The following Cease and Desist Letter is solely for use in defamation of character claims (modifications could be made to specify libel or slander) and is from the perspective of a Minnesota attorney writing on behalf of a client whose character has been defamed.
Because laws vary from jurisdiction to jurisdiction, this cease and desist letter should not be used without first consulting with an attorney. Also, cease and desist letters may be more influential when sent by an attorney.
CEASE AND DESIST[DATE]
By Certified Mail
Ms. Jane Doe
[STREET ADDRESS] [CITY], [STATE] [ZIP]
Dear Ms. Doe:
This law firm represents [CLIENT NAME]. If you are represented by legal counsel, please direct this letter to your attorney immediately and have your attorney notify us of such representation.
You are hereby directed to
CEASE AND DESIST ALL DEFAMATION OF
[CLIENT NAME]’S CHARACTER AND REPUTATION.
[CLIENT NAME] is an educated, respected professional in the community. She has spent years serving the community in her profession and building a positive reputation. [CLIENT NAME] has learned that you have engaged in spreading false, destructive, and defamatory rumors about her.
Under Minnesota law, it is unlawful to engage in defamation of another’s character and reputation. Defamation consists of
(1) a statement that tends to injure reputation;
(2) communicated to another; and
(3) that the speaker knew or should have known was false.
Your defamatory statements involved [CIRCUMSTANCES AND/OR DESCRIPTION OF DEFAMATORY STATEMENTS].
Accordingly, we demand that you (A) immediately cease and desist your unlawful defamation of [CLIENT NAME] and (B) provide us with prompt written assurance within ten (10) days that you will cease and desist from further defamation of [CLIENT NAME]’s character and reputation.
If you do not comply with this cease and desist demand within this time period, [CLIENT NAME] is entitled to seek monetary damages and equitable relief for your defamation. In the event you fail to meet this demand, please be advised that [CLIENT NAME] has asked us to communicate to you that she will pursue all available legal remedies, including seeking monetary damages, injunctive relief, and an order that you pay court costs and attorney’s fees. Your liability and exposure under such legal action could be considerable.
Before taking these steps, however, my client wished to give you one opportunity to discontinue your illegal conduct by complying with this demand within ten (10) days. Accordingly, please sign and return the attached Defamation Settlement Agreement within ten (10) days to
[FIRM NAME] [FIRM ADDRESS] [FIRM CITY, STATE, ZIP]
I recommend that you consult with an attorney regarding this matter. If you or your attorney have any questions, please contact me directly.
How a Special Litigation Committee Protects Minnesota Companies
Accidental Partnership: Are You in a De Facto Business Partnership?
The Contingency Fee Agreement is Relevant When an Attorney is Fired
Can Minnesota Lawyers Share Legal Fees? Yes.
Succeeding on Purpose: a Workshop
How the ‘Business Judgment Rule’ Protects Directors and Officers