The Ethics and Legal Implications of Sending a Demand Letter in Legal Practice

Jimmy Sikes, a character from the TV show Better Call Saul, may seem to cross ethical lines when he sends a demand letter without client approval. However, under certain circumstances, a lawyer can rightfully choose to act without explicit client consent, provided the letter is on behalf of an established client. This article explores the ethical and legal implications of such actions in the context of legal practice, specifically focusing on the role of demand letters in evidence preservation.

Understanding the Demand Letter

A demand letter is a critical tool used in the early stages of legal proceedings. It serves multiple purposes:

To formally notify a party of a legal claim or demand action To remind the recipient to preserve evidence that may be relevant to the case To act as a legal strategy to establish bad faith or conscious disregard of the obligation to preserve evidence

The effectiveness of a demand letter lies not only in its content but also in how it is delivered and documented. As evidenced by Jimmy's experience in Better Call Saul, the physical condition and availability of such letters can significantly impact their legal value.

Legal Ethics and Client Approval

While lawyers are generally required to obtain client consent before taking significant actions, there are certain emergency situations where action may be necessary without explicit client consent. These scenarios include:

Client incapacitation: If a client is unable to communicate or make decisions due to illness, injury, or other circumstances. Client failure to act: When a client is unresponsive or fails to take necessary legal actions, as in Jimmy's case. Client abuse: If the client is leading or allowing the case to proceed in a manner that is clearly detrimental to the client's interests.

In such cases, a lawyer must document their actions and maintain a note in the client file to justify the lack of client approval.

Preservation of Evidence and Demand Letters

The primary purpose of a demand letter is to remind parties to preserve evidence that may be relevant to the case. This is crucial in establishing the integrity and admissibility of evidence in legal proceedings. As discussed, a demand letter like the one Jimmy created plays a vital role in the following:

Preventing the destruction of evidence: A well-documented demand for evidence preservation can help prevent the disappears or alteration of key pieces of evidence. Establishing bad faith: If evidence is intentionally destroyed, the demand letter can be used to demonstrate the defendant's conscious disregard for their duty to preserve evidence, potentially leading to penalties or sanctions.

The article mentions that Jimmy handed off the letter to a receptionist, and its condition significantly impacted its value. A poorly preserved demand letter can be difficult to prove as it exists, let alone its content. Therefore, it is crucial that lawyers take steps to ensure the physical condition and accessibility of these documents.

Conclusion

In the complex world of legal practice, lawyers must balance the need for client approval with the urgent need to act in the best interest of their clients when necessary. Demand letters play a significant role in the preservation of evidence and establishing legal strategies to address potential misconduct. Understanding the nuances of these actions is critical for both legal professionals and their clients.

By following ethical guidelines and documenting their actions, lawyers can ensure that their demand letters not only serve their intended purpose but also hold up in the legal arena.

References

[1] Better Call Saul, Season 1, Episode 8.