Persuasive: asks to present Franklin & Franklin, LLP Objective: asks for

arguments. Must argue ONE Attorney at Law information or consideration

side of the question 123 Somewhere Street on both sides of the question
Lakeview, Franklin 33071
Evaluate, Discuss, Analyze

MEMORANDUM On one hand, On the other

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

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

PLAINTIFF TRIAL BRIEF IN SUPPORT

OF LIABILITY AND DAMAGES

Plaintiff seeks judgement on …..

STATEMENT OF FACTS

 Draft full Statement of Facts-

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

ARGUMENT

I. LIABILITY

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

II. DAMAGES

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,”

Respectfully Submitted,

John Doe
Attorney for Plaintiff

Letter can be to another
lawyer, opposing counsel,
client,.
Franklin & Franklin
405 Eat Gray, Suite 100
Lakeview, Franklin 33079
Franklin & Franklin
1234 Somewhere Street
Chicago, Illinois 60644

February 22, 2021

John Jones, Esquire

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

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:
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.

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

Conclusion:

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