1. Letter Writing

2. 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)

3. 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

4. Audience Corporate? Individual? Level of education
Profession – Lawyer?
Experience with law
Physical, mental, emotional condition
Query: Is a letter appropriate?

5. Tone Always: courteous cooperative reasonable straight-forward clear
precise

6. 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.”

7. Don’t be this guy:

8. Be this guy

9. 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.”

10. 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.”

11. 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)

12. 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

13. Beginning Formalities
Write on letterhead
Date
Name and address
File reference (if necessary)
Salutation

14. 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.

15. 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.”

16. 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

17. 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

18. 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.