case law 3

From: Boss Partner

To: Legal Assistant

Date: 02/11/YR01

Re: Smith v. Johnson

You’re doing a fantastic job so far. But, as you know we are facing a deadline to make a

motion to dismiss that requires your heroic efforts. However, before we make such a motion, we

need Jane to be in agreement.

In my conversations with Jane, we've been toying with the idea of floating some sort of a

settlement proposal to Douglas Smith. Jane really doesn't want to settle but if I advised her to do

so she will consider it.

However, Jane did mention to me that she doesn't feel as though she really understands

what's going on in her case and what her prospects are. She is not going to be willing to settle

unless she feels that she has a firm grasp on her case and what the applicable law is.

I would like you to do me a favor and draft a letter to Jane explaining to her the

applicable law and how it applies to her case. I am going to review it and approve it before it

goes out, see don't have to worry about unauthorized practice of law. You do not have to make it

formal legal writing and I certainly don't want you giving fancy case citations that Jane won't

understand. Rather, what I'm looking for is a letter that explains, in layman's terms, what the law

says and how it applies to Jane's potential liability.

Of course, the law that you discuss with Jane can (and probably should) be based on the

excellent memorandum that you wrote to me back in January. But here, since we’re

communicating with Jane, we need to also (and especially) apply the law to the facts and

circumstances of our case.

Please write this letter to Jane and then run it by me.

Thank you for all your help.

B. Partner