Civil Litigation,
Law Practice
May 1, 2013
When does a demand letter become extortion?
Sadly, a new court ruling affirms the problematic notion that if phrased incorrectly, lawyers can be sued for their words.
Timothy D. Reuben
Founder and President of Reuben Raucher & Blum and the Founder of Reuben Mediation
Email: treuben@rrbattorneys.com
Timothy D. Reuben is a mediator, litigator and author who focuses on resolving complex civil disputes in state and federal courts, as well as in arbitration and mediation. He is also the author of "Tequila, a Story of Success, Love & Violence," a legal novel inspired by real world legal practice that explores power, loyalty and the human dynamics that drive conflict.
One of the most common tasks lawyers perform is sending demand letters - but as the 2nd District Court of Appeal recently warned: be careful how you do it! In Mendoza v. Hamzeh, 2013 DJDAR 5202 (2013), Justice Victoria Chaney, writing for a unanimous court (Justices Robert Mallano and Jeffrey Johnson concurring), affirmed Los Angeles County Superior Court Judge Mary Ann Murphy in denying an anti-SLAPP motion by a lawyer who was sued for extortion because of his demand letter.
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