By On Oct 23, 2018 Form Templates
The structure is important, Hill says. “In order for our logical syllogism or rule-based reasoning to work, the legal writer needs to prove or provide all of the rules and sub-rules and any exceptions, along with any case exceptions before applying the law to the facts of your case and making any comparisons to precedent.” Judges and other legal readers do not like surprises, she says. “They do not want you to include new law in the application section or any exceptions to the rule after you start applying that rule to your facts. So this form will give the reader comfort and confidence.”
Its not enough to summarize. You must summarize in a way that every conceivable reader—not just the assigning lawyer—can understand. So dont write your issue this way: "Whether Goliad can take a tax deduction on the rent-free space granted to Davidoff under I.R.C. § 170(f)(3)?" Thats incomprehensible to most readers because its too abstract and it assumes insider knowledge. Also, it doesnt show any mastery of the problem.
If you are writing the letter to the defendant personally, then typical demand letters tend to be short and sweet. But if the letter is being written to the insurance adjuster, most demand letters tend to go a little longer -- about four to five pages, depending on the facts and the causes of action claimed. In letters to insurance companies, its common to include case law and statutes.
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