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LEGAL WRITING

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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3.

B.

GENERAL FORM OF LEGAL LETTER


1. A legal letter would have the following general format:
Firms letter head (1) Name(s) of partner(s) (2) Your ref: (3) Our ref: (4) Date (5) Recipients name (6) Recipients address (7) Salutation (9) Heading (10) Introductory paragraph (11) Body of the letter (12) Complimentary close (13) Signature (14) c.c. [name] (15) Posting instructions (8)

2.

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)

5.

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.

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7.

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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11.

12.

Complimentary close (13) It is usual to conclude a formal letter with the complimentary close of Yours faithfully.

13.

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.
1.1

LETTER OF DEMAND General


Letters of demand are an extremely important stage of civil litigation as claims under contract and tort have a limitation period of 6 years from the date of breach of contract or breach of duty within which the injured part may bring a claim against the person who breached the contract or duty. Failure to bring a claim within this 6 year period will result in the injured party being barred from bringing any action and as such losing their right to seek remedies from court. Letters of demand usually either form: a) the beginning of a claim which ones client might have against another; or b) are an attempt to settle a matter in dispute. Letters of demand determine the date of breach of contract or specifies the date on which a breach of duty has occurred. Examples are: a) a claim for a debt due: This usually arises under a contract for the sale and purchase of goods and/or services or where a party has failed to perform as required under the terms of a contract; c) a claim for damage to property: This usually arises where there is a claim for the cost of repairing damage done to property; d) a claim for damages for personal injury: This usually arises in the case of accidents. A letter of demand would essentially set out the facts which the injured party is basing his claim on, i.e. the reasons why the recipient of the letter should make payment to the injured party, as well as the amount which is being claimed. Given that the letter of demand serves as the initiation of legal proceedings, it is of utmost importance that the facts stated therein are precise and correct.

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2.
2.1

Letters of demand for a debt due.


The contents of the body of a letter of demand is dependant on the instructions received from ones clients. There are certain phrases and form which one should use. One would usually receive instruction from ones clients which would contain details on the contract under which a debt is due as well as information on the amount which is being claimed by ones clients. One needs to read and understand this information before one commences preparation of the letter of demand. Your client is a bank, Amistead Banking Corporation (hereinafter referred to as the Bank). They have informed you that on 2.5.2006 they had entered into a housing loan agreement (hereinafter referred to as the said Loan Agreement) with one Mr. Tan for a housing loan facility of RM185,000.00 (hereinafter referred to as the said Housing Loan Facility). The said Housing Loan Facility is to be repaid to the Bank 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. The Bank has now informed you that Mr. Tan has defaulted in 3 monthly repayments amounting to RM3,334.50. Prepare a letter of demand on behalf of the Bank to Mr. Tan for the amount of RM3,334.50 together with interest thereon at the rate of 5% per annum on a daily basis with monthly rests and a further late payment interest of 1% per annum on a daily basis with monthly rests all outstanding amounts to be repaid within 14 days from the date of your letter. The information which is underlined are the salient facts which must be included in the letter of demand and the information which is in bold is ones instructions from ones clients. Eg.

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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)

Mr. Tan [Address of Mr. Tan]

By A.R. Registerd Post

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.

3.
3.1

Letter of demand for damage to property


As with a letter of demand for a debt due, the basic letter of demand in relation to damage to property remains the same. The variation would be in terms of the body of the letter. Possible variations to such a letter would be as follows: 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 property involved, i.e. whether it is landed property or not; (ii) details of the owner of the property and the reasons the recipient of the letter was on the property eg. Under the terms of a tenancy; bracket (2) This is the paragraph should state in details the damage which has been done to the property as well as details of the cost of repairing the same. Eg. Peeling paint on the wall, overgrown garden, water pipes which have burst, gas leaking, etc. 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 amount which 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.

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b)

c)

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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)

Ms. Lisa Terrence [Address of Ms. Lisa Terrence] Dear Madam,

By A.R. Registered Post

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

quotation is enclosed for your perusal.

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

4.
4.1

Letter of demand for damage for personal injury


As with a letter of demand for a debt due, the basic letter of demand in relation to damage for personal injury remains the same. The variation would be in terms of the body of the letter. Possible variations to such a letter would be as follows: a) bracket (1) This is the paragraph wherein one is to give details of the accident. The following information must be stated: (i) the date, time and place the accident allegedly happened; (ii) details of the vehicles and owners of the vehicles involved; (iii) the circumstances which led to the occurrence of the accident. bracket (2) This is the paragraph should state in details the damage incurred and any injury suffered as well as details of the cost of repairing the same. 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 amount which 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.

4.2

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)

Mr. Ted Lim [Address of Mr. Ted Lim] Dear Sir,

By A.R. Registered Post

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

LETTER IN REPLY General


A letter in reply is usually issued upon the receipt of a letter of demand or any letter which makes allegations regarding behavior by ones client which would open ones client to liability or legal proceedings. It is imperative that such a letter is issued to reply to any allegation which may be false in order to avoid any implications which may be drawn against ones client. A letter in reply would also be issued in the event that ones client wishes to negotiate a settlement or to satisfy a claim. A basic letter in reply would contain the same headings and be in the same format as a general legal letter. The main difference would be in the body of the letter. The contents of a letter in reply would depend on ones clients instructions. Such information may include the following: a) ones clients response to the statements made in the letter of demand; b) whether ones client is prepared to meet the demands and if so, whether ones client requires time to fulfill such demands; c) whether ones client wishes to negotiate the terms of the demand made; d) whether ones client had any counterclaim against the issuer of the letter of demand.

