Also known as: lawful demands · legal demand
Written by attorneys · grounded in primary & secondary sources — see below
A demand authorized by law that imposes a duty to respond or comply. The demand must come from a person or authority entitled to make it and must relate to a recognized legal obligation such as furnishing information to a bar admissions body or accounting for property subject to a known duty of payment.
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Luke Latham submitted a bar application that referenced a prior workplace investigation. The admissions office sent him a written request for details about the incident. Latham received the letter but deliberately ignored it, assuming the matter would be dropped. His knowing failure to answer the request violated the duty to respond to a lawful demand for information.
Lila Lin, an officer at Linden Bank, received funds from customers under an agreement requiring her to make specified payments into designated accounts. When the bank conducted an audit and issued a demand for an accounting, Lin failed to pay or explain the shortage. Her refusal to respond to the demand established the presumption that she had dealt with the property as her own.
A demand is lawful when it seeks facts bearing on an applicant's character and fitness and is issued by the admissions authority in connection with a pending application. The applicant must respond unless the information is protected by Rule 1.6 or a constitutional privilege asserted openly. Deliberate nonresponse after receipt of the request constitutes a knowing failure to comply.
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Yes. The demand must be made by the person entitled to immediate possession of the chattel. When that person issues a clear request for return and the holder refuses without a recognized lien or other justification, the refusal converts lawful possession into wrongful dominion.
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No. An employer's instruction not to discuss internal matters does not override the professional duty to cooperate with admissions or disciplinary authorities. The applicant must respond or openly assert a recognized privilege. Reliance on private confidentiality policies does not satisfy the rule.
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A lawful demand for payment or accounting triggers a presumption that an officer or employee of a financial institution dealt with the property as his own if he fails to comply. The demand need not identify specific property belonging to the victim. The failure to account itself supports the theft finding.
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