The analysis in the article is lengthy and sets out a thorough account of the viability of legal claims advanced in
shoplifting demand letters.
How do
shoplifting demand letters mislead the public?
As I have written in a recent article on the topic of
shoplifting demand letters, when lawyers send letters that mislead the public as to their legal obligations, there is a strong case that these lawyers are breaching rules of professional misconduct by, among other things, knowingly assisting their clients in dishonest conduct and violating their obligations to act in good faith and practice law with integrity.
A large number of these letters are still going out: a single Toronto legal aid clinic reported to me that, in the first six months of 2014, they received 50 calls about
shoplifting demand letters.
Notwithstanding the fact that many
shoplifting demand letters contain what appear to be invalid claims, many members of the public who receive such letters give in to the demands.
The practice at issue is the sending of
shoplifting demand letters.
And, of course, Gerry Laarakker was disciplined by the Law Society of British Columbia after making «discourteous and personal remarks» about another lawyer who was sending
shoplifting demand letters.
Or is this just about regulating a single activity (
shoplifting demand letters).
To my knowledge, no Canadian law society has publicly disciplined lawyers sending
shoplifting demand letters or publicly condemned the practice.
If the risk is low of being sued on such
shoplifting demand letters in the first place, the foregoing numbers by themselves do not seem to be an incentive to pay on the demand letters.
Not exact matches
Therefore, while retailers in California could likely pursue a civil claim for
shoplifting by way of a pre-suit
demand, they could not assign such a claim to a debt collection agency without first obtaining an actual judgment.
The third category of Civil
Demand Statutes create an explicit right to file a civil action for shoplifting, but are silent as to the issue of whether a demand can or must be made as a prerequisite to a civil
Demand Statutes create an explicit right to file a civil action for
shoplifting, but are silent as to the issue of whether a
demand can or must be made as a prerequisite to a civil
demand can or must be made as a prerequisite to a civil suit.
Shoplifting (including court representation and assistance with civil demands from establishments seeking shoplifti
Shoplifting (including court representation and assistance with civil
demands from establishments seeking
shopliftingshoplifting charges)
The Ontario lawyer in question had sent a letter to one of Laarakker's clients
demanding that she pay for «losses» arising from a
shoplifting incident involving her daughter.
It was in late - November 2009 when one of Laarakker's clients came to his office to discuss a
demand letter that she had received in the mail from an Ontario lawyer concerning an alleged
shoplifting incident involving her teenage daughter.
The letter «
demand [ed][the mother] pay $ 379 to help defray the cost of
shoplifting or face the consequences, threatening a civil lawsuit for as much as $ 900.»
A research assistant contacted the interested parents and conducted a screening interview by telephone, ensuring the families belonged to the target group (e.g. parents with children in conflict with peers, parents or other adults, protesting against
demands, often restless, having friends with bad influence or having been involved in vandalism,
shoplifting or truancy)(Bjornsdotter 2014).