Lesson 13.3: Drafting the Work Product

Introduction

In this lesson, students will master the essential skills needed to draft a professional work product during the Multistate Performance Test (MPT). This skill is critical for producing coherent documents such as objective memos, persuasive briefs, and client letters, all within a limited time. By the end of this lesson, you will be able to identify relevant facts, organize your analysis effectively, and apply the law to the facts presented in the MPT. Our focus will be on understanding structure, tone, and convention specific to legal drafting.

Learning Objectives

By the end of this lesson, students should be able to:

• Produce common legal document formats: objective memos, persuasive briefs, and client letters.
• Organize legal analysis to resolve client problems by applying the law to the facts.
• Draft legal documents in the appropriate format and tone.
• Use provided library materials to support conclusions and arguments effectively.
• Explain the fundamental ideas and terminology associated with drafting a work product.

Understanding the Structure of Legal Documents

Legal writing is concerned not only with content but also with the structure and format used to communicate effectively. This section will introduce the three common document types you may encounter on the MPT.

Objective Memo

An objective memo is a document that outlines a legal issue without advocating for a specific position. It aims to provide a thorough analysis based on the law and facts at hand.

Key Components:

1. Heading: Include the memo's date, to whom it is addressed, from whom it is written, and the subject.
2. Issue Statement: Clearly state the legal issue or question.
3. Facts: Summarize the pertinent facts of the case.
4. Analysis: Discuss the relevant law, applying it to the facts, and providing a reasoned conclusion.
5. Conclusion: Offer a concise result based on the analysis.

Example: Objective Memo

To: Partner

From: students

Date: [Insert Date]

Subject: Analysis of x vs. y regarding breach of contract.

Issue:

Is x liable for breach of contract under the circumstances presented?

Facts:

X entered into a contract with Y on [date]. Y claims X failed to deliver goods as promised by the contract deadline.

Analysis:

Under the UCC § 2-601, a buyer may reject goods if the delivery is not in accordance with contractual terms. It’s necessary to establish whether a material breach occurred. In this case, the validity of Y’s claim depends on whether timely delivery was a condition precedent.

If [specific law/fact], then [concluding reasoning] leads to [ultimate conclusion].

Conclusion:

X may be liable for breach of contract, depending on the evaluation of delivery timeliness as a condition of performance.

Persuasive Brief

A persuasive brief aims to convince the reader to adopt a particular viewpoint or take specific action. This type of document often appears in advocacy settings.

Key Components:

1. Introduction: Present your main argument succinctly.
2. Issue Statement: Clearly state the primary legal question again.
3. Statement of Facts: Provide a detailed overview of the facts, emphasizing those that support your argument.
4. Legal Argument: Analyze the law relevant to the argument along with supporting case law, statutes, or regulations.
5. Counterarguments: Address potential counterarguments and refute them.
6. Conclusion: Reinforce your argument and request relief or a specific outcome.

Example: Persuasive Brief

To: Honorable Court

From: students

Date: [Insert Date]

Subject: Motion to Dismiss—Case of x vs. y

Introduction:

This brief seeks dismissal of the claims against my client, alleging insufficient evidence to support Y's allegations.

Issue:

Whether the evidence presented by Y is enough to establish actionable claims against X?

Statement of Facts:

X and Y entered into a contract wherein Y was to deliver services. Y failed to substantiate claims of non-performance.

Legal Argument:

Pursuant to Rule 12(b)(6), a motion to dismiss is appropriate unless the plaintiff can articulate a plausible claim. Y's failure to provide pertinent documentation to prove their case puts the claims at a strategic disadvantage.

Counterarguments:

Y may argue that evidentiary standards have been met, yet the lack of documented proof undercuts their assertion.

Conclusion:

For the reasons stated, dismissal of all counts is appropriate given the current evidentiary inadequacies.

Client or Demand Letter

A client or demand letter communicates a client's needs or positions to another party. It is vital in negotiating settlements, demanding performance under a contract, or addressing grievances.

Key Components:

1. Salutation: Address the recipient appropriately.
2. Introduction: Briefly introduce the subject of the letter and its purpose.
3. Background: Provide relevant facts and context to the request/demand effectively.
4. Demand Statement: Clearly articulate what you are asking for and why.
5. Conclusion: Include a call to action and a timeframe for response, if applicable.

Example: Demand Letter

[Your Firm’s Letterhead]

Date: [Insert Date]

To: [Recipient Name]

Subject: Demand for Payment

Dear [Recipient Name]:

This letter serves to formally demand payment from you regarding outstanding invoices related to services rendered on [insert date]. The invoices total X, and despite previous communications, payment remains unpaid.

Background:

Our client has fulfilled their obligations as per the contract signed on [insert date]. The failure to pay is a breach of this contract.

Demand Statement:

We kindly request payment of the total amount owed by [insert payment deadline]. If we do not receive payment within this time, we will consider further legal action.

Conclusion:

We look forward to your prompt response to prevent further escalation.

Organizing Analysis to Resolve the Client's Problem

Once you have determined the format and requirements of the document, it is crucial to organize the analysis bottom-up. This process enables clarity and logical flow, allowing the reader to understand your conclusions.

Step-by-Step Reasoning

1. Identify Relevant Facts: Start by reading the assignment memo carefully. Distinguish between facts that are critical versus extraneous to the case.
2. Select the Governing Law: Look through the library materials to find rules and statutes that connect to the identified issues.
3. Apply the Law to Facts: Consider how the rules interact with the established facts. Always support claims with citations from authoritative texts.
4. Write Concisely: Keep language clear and direct, minimizing unnecessary legal jargon while maintaining professionalism.
5. Review for Tone and Clarity: Ensure consistency in tone that is appropriate for the audience (client, court, etc.). A persuasive brief and demand letter may adopt a more assertive tone, while an objective memo must remain neutral.

Conclusion

In this lesson, students has learned the various types of legal documents essential for the MPT, including how to structure and draft each format effectively. Key components like clarity of legal issues, detail in fact presentation, and adherence to format are vital. By mastering these elements, candidates can articulate their analyses robustly and persuasively while adhering to the ethical standards expected in legal practice.

Study Notes

• An objective memo analyzes law and facts without advocating a position.
• A persuasive brief seeks to convince the reader to adopt a specific point of view.
• A client or demand letter clearly communicates a client’s needs or positions around legal issues.
• Organize your analysis logically, addressing relevant facts and applicable laws to support your conclusions.
• Maintain clarity, professionalism, and appropriate tone in legal writing.