Professional Writing for Lawyers: Skills and Responsibilities, Second Edition by Margaret Z. Johns & Clayton S. Tanaka

Author:Margaret Z. Johns & Clayton S. Tanaka
Language: eng
Format: mobi
Publisher: Carolina Academic Press
Published: 2012-07-02T00:00:00+00:00

Chapter 6

Memorandum Evaluating

Responsive Pleadings

This week you’ll switch roles. Your firm represents a client who has just been served with a complaint. Your senior partner wants you to evaluate the complaint to determine how to respond. As you may recall from civil procedure, you must file an answer or pre-answer motion within 20 days of service of the complaint. Your memo should discuss the pros and cons of these possible responses.

The basic form of the memo will be the same as the first one you wrote. However, we’ll consider some additional ethical issues. And to analyze this question, you will have to address both substantive law and also procedural strategies. This week you’ll see how to integrate the procedural issue into your legal analysis.

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