Franklin & Franklin, LLP

Persuasive: asks to present Objective: asks for

Attorney at Law
arguments. Must argue ONE information or consideration
123 Somewhere Street
side of the question on both sides of the question
Lakeview, Franklin 33071
Evaluate, Discuss, Analyze

On one hand, On the other

MEMORANDUM
hand approach.

To: Supervising Attorney

From: Bar Candidate

Re: In Matter of

Date: February 22, 2021

INTRODUCTION

You have asked me to write a persuasive/objective memorandum. Write 2 or 3 sentences, setting

out the partner’s task assignment and briefly stating what you will have accomplished and your
conclusion.

Example of Objective:
“You have asked me to evaluate whether our client has a cause of action in negligence. I have
concluded that he probably does, but that further research is necessary.”

DISCUSSION

Each section will have its own persuasive heading, which is underlined, and each section will
have a number at the start: I, II, III. (Leave abundant white space in between sections)

Example:
I. Lisa Peel qualifies as a “reporter” under the Franklin Reporter Shield Act (FRSA), if her
blog is a “news medium.”

Objective
1. Must always choose structure that responds to the instructions in the task.
2. Must organize the content of the work product so that the reasoning of the memo makes
conformity to the partner’s instruction obvious.
Persuasive
1. Powerful topic heading
 2. Persuasive writing
3. Argument from supportive law
4. Distinction of – or attack against- unfavorable law,
5. Skillful use of the facts, and
6. Careful use of the memo format.

CONCLUSION

Summarizes what the task was and what the writer has accomplished and conclusion.

“Having evaluated all of the facts in the file and the applicable law, I have concluded that our
client may have a cause of action in negligence, and I have suggested further avenues for
research”
Brief or Persuasive
Memorandum for the Court FRANKLIN DISTRICT COURT
Case v. Case

Name, Inc.,
Plaintiff, Case Number 02-CV-4081
Memorandum in Support of
Plaintiff’s Motion for Summary
Judgment
v.

Name, Inc.,
Defendant

---------------------------------

STATEMENT OF FACTS

 Stipulated Facts-
Example:
During the period March 2000 to January, defendant removed a total of 700 trees without
permission from defendant’s property, in an area close to the boundary of her own land. She
removed trees both before and after being notified by the Department of Interior that her logging
was illegal. The history of the parties’ titles and of the surveys conducted, together with the
relevant facts, is set out in the Stipulated Facts and discussed below.

 Draft full Statement of Facts-

Keep Statement of Facts as short as possible. Include favorable facts and unfavorable
facts.

ARGUMENT

I. Use Clear, Complete, Argumentative, Section Heading. Strong Persuasive Heading.

II. Heading must contain both Law and Facts
III. (Example) By placing a chain across the driveway and by refusing access to others,
Plaintiff has established a claim of right.

 An MPT Office Memorandum with instructions for writing a brief usually tells the bar
candidate to “analyze applicable legal authority and persuasively argue how the facts and
law support our client’s position.”
 Argument must be persuasive.
  This means stating the rule of law, with or without additional supporting rules.
 Next, applying the Law to the Facts.
 Finally, drawing a conclusion based on THAT law.

 Use the Under-Here-Therefore format.

Example:
Under Florida Law, all men are mortal
Here, Socrates is a man.
Therefore, Socrates is mortal.

CONCLUSION

 It is another summary of the argument, like the opening paragraph. Should include each
part of your brief.

 Briefs always close with the same words: “For the forgoing reasons,”
 After those words a brief should always close, as it opens, with a statement of the action
the litigant asks the court to take: “petitioner asks the court to vacate the suspension of
her driver’s license.” OR: “appellant asks this Court to reverse the judgment of the court
below and remand the case.”
 Every brief is signed with the same words: “Respectfully Submitted,” These words go in
the signature block above the name of counsel of record. (Note that an attorney never
right Esquire after his or her own name.)

Example:
For the foregoing reasons, this Court should hold the defendant liable for trespass to
plaintiff’s trees. The Court should impose punitive treble damages for the taking of all the trees
or, at the least, double damages for the earlier trees and treble damages for the trees defendant
took after the Department of the Interior warned her that her conduct was illegal.

Respectfully Submitted,

John Doe
Attorney for Plaintiff
Franklin & Franklin
405 Eat Gray, Suite 100
Lakeview, Franklin 33071
Letter can be to another Franklin & Franklin
lawyer, opposing counsel, 1234 Somewhere Street
client,. Chicago, Illinois 60644

February 22, 2021

John Jones, Esquire

Jones and Whittier
5 West Irving Park Road
Chicago, Illinois 60644

Re: Smith v. Smith

Dear Mr. Jones:

Opening Section of the Letter: The first sentence or paragraph of the letter interduces
the sender and explains the purpose of the letter.

Example:
We represent James Jones, who is the former business associate of your client Henry
Hobbs. Mr. Jones has asked us to seek an agreement with you on his behalf regarding disputed
rights to the beachfront property Mr. Hobbs holds in San Diego, California.

Example:
You have asked our opinion on whether the Delta Music Corporation owes you
additional royalties for your DC called “All About Airplanes.” You have told us that Delta’s
accounting report for your royalties have always failed to include sales of your CD on the
internet. We have examined your contract with Delta in order to advise you.

Discussion: Each section of the letter may have a persuasive section heading. May
contain 3 parts, which will respond to the instructions in the Partner Memo.
 Conclusion: The final paragraph or sentence will usually summarize the content of the
letter and suggest the further action.

Example:
We believe that we should seek a meeting with Delta’s counsel to discuss this matter.
Please call me at 415-665-6556 to talk about this possibility and the associated costs, and to
discuss the alternatives.

Respectfully,

Pat Jones
Managing Partner