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Pre-litigation posture review

Before the first letter, an honest read of where you stand.

An audit of the position before a claim is brought, or answered, so the opening move is made from strength rather than reflex.

The first letter in a dispute often decides its shape. Sent in anger, it commits to a position that the record cannot support; held back, it surrenders the initiative. The firm audits the position first - the correspondence, the documents, the real exposure - and tells the client, in writing, where it is strong, where it is exposed, and what the opening move should be. This is advisory work, not litigation and not drafting.

The work spans
  • A review of the correspondence and documents before any claim is sent or answered.
  • An honest read of the strengths, the weaknesses, and the realistic exposure on each side.
  • The strategic question of whether, when, and how to make the first move.
  • The risks a premature or overstated first letter would create.
  • A written posture assessment the client uses to decide its next step.
  • You are about to send a demand or a claim and want the position read before you commit to it.
  • You have received a threat or a demand and want to know how exposed you really are before you reply.
  • You suspect a dispute is coming and want to be ready rather than surprised.
  • You want an honest second look before an opening move you cannot take back.

The firm reads the client's own documents first, with the same suspicion it brings to an opponent's, because the weak points found now are the ones an opponent will find later. It separates what the record proves from what the client believes, and it is candid about the exposure rather than comfortable. It ends with a recommendation on the opening move, not a finished letter, since the drafting and the litigation that may follow are separate steps.

04 · What you get

The record read against you

The weak points are found before an opponent finds them.

An honest exposure read

What the documents prove, not what you would like them to prove.

A recommended opening move

Whether, when, and how to act, in writing, for you to decide on.

A client preparing to send a demand asks for the position to be read first. The firm audits the correspondence and documents, identifies an exposure the client had not weighed, and recommends a narrower, better-supported opening move than the one first contemplated.

Described in abbreviated, anonymised form to preserve client confidentiality.

Should I send a demand letter before suing?

Often a measured demand is the right first step, but a letter sent before the position is assessed can lock you into a stance the record will not support, which is why the posture is reviewed first.

How do I assess my position before a dispute escalates?

By reading your own documents and correspondence critically, identifying the real exposure, and deciding the opening move on that basis rather than on the strength of the grievance.

Can the wrong first letter damage my case?

Yes; an overstated or premature letter can commit you to a position, reveal weakness, or create admissions, which is the risk a posture review is built to avoid.

Start a conversation.

The firm replies within one business day.