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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.
2.1

Letter in reply for a debt due.


A letter in reply in relation to a debt due would generally contain information on whether ones client wishes to make payment of the sum and whether there is a need for time to make such payment. Alternatively, it may contain a denial that such a sum is due and the reasons for such denial. Eg. You represent Mr. Tan who has just received a letter from the lawyers of Amistead Banking Corporation (hereinafter referred to as the Bank). In the letter, there was a demand that your client had entered into a housing loan agreement (hereinafter referred to as the said Loan Agreement) with the Bank for a housing loan facility of RM185,000.00 (hereinafter referred to as the said Housing Loan Facility). The said Housing Loan Facility is to be repaid to the Bank 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. The Bank has now informed your client that he has defaulted in 3 monthly repayments amounting to RM3,334.50 and demanded that your client repay the amount of RM3,334.50 together with interest thereon at the rate of 5% per annum on a daily basis with monthly rests and a further late payment interest of 1% per annum on a daily basis with monthly rests all outstanding amounts to be repaid within 14 days from the date of your letter. Your client has informed you that he was experiencing some financial difficulties which meant that he had been unable to make payment to the Bank on time in relation to the monthly instalments. However, your clients financial situation has since improved and he is willing to make repayments to the Bank but requests that the Bank give him some time make such repayments together with interests. Your client instructs you to prepare and issue a letter in reply to the Bank. The important information is underlined.

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2.2

The letter in reply based on the above information would be as follows:

Messrs. E., F, & G Advocates & Solicitors [Address, telephone number and e-mail address]

Nameofpartner(s)] Your ref: ABC/123 Our ref: JM-456 [Date]

or Address placed here Telephone Number Fax Number,email

( option on the placing of the 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.

Yours faithfully, Signature Messrs. E., F, & G

c.c. client

3.
3.1

Letter in reply for damage to property


Eg.: You represent Miss Lisa Terrence who is a university student and who rented a house (hereinafter referred to as the said house) from one, Mr Alex Donovan. At the end of the tenancy period, Miss Lisa vacated the said House as agreed. Your client has since received a letter of demand from Mr. Alexs solicitors informing her that he had recently visited the said House and found that the garden overgrown with weeds, the paint on the outside walls of the said House peeling and in need of a complete repaint job, the inside walls of the said House required a complete repainting as there were stains on the same which could not be removed and the kitchen faucet and the bathrooms could not be used and required extensive re-plumbing work. The total costs of the repainting, repair and plumbing of the house would come up to RM20,000.00 (hereinafter referred to as the said Costs) and Mr. Alex has demanded that your client make payment of the said Costs. Your client has informed you that although it was a term that as a tenant she was required to keep the said House in a state of good repair, it had been a covenant of the landlord ie Mr. Alex that he repaint the said House once a year which he had failed to do. Your client also informs you that when she had taken on the tenancy of the said House there had been a problem with the kitchen faucet and one of the bathrooms. She had informed Mr. Alex of this problem but he had not taken any steps to remedy it so she had to make some repairs to the kitchen faucet amounting to RM3,000.00 in order to use it during the duration of the Tenancy. As such, your client is unwilling to make any payment of the said Costs to Mr. Alex and wishes that Mr. Alex repays her the amount of RM3,000.00 within 14 days of your letter to Mr. Alex. Prepare a letter in reply to Mr. Alexs solicitors on behalf of your client.

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

Letter in reply for damage for personal injury


Eg.: You represent Mr Ted Lim, the owner of a Volvo car registration no WJX 7349 (hereinafter referred to as the said Volvo). Your client has informed you that he has received a letter of demand (hereinafter referred to as the Letter of Demand) from one Ms. Joan Chen, the owner of a Proton Wira with the car registration no WET 6491 (hereinafter referred to as the said Wira). In the Letter of Demand, Ms Chen alleges that on 7.7.2007, the said Wira was damaged as a result of being hit into by which was being by your client and that 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 (hereinafter referred to as the said Sum) and Ms Chen has demanded that the said Sum is to be paid to her by your client by 3.10.2007 ie within 14 days of the date of your letter of demand. Your client had informed you that at the time of the accident, the said Wira was not parked in a parking lot at the Curve but by the side of a column where there was clearly a No Parking sign visible. Your client had hit into the said Wira as he turned the corner of the column due to the fact that he had not seen the car when turning the corner and there was no space for him to maneuver the said Volvo. As such, your client is of the opinion that the accident was Ms Chens fault and your client is unwilling to make payment of the said Sum to Ms. Chen. Your client also requests that you demand that Ms. Chen make payment of the repairs which your client had to make on the said Volvo amounting to RM3,000.00 and that payment of this amount be made to your client within 14 days of your letter to Ms. Chen.

Prepare a letter in reply on behalf of your client

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

By A.R. Registered Post

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.

Yours faithfully, Signature Messrs. F., G., & H c.c. 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

By A.R. Registered Post WITHOUT PREJUDICE

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