How Much Does A Lawyer Charge To Write A Cease And Desist Letter?

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One of the most frequent questions we get is, “how much does a lawyer charge to write a Cease and Desist letter?” Unfortunately, there’s no single correct answer.

In this article, we’ll help you understand how much a lawyer will charge to write your letter, when you should consider using an attorney, and why the lowest price isn’t always your best option.

Let’s get started. 

What is a Cease and Desist Letter?

A Cease and Desist letter is a document sent to an individual or business to stop them from engaging in a specific activity. This type of letter is used for intellectual property disputes, harassment, and many other situations.

A Cease and Desist letter will almost always include a threat of future legal action or potential legal ramifications if the recipient doesn’t comply with the demand.

Are Cease and Desist Letters Legally Binding?

It’s important to remember that a Cease and Desist letter that you send is not a Cease and Desist order, which is a binding, legal document. It’s simply a warning letter to change behavior.

If you need to take things to the next level, you can start legal action and request a permanent or temporary injunction.

Why Would I Need A Cease And Desist Letter?

There are many reasons why you might need to send a Cease and Desist letter. Here are some of the most common scenarios:

Defamation

If someone has made false and damaging statements about you, your business, or your product, you can send a Defamation Cease and Desist letter demanding they stop. Your letter should include evidence of the defamation along with the negative impact it’s having on you.

Harassment

If someone is harassing you, you can send a Harassment Cease and Desist letter asking them to stop. Your letter should include examples of the harassment and the detrimental impact that it’s having on your life.

Debt Collector Issues

If a debt collector is harassing you, you can send a Debt Collector Cease and Desist letter under the FDCPA (Fair Debt Collection Practices Act). Your letter should include examples of the harassment and references to the portions of the FDCPA that the debt collectors are violating.

Property Disputes

If you have a property dispute with a neighbor, you can send them a Property Cease and Desist letter asking them to stop whatever they’re doing that’s causing the issue. This can include trespassing, encroachment, or HOA disputes.

Intellectual Property Infringement

If someone is using your copyrighted material without permission, you can send them an Infringement Cease and Desist letter asking them to stop. Common types of infringement are copyright infringement, trademark infringement, and patent infringement.

Your letter should include evidence of the infringement and proof that you own the material in question (ex., trademark registration number, etc.).

Breach of Contract

If someone has breached a contract with you, you can send them a Breach of Contract Cease and Desist letter asking them to stop. Your letter should include evidence of the breach and the specific contractual language they are violating.

Commons examples include employment contracts (i.e., non-competes, divulging trade secrets) and tortious interference (interfering in someone else’s contract).

How Much Does a Lawyer Charge to Write a Cease and Desist Letter?

Unfortunately, there’s no single answer to the question of how much your cease and desist letter will cost. The average price for this service will depend on the complexity of your case, the amount of work that needs to be done, and the attorney’s experience.

That said, here’s a rough idea of the prices you might expect to pay to have your letter written:

Lawyers on Freelance Sites

You can find some lawyers on freelancer sites such as Upwork or Fiverr. As with any freelancer site, you must be very cautious about the work’s quality and the attorney’s track record. If you go this route, you can expect to pay less than $500.

Pro Tip: Ensure the attorney you choose is licensed to work in the jurisdiction you are working in.

Estimated Cost: $50 – $500

Independent Law Offices

Many independent local law offices have one or more lawyers and will offer Cease and Desist letters as one of their service offerings. These lawyers are typically independent of any named law firm. You can easily find these offices online or in your local yellow pages.

Estimated Cost: $200 – $1,000

Midsized Law Firms

A midsized law firm is one that has several lawyers on staff and will typically serve multiple cities or a state/province. You can expect to find attorneys with specific, specialized experience in particular areas of the law. However, you will also have to pay for this expertise.

Estimated Cost: $1,000 – $5,000

Large Law Firms

Large law firms are typically reserved for prestigious high net worth individuals or large companies. It’s unlikely that they will be the right fit for your letter. However, if you want to pay for the best, you can expect it to dent your wallet.

Estimated Cost: $5,000+

When You Should Have a Lawyer Draft Your Letter

There are three primary situations where you should have a lawyer draft your Cease and Desist letter instead of writing it yourself:

You Have a Complex Dispute

If your case involves multiple states/countries, multiple parties, or unique challenges, you should strongly consider having an attorney help you. They will be able to guide you through the legal aspects of your letter and achieve the best result.

You Need Extra Weight Behind Your Letter

A Cease and Desist letter can be intimidating. But receiving one from a lawyer or law firm adds extra power to your demand. Lawyers generally get attention when they send a letter. If your prior demands have been ignored, it may be time to bring legal support.

You’re Dealing With a Large Company

If you’re trying to stop a large corporation from infringing on your intellectual property rights or breaching their contract, it’s worth paying for some legal firepower.

Hiring an attorney to write your letter will cost more money upfront. But if the issue is important enough to warrant a Cease and Desist, it’s worth the investment to have a lawyer help you.

Will I Need to Pay a Retainer?

That depends entirely on the lawyer. For a Cease and Desist letter, you are likely to pay a flat rate based on the complexity of your dispute.

In many cases, you can get a free consultation before engaging with them to see if you have a realistic legal claim. If you go through this process and they agree that your case has merit,

However, if you need to engage them for additional legal services, you can expect to have a conversation about hourly rate fee structures, payment terms, and potentially a retainer. This gives you all the more reason to resolve your dispute at the Cease and Desist letter phase instead of legal action.

Will I Have to Pay if I Don’t Get Results?

In most situations, yes, you will almost certainly need to pay. Few (if any) lawyers will agree to work for free pending the outcome of a Cease and Desist letter because you are paying for a specific service (i.e., writing a demand letter).

That said, if your case evolves into a civil claim, you may be able to find an attorney to take on your case and take a portion of the proceeds. However, this will only happen when they feel your case is a slam dunk, and there will be a high likelihood of a monetary reward. This happens more frequently for contract or intellectual property disputes than for less intensive cases like defamation or harassment.

Beware The Lowest Priced Option

One final point. You should always be mindful that the lowest-priced option is not always the best. This is particularly true when it comes to legal services. An experienced lawyer will likely resolve your issue more quickly and with less back-and-forth than a less experienced one.

Additionally, an attorney who frequently writes Cease and Desist letters will better understand how to craft a compelling letter that achieves the desired results.

Ultimately, the cost of a Cease and Desist letter will vary depending on the lawyer you choose to write it. If possible, get a free consultation from a few lawyers to determine the best fit for your case. You should also ensure they are licensed to practice law in your jurisdiction.

A Better Alternative

If you need a Cease and Desist letter but don’t want to pay expensive lawyer’s fees, consider using a template from a company like Law Depot. Their online tool makes it easy to get the letter you need at a fraction of the cost.

Conclusion

If you need a Cease and Desist letter, it is essential to research the best combination of price and experience. Depending on your unique situation, hiring a lawyer to draft your letter will cost anywhere from $50 to $5,000 (or more).

Are you looking for a more reasonable option? Comfortable sending your own Cease and Desist letter? Start your letter today with Law Depot!