Letter Writing
Types of Letters Advice letter (or client letter) Opinion letter Demand letter Attorney-to-attorney letter Letter to third party Cover letter (or transmittal letter)
Purpose Typical primary purposes Typical secondary purposes To counsel a client about available options To persuade someone to a course of action To inform someone of something Typical secondary purposes To establish rapport To check facts To request directions as to how to proceed To establish a time-frame for response
Audience Corporate? Individual? Level of education Profession – Lawyer? Experience with law Physical, mental, emotional condition Query: Is a letter appropriate?
Tone Always: courteous cooperative reasonable straight-forward clear precise
Think about your persona Tone Think about your persona Formal or casual? How much optimism to convey? How much pessimism to convey? Don’t be vague to cushion bad news. “Our chances in litigation are problematic.” “It is very unlikely that such a lawsuit would succeed.”
Don’t be this guy:
Be this guy
Tone Techniques Level of formality – conveying your persona Contractions Personal pronouns “You need to review your options.” “We need to review your options.” Vivid, specific words v. general language “The statute of limitations began to run on the day Mr. Jones slashed the boy’s face with a knife and dumped him in an alley to bleed.” “The statute of limitations began to run on the day your son was injured.”
Writing to Client Write simply. Use plain language as much as possible. If you must use a term of art, explain it. Do not oversimplify. Avoid cold recitations of law; instead, describe the law’s effect on client. “In this state, tax must be paid by the property owner on each lien against real property recorded in the county clerk’s office.” “If you refinance the mortgage on your home, you will have to pay $1250 in mortgage tax.”
Organization of Advice Letter Beginning formalities Introductory paragraph, which may or may not include your… …Opinion Summary of facts on which opinion is based Explanation or legal analysis Closing paragraph(s)
Organization of Advice Letter Compare to an office memorandum Beginning formalities Intro paragraph Summary of facts Explanation or legal analysis Closing paragraph(s Heading Question Presented Brief Answer Statement of Facts Discussion Conclusion
Beginning Formalities Write on letterhead Date Name and address File reference (if necessary) Salutation
Introductory Paragraph Establish a relationship with reader Define the issue (or restate the question the client posed to you); issue may be two-fold. (Am I liable? If so, what should I do?) Answer the question May develop relationship with reader Inquire about health, acknowledge difficult time, etc.
Facts Why include facts? To be certain that you and the client have the same understanding of the facts. Recording the known facts in a letter may jog the client’s memory about something else important that happened. May include statement that your opinion is based on the facts stated and might change if other facts become known. May include statement such as “If I have described any of the facts inaccurately, please call me.”
Explanation Begin with roadmap (if multiple issues) Explain the law (provide an abstract summary) Explain how the law affects the client’s problem Somewhat similar to Discussion section, but: Include far less detail Don’t cite cases Don’t quote statutes
Closing Paragraph(s) Identify the alternatives. Outline the advantages and disadvantages of each. If client has pressed for opinion on what to do, indicate which you think is best course of action in light of client’s objectives. (ethics moment) Request instructions or suggest further discussion Explain what happens next Announce any relevant deadlines Demonstrate your personal concern and willingness to be of service
Final Thoughts Write simply. Don't be afraid to include a “human touch” element to your client letters. Convey to the client that you have been listening to what he or she has said. Do not make sloppy errors: grammar, punctuation, spelling, etc. Correspond promptly with clients.