvertently hit into your clients Wira. We are further informed by our client that the accident has caused damage to our clients Volve and the repair cost incurred by our client is in the sum of RM.3,000.00.(A copy of the repair bill is enclosed herewith for your reference).
Our client denies any element of negligence on our clients part, however on a strictly WITHOUT PREJUDICE basis our client is willing to offer the sum of RM500.00 only as full and final settlement. Kindly revert with your clients instructions thereto. Yours faithfully, Signature Messrs. F., G., & H c.c. client