If they did not abide by the contract terms and provide you 60 days written notice, then this is your defense as they are bound to the contract they signed. Thus, you will need to write a letter to the attorney now, with a copy of the contract and highlight that term. You need to explain to the attorney that had his client followed the terms specified in the contract they would not be in this situation now. In the letter, make sure you put at the top in bold underlined text that the letter is for settlement
purposes only and cannot be used for any purpose other than for settlement and all of the representations made in the letter are solely for the purposes of settlement and are not intended as admissions to any conduct. Then you also need to explain your "amicable resolution" that you reached with their client that the client was supposed to confirm to you in writing and failed to do. Tell the attorney that (if you want to still abide by those terms of the agreement you reached) if his client will send you the written confirmation of that settlement offer with the reimbursement terms agreed upon (or you can write up the settlement agreement on those terms and ask him to have his client sign it and return it to you) that you would be glad to honor that settlement. Tell the attorney that if not, his client was in breach of the contract for failing to provide written notice and as such would be estopped from claiming reimbursement damages because they failed to follow the terms of the written contract and any damages they suffered were their fault.
You can write the letter or you can have your company attorney write the letter. If the attorney does not accept this, then they will file suit and you will need an attorney to represent your company because you cannot do so as it would be considered the unauthorized practice
I hope you found my answer helpful, please click on the GREEN ACCEPT button above for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!
Please remember this is a dialog if you have follow up questions please use the REPLY button and ask. If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.
Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.
There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.
You can always request me through my profile at http://www.justanswer.com/profile.aspx?PF=10285032&FID=39 or beginning your question with “For PaulMJD…”