By On Sep 30, 2018 Form Templates
If you are writing a research memo, put the question, the answer and the reason up front. Dont delay the conclusion until the end, as unthinking writers do, naively assuming that the reader will slog all the way through the memo as if it were a mystery novel. And never open with a full-blown statement of facts—despite what you may have learned elsewhere. Why? Because facts are useless to a reader who doesnt yet understand what the issue is. Instead, integrate a few key facts into your issue statement.
If your client paid for song and verse, then thats what you give them. Increasingly, Unbundled Legal Services are becoming more common. In plain English, this means the attorney gets paid for something less than full representation through trial. That means you could be called on to write a nastygram letter to a defendant and thats it. Its good to make a good first impression, so make sure that your client gets what she pays for. And there isnt (to our knowledge) any ethical rule prohibiting writing letters before first drafting any sort of correspondence. Careful, however, of charging extra-high fees to write a simple letter that might run afoul of the ABA reasonable fees provision.
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.
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