The Rhetorical Situation
Who is the author? You are writing this email on behalf of the firm, so you should include language in the email indicating that this is not a personal decision, but instead it is a legal opinion provided by the firm with regard to the particulars of the potential client’s case. Of course, you’ll want to produce a very polished and professional email with a subject line, professional greeting, valediction, and signature block.
The text serves a very important function: it explains the significant issues of law and explains how we (the firm) feel the court is likely to resolve the case. You will also explain why we are offering or declining continued representation. You’ll want to clearly and briefly state the facts as you understand them and indicate that we are relying upon these facts provided in offering our opinion.
Who is the audience? Plainly, the audience is the potential client, but considering this in more detail can help you to craft a strong and effective email. You do not want to make promises you cannot keep here. We never put guarantees about legal outcomes in writing. Consider what is most important to this individual. She probably is anxious. She may be concerned that she might be in a lot of trouble. You’ll want to explain the law carefully; she is not a legal practitioner and does not have a foundation in the rules of law that you have after researching her case. Think back to the Plain Language Exercise, and be sure to avoid unnecessary legal jargon. You may also need to take extra time to explain concepts that seem familiar to you now.
Other Considerations: There is no page requirement for this assignment. We are focusing on process over product, but you should address every issue that you covered in your Office Memorandum. You must carefully edit your client email, and you must consider and apply the grammar and style rules we’ve covered in class. Remember, for example, that passive voice is a stylistic choice, which may now be more useful as you write to distance your audience from any bad acts.
