It's because lawyers are often (to make a broad generalization), terribly risk-averse. Judges can sometimes disapprove of not giving the law it's "proper respe

It's because lawyers are often (to make a broad generalization), terribly risk-averse. Judges can sometimes disapprove of not giving the law it's "proper respect" (see Chad Johnson's recent stint in jail after being let off). Also, oftentimes lawyers can just drop the relevant facts at hand into a template. I'd bet the lawyer sending the C&D has sent a huge number of other C&D's worded pretty much identically.