Legal Question in Legal Malpractice in Tennessee

Re: Cease and Desist.

The answer to your question depends upon what you are talking about. The phrase cease and desist is a popular term for a letter demanding that the receiver stop doing something, infringing upon a tradename or trademark for example. (It could apply to any alleged illegal conduct.) Such a cease and desist letter can come from anybody. They usually carry more weight and credibility when written by a lawyer.

A Judge can issue an Injunction which orders a party to cease engaging in specific illegal conduct. Such an order carries the contempt power of the court if the receiver disobeys the order. This type of Order is issued by Judges or Chancellors only. There must be a hearing before the Order is issued or very very shortly thereafter. The party to be enjoined must be given an opportunity to be heard and present evidence.

I hope this answers your question. If you need more information, please do not hesitate to contact me at 1.800.403.7868 or [email protected].