Ensuring Electronic Signature Lawfulness for Cease and Desist Letter in United Kingdom

How to eSign a document: electronic signature lawfulness for Cease and Desist Letter in United Kingdom

help their legal Warriors have you ever heard of a cease and desist letter how can a cease and assist letter help you stay out of court or how can it help you improve your chances in court if you're interested in this area stay tuned this is the video for you my name is attorney Lantern for I'll charge subscribes all throughout Washington state for more than 20 years and I'm putting out these videos to help educate the public so if you find this useful please like and please subscribe more people will get the help they need I'm just going to jump right into it what is a cease and desist letter well that can mean a lot of different things but for the context of this video Let's imagine that someone is causing you some problems someone's harassing you someone's following you someone's contacting you you don't want them to contact you someone is basically being a real nuisance to you and so you have a couple options at that point you could seek a restraining order probably for anti-harassment or stalking something like that and that's going to be an evolved process and it might even increase the tensions and and focus of the other party or maybe you can take another step before that and that step would be called a cease and desist letter and so why would we want to use a c synthesis letter we'd want to use a cease and desist letter to put the bad actor on notice that we wish them to stop the bad acts stop posting stuff about us online stop reporting things to our employer stop trying to contact us stop trying to bother our friends and relatives whatever they're doing and the reason why we might want to start with that first step of telling them and asking them to stop or else is because number one it might actually get them to stop and that would be a lot less a Troublesome a lot less lengthy a lot less expensive for you as the person trying to solve this problem and also it can also provide evidence for a later request for some type of action against the bad actor so what is in a cease and desist letter well typically go to an attorney the attorney listens to what happened and then they write out a letter asking this person to stop and telling them to stop doing whatever it is they're doing wrong and what might happen if they don't and a typical letter might say please stop contacting my client on this day this day and this day you did this this and this and if any of this continues we're going to do this right which filed for an order see you in court who knows what but think about what that does if we need to use that c synthesis letter in court uh later we can file that in the reader the judge will sort of assume what you put in that letter actually happen right because we're telling them quit doing these things now it's not proof that it happened this you know this this and this the three things contacting me going on my property whatever um but it's not actual proof but the decider the judge it sort of seems like proof because why would they send the letter if that stuff wasn't happening right in another reason why that can be used in court later is because for some type of restraining orders notice to the bad actor is one of the requirements for the judge to find what is necessary to issue a restring in order the most common one is called unlawful harassment so unlawful harassment or harassment restraining or anti-harassment restraining order um one of the things the judge has to look at and that the person asking for the relief the petitioner the one who wants the bad actor to stop what they have to show by a preponderance of the evidence is that there has been unlawful harassment and part of that is is there a course of conduct by the bad actor that respondent towards the petitioner that caused severe emotional distress and then it was reasonable to cause that distress that there's no legitimate reason for the action or the contact and part of what the judge looks at is was the bad actor unnoticed that no contact was wanted or that behavior wasn't wanted so bingo the cease and desist letter becomes a key piece of evidence Beyond refute that that bad actor was on notice right and a lawyer can write it in a way typically that's really going to be severely damaging to the respondent and helpful to the petitioner should the actions continue if the petitioner chooses to seek that order in court to hopefully once and for all stop the actions okay so that is one really important uh way a cease and desist letter can help you in court so the first way it sort of makes the claims seem true when you claim them later and two IT supplies that notice requirement so when might you not want to do a cease and desist letter well here's one of the dirty secrets of restraining orders there's such a huge advantage to the petitioner in the system it is to me it's it's disgusting um personally because I don't think it's fair and I care about fairness but there's such a huge advantage to the petitioner whoever files first has a big advantage in getting their claims believed because the legislature really screwed up in my opinion and the way they rewrote the statute for July of uh 2022 when RCW 7.105 went into effect so why is that matter Lance well let's say you've got duly neighbor dispute and you send a cease and desist letter says stop doing this or I'm going to file an order against you well guess what the other side might do they might just file an order immediately against you with their claims and now while you were trying to limit the conflict right now all of a sudden you've made yourself the respondents because that letter triggered them to protect themselves by going after you with uh both Barrels in court so that's something to think about another something to think about is will it just go away right you're going to want to talk to your attorney your your trusted legal advisor um to say hey will it just go away if I stop or will the cease and desist letter make it worse how crazy are they how much do they not care about consequences because it sounds nice because we're doing something but real world human behavior is complicated and so we go through a pretty deep analysis about what we think is likely to happen before we decide a do nothing B do a cease and desist or three go ahead and file an order or do something else report to police if it's illegal those type of things so I wanted to cover in this video and hopefully I have what a season does this letter is uh how it can be useful and finally um we've covered uh how to decide you know what to do and should we use it so if if when you're trying to decide what to do think about what you're actually trying to accomplish do you just want to feel better uh you know and like you've done something you've stood up for yourself or is it necessary to go ahead and escalate this to a to a position where you're getting ready for court that type of thing because they're totally different and it's very personal and emotional and there can be unintended consequences of that type of letter so if you found this useful please like and please subscribe more people get the help they need but more importantly if you've got a legal problem if you think a cease and desist letter might be necessary it's not the main type of work that we do but uh capacity allowing we could take a look at your situation we can listen to what happened identify a way forward and we as always will be there for you thank you [Music]