By On Oct 11, 2018 Form Templates
Whether you are writing a research memo, an opinion letter or a brief, you will need an up-front summary. That typically consists of three things: the principal questions, the answers to those questions and the reasons for those answers. If you are drafting a motion or brief, try to state on page one the main issue and why your client should win—and put it in a way that your friends and relatives could understand. Thats your biggest challenge.
Depending on whether or not a fee agreement has already been signed (or a retainer) your letters length and style will be dictated by a number of factors, including the subject and the sophistication of your client. Be cognizant of your clients ability to understand. Is your client requesting a demand letter from someone who injured him in a car crash? In PI cases, the length of the letter may be as much a function of whether or not the defendant has insurance (i.e., money).
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.
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