By On Sep 30, 2018 Form Templates
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 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.
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).
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