You cannot counsel your client about possible courses of


COUNSELING PLANNING MEMO

Now that you have interviewed your client, you need to examine the legal issues that bear upon your client's problem.

You cannot counsel your client about possible courses of action until you understand the legal aspects of the problem. I'd like you and your partner to prepare one memo that facilitates and summarizes your preparation for the meeting you will be having with your client. The memo should contain the following sections:

1. Analysis of the law

a. Discuss each relevant law and how it applies to the facts of this case. Your answers should be clear, concise and straightforward.

2. Outline of meeting

a. Describe how you intend to structure your counseling meeting.

b. Identify any specific concerns you have about the meeting and how you intend to deal with those concerns (i.e. delivering bad news, explaining complicated law, a client making a decision you think is immoral, a client making a decision with which you disagree, a client wanting you to make the decision).

c. For each legal issue, explain if and how you intend to present it to the client. You should be clear about if and how you will explain the law to your client and may even write out portions of script, if you wish.

3. Goals and concerns?a. Summarize the client's goals and concerns, as you understand them. Identify any additional goals or concerns that you think the client might or should have.

4. Analysis of client's options

a. Identify the options and potential solutions that you believe the client has.

b. Analyze the pros and cons of each option, including legal and non-legal ones, and potential consequences.

c. Estimate likelihood of success of each option.

d. Explain how you will help the client reach a decision.

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Business Law and Ethics: You cannot counsel your client about possible courses of
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