Omaha, NE asked in Civil Litigation for Nebraska

Q: Can I write a demand letter on behalf of a company that has hired me?

Hypothetically, lets say I was hired by an online, virtual-goods company. I have experience in writing demand letters, typically cease-desists, or a request letter. The company that has hired me experiences what are called "Chargebacks", meaning they sell virtual goods (like a rank on a gaming server), and then, weeks or months later (after the buyer has gotten bored, or stopped playing), the player will chargeback through Paypal. often times resulting in a full refund, and a loss of $ for the Company. These chargebacks can be difficult to win, and are often fraudulent requests that violate the Company's T.O.S.

Because I am not an attorney (but interested in Law, and a potential Law Student), is it legal for me to write legal requests (such as demand letters, cease-desist, legal requests, etc.), on behalf of a Company (especially if the Company has hired me for that specific reason, in a managerial role?).

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1 Lawyer Answer
Julie Fowler
Julie Fowler
  • Omaha, NE
  • Licensed in Nebraska

A: While a company doesn't need an attorney to draft every correspondence that may lead to legal action, you are entering dangerous territory of unauthorized practice of the law if the company is asking you to draft "legal requests" and you are not an attorney. This is especially true if your job involves legal analysis or giving legal opinions and you are not an attorney.

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