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 there have been more developments in the Johnson case that require your heroic efforts. We had a conference with the district court judge last week to map out a discovery plan.
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 advise 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 include a discussion of pissedconsumer's potential intellectual property claim against Jane.
Please write this letter to Jane and then run it by me.
Thank you for all your help.
B. Partner