Investigations, Demands and Settlement Before Suit

The Camp Firm has a proven track record of handling – and resolving – claims before a suit is even filed, representing both plaintiffs and defendants. Combining thorough knowledge of the law and an experienced trial attorney’s litigation skill set with well-developed negotiation strategies, we focus on getting the issue resolved before a lawsuit is commenced.

The Demand Letter can be critical. This important document constitutes official notice that unless the opposing party resolves this claim to the client’s satisfaction in the near-term legal action will be taken to enforce your rights. Sometimes, it may require the performance of some act of acts; other times it may require that the opposing party stop taking some action (a Cease & Desist). A Demand may also be necessary to satisfy legally required pre-suit conditions in some cases and contain other important language.

We typically also prepare and serve an additional document with the Demand called a Tangible Evidence and Data Preservation Notice. This instrument establishes a notice date and describes the consequences of deletion of data,

destruction of documents, or any other steps to hide or destroy evidence. It also reinforces the serious nature of the Demand and, in our experience, can help resolve the dispute without the necessity of litigation.

We often use two other tools to get a dispute settled short of a lawsuit. Rule 202 of the Texas Rules of Civil Procedure states that a person may petition the court for an order authorizing the taking of a deposition on oral examination or written questions either:

While it does require a petition, hearting and order, the rule allows limited discovery before the actual filing of the lawsuit. The petitioner must establish that the requested depositions may prevent a failure or delay of justice or that the benefits of discovery to investigate a potential claim outweighs the burden or expense of the procedure.