Office Memo Assignment Memorandum
TO: Dayna Meader, Esq.
FROM: Samantha Santiago
DATE: June 23, 2024
RE: Eleanor Santos: libel, slander, engagement ring
The following information pertains to the office memorandum assignment. You should read this document carefully—and more than once. Please let me know if you have any questions.
As you are already aware, Eleanor (Ellie) Santos brought her potential libel/slander case to our prestigious firm, and asked us to also check into her ownership rights of her engagement ring. Please prepare a memorandum outlining the significant legal issue(s) and suggesting a likely conclusion of law. Attend to these questions: What are the most important facts and issues in this case, and how are they likely to be resolved? What rules/cases will the Court look to in making this determination? Should we accept the libel/slander case? What about the contract case regarding the ring?
The Rhetorical Situation:
Audience
The audience for this assignment is me, your supervising attorney. Imagine that I know nothing, or very little, about this case; I’ve likely forgotten the facts you’ve been provided (though I am able to contact Ellie if you have questions for her). Also, imagine that I will use this memorandum, and this memorandum alone, to decide whether or not the firm should take these cases. Make your writing speakable. Pretend we are having lunch after a hearing downtown and I’m asking you to tell me about “this Santos case” and the research you’ve done.
Text
Yes, the text in this instance is, of course, written. It is an office memorandum. In other words, it’s an internal communication between you and lead counsel that discusses the merits and likelihood of success for a particular case. This sort of document is privileged attorney work product, so you need not worry about whether you disclose something to opposing counsel.
Review
Carefully review the fact pattern provided. You are being asked to consider the relevant rules (statutes, amendment(s), and case law) and assess how a Florida court is likely to rule on these issuesI Moreover, you should pick a side—either we should take the case(s) or not. This is the ultimate purpose of the office memorandum: to advise me of the likely outcome. You should apply the relevant facts to the rules and prove your case. Be clear and concise, but make an effort to keep me reasonably informed. You don’t want to pull the wool over my eyes on this one. Use your best judgment, and consider the rhetorical situation. You, as the associate attorney, are the author of this brief. Take this assignment seriously, as though your job is on the line—it likely would be.
Please ignore any procedural issues or issues outside the scope of the topics presented.
Expanding CREAcC:
We again adhere to the CREAcC format for this assignment. The office memo expands, in particular, the first “C” in our CREAC analysis. It will include a brief statement of the issue and a brief answer. You will also need a discussion of relevant facts.
We will also extend the A section to include a “little c” section. This is called the counteranalysis. You will use this to distinguish—that is, to set apart—any cases that are different than ours, and explain why. So, your overall CREAC will now look like this: CREAcC.
Be sure not to omit the counteranalysis. I have given you a few cases that are not factually similar. Think about how they are different, and why this case should perhaps not be decided in the the same way the court decided those cases.
There is a Memo Reading on Canvas that provides more information about this assignment. It also provides examples. Review this document, and use it to help direct your writing.
Other Considerations:
Structure your memorandum with section headings and thoughtfully format it so that it appeals to your audience. Pay close attention to grammar and style rules. Keep font and formatting consistent. There is no page requirement for this assignment. You must include appropriate citations in order for your memo to be complete. You are also required to thoroughly edit and revise your memorandum. Office memos have “take lines” like the ones you find at the top of this assignment memorandum.
You must discuss and apply a minimum of TWO topics. You may use more than just two cases. Do not simply drop case citations/rules into your memorandum. The inclusion of a case requires analysis with pinciting and short citing. You are welcome and encouraged to include additional rules and case law, if applicable, beyond the minimum in an effort to distinguish your work.
