Legal Notice: Meaning and Essential Elements

Introduction:

“You have been served.”

You have probably have heard that line often in movies. Well, legal notices are often the harbinger of a legal battle-ready to ensue, maybe a war cry or a sign that it is time to suit up. In any case, it is important to understand what exactly a legal notice is.

To begin with, legal notices are simply formal communication of the person’s intention to pursue legal proceedings against the person receiving it. It can be defined as formal communication of one’s grievances and issues with the other party and intimation of the information that they intend to see them in court to resolve the grievances mentioned in the notice.

A legal notice contains all the relevant facts and provisions of law under which the actions are being brought. It is also inclusive of all the legal processes that affect the rights and duties of the defendant.[1]

It should be noted that a legal notice is filed usually in a civil case and criminal matters do not require filing of a legal notice. A legal notice has to be sent by the plaintiff to the defendant before proceeding with legal recourse.

Section 80 of the Civil Procedure Code, 1908 states that if action is being taken against the government or any public officer, then it is necessary to send a legal notice, without which such action cannot be initiated. It also provides that such action can be taken only after the expiration of two months after sending the legal notice.[2] The purpose of such a clause is to allow the government time to evaluate its options and plausible solutions. Such a legal notice should be sent to the Secretary of the Government in case the suit is against the Central Government.

This is not to be followed if the matter relates to railways. In case of suits against the central government in relation to the railways, the legal notice is to be sent to the General Manager of that railways.

In case the matter is against any state government, then the legal notice is to be sent to the Secretary of that Government or to the Collector of that district.

The Supreme Court in Bihari Chowdhary v. State of Bihar [AIR 1984 SC 1043] observed that the purpose of section 80 of the Civil Procedure Code 1908, was ‘the advancement of justice’ and to prevent unnecessary litigation for the public good. 

It should be noted that while it is only in civil cases that legal notices are drafted and sent, it is not mandatory in all civil cases. It is mandatory when the government is a party to the suit or when the suit is under section 138 of the Negotiable Instrument Act,1881. It should also be sent in cases of child custody, divorce or land disputes.

Elements of a Legal Notice

A legal notice like any other document has some specific essential elements without which it is incomplete. Law is a field of writing as much as it if of debating. Therefore, one needs to be aware of the format and principles that govern the successful manifestation of that document. Section 80 of the Civil Procedure Code 1908 provides for the following essentials in a legal notice –

1. Name: Name of the parties should be clearly mentioned in the legal notice. Over here, name refers to the name of not only the recipient but also the sender of the notice.
2. Address: Address of both the sender and the receiver should be stated in a legal notice.
3. Statement of Cause of Action: The notice should clearly state what has given rise to the cause of action in the suit being filed.
4. The relief/ prayer of remedy that is being claimed by the plaintiff party should also be included in the legal notice.
5. A legal notice should include the relevant provisions of law under whose ambit the case is being initiated. In other words, the legal notice should mention the legal basis for the suit and the relief being claimed.

General Principles of Drafting a Legal Notice

1. The title of the legal notice should be preferably short and should give an insight of the subject matter.
2. A legal notice should make use of clear, lucid and plain language. This is so because the notice is being sent to the defendant who should be able to understand the implications of the legal notice being served. It should not be over-complicated and unnecessarily wordy and complex. The language should although be able to create an impact on the receiver.
3. It is advised to states facts with the prefix ‘my client states’ or ‘according to my client’ or any other form that conveys that the statement is being said not by the advocate but by the client. This also conveys that the advocate is acting/writing on behalf of the client’s wishes and instructions.
4. The legal notice should convey what has given rise to the cause of action for a legal suit clearly. This is the most important part of the legal notice. The cause of action is the basis for the legal notice and the legal recourse sought. Therefore, it should be stated as clearly as possible.
5. The facts mentioned in the notice should be stated and written in a chronological order.
6. The legal notice is also responsible for conveying to the defendant(s) the relief that the plaintiff seeks or the compensation that they want. Thus, it should be conveyed clearly and precisely. For instance, if there any amount of compensation that the plaintiff seeks. The amount should be mentioned. This should preferably be mentioned in the last paragraph of the legal notice.
7. Time limit is also an important factor to be highlighted in the legal notice. The time limit within which the opposite party is to act should be specified in a legal notice. This ensures that the defendants have sufficient time to act and the plaintiff has the excuse to now pursue the legal action as appropriate time had been given to the defendant.
8. The conclusion of the notice should be signed as an advocate and should also contain the signature of the client. The conclusion should be inclusive of the fact that the notice is being sent by the advocate on behalf of the client. This is to ensure that later at the point of time the client does not forsake his responsibility and state that the notice was not sent by him.
9. The contents of the legal notice should also be intimated to the client as a check against any deficiency or lack of communication. This ensures that the client is absolutely aware of the contents and has the power to suggest edits or changes to the notice. It should be noted that once sent, the legal notice cannot be amended and thus, the statement of claim also cannot be changed.
10. Legal notices do not require attachment of any other documents with it.

Delivery of Legal Notice

The legal notice should be sent preferably by post but it also be handed into the defendants personally as long as one asks them to sign an acknowledgement receipt. This acknowledgement receipt is evidence of the fact that the defendants have received the legal notice and are aware of the actions being taken against them by the plaintiff. This acknowledgement ensures that the defendants later do not claim that they have not been given sufficient time or notice.

The Supreme Court of India has recognized delivery of legal notices through communication application such as WhatsApp and Telegram.

If one is not able to serve notice by way of post or personally due to change of address or they are evading the notice, then the plaintiffs can publish the notice. Serving notice by way of publication is required in cases where other methods of communication are not possible. Publication of notice should bot be the first choice and should only be pursued after having exhausted other available options.

Conclusion

While legal notices are a harbinger of an ensuing legal battle, they are also the reflection of the principle ‘audi alteram partem’ which translates to ‘Let the other side be heard as well’. It is important to understand that legal notice is not the filing of a suit in itself but rather a notice of the fact that the plaintiff intends to do so. It also intimates both the parties of their rights and claims. Work of a lawyer is similar to that of a writer. The point of difference is that one has muses and the other clients. Besides, the obvious differences. For successfully drafting any document, the format and its principles should be kept in mind. The same goes for drafting a  legal notice.

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References:

[1] Martin Luenendonk, Legal Notice, Cleverism (Last accessed – 27/1/21, time of access-5:15pm) https://www.cleverism.com/lexicon/legal-notice-definition/.

[2] Shreyanshi Maheshwari, How to send a legal notice, iblogpleaders (last accessed – 27/1/21, time of access- 6:30 pm) https://blog.ipleaders.in/legal-notice/.

Other Sources:

1. https://en.wikipedia.org/wiki/Notice
2. https://www.legalbites.in/legal-notice-format-procedure/
3. https://www.lawyersclubindia.com/articles/principles-of-legal-writing–4159.asp
4. https://www.lawordo.com/how-to-send-a-legal-notice/