Drafting Initial Memo for a Case
Imagine that you are a paralegal in law firm. You have been tasked with drafting the initial memo regarding the case of a new client to the firm, Ms. Baker. After interviewing Ms. Baker, you learned the following: Ms. Baker, a resident of Connecticut, was on road trip to visit the world’s largest ball of twine in Cawker City, Kansas. When she was driving in Kansas, her car was hit from behind by Ms. Smith, a Kansas resident. Unfortunately, Ms. Baker’s car was totaled, she suffered injuries, emotional distress and lost time from work. Her damages exceeded $75,000. The police determined the accident was wholly the faulty of Ms. Smith.
Instructions:
- Use the attached Memo template.
- Draft an office memorandum to your supervising attorney in which you answer the following questions:
- Can this case be filed in federal court? Why? (HINT: See Diversity Jurisdiction)
- Identify and explain the first document that the firm should file in court on behalf of Ms. Baker that will let Ms. Smith know that she is being sued.
- Identify what information should be sought in discovery.
- Identify and explain witnesses that should be called on behalf of Ms. Baker at trial. • Would ADR be helpful in this case? Why?
[Your Name][Your Title]
[Law Firm’s Name]
[Date]
[Supervising Attorney’s Name]
[Supervising Attorney’s Title]
[Law Firm’s Name] [Address]
Re: Case Analysis – Ms. Baker v. Ms. Smith
Dear [Supervising Attorney’s Name],
I have conducted an initial interview with our new client, Ms. Baker, and obtained relevant information regarding her case against Ms. Smith. Based on the facts provided, I have addressed the following questions below:
- Can this case be filed in federal court? Why? (Diversity Jurisdiction)
This case may be filed in federal court based on diversity jurisdiction. Diversity jurisdiction arises when the following conditions are met: (1) the parties are citizens of different states, and (2) the amount in controversy exceeds $75,000. In this case, Ms. Baker is a resident of Connecticut, while Ms. Smith is a resident of Kansas. Therefore, the diversity of citizenship requirement is satisfied. Additionally, Ms. Baker’s damages exceed the $75,000 threshold, further supporting federal jurisdiction.
- Identify and explain the first document that the firm should file in court on behalf of Ms. Baker that will let Ms. Smith know that she is being sued.
The firm should file a Complaint in the appropriate federal district court on behalf of Ms. Baker. The Complaint is a legal document that initiates a lawsuit and informs the defendant (Ms. Smith) that she is being sued. It outlines the factual allegations, legal claims, and the relief sought by Ms. Baker. Additionally, the Complaint should include a summons, which informs Ms. Smith of her obligation to respond to the lawsuit within a specified time frame.
- Identify what information should be sought in discovery.
During the discovery phase, the following information should be sought:
a. Interrogatories: These are written questions sent to the opposing party (Ms. Smith) seeking information regarding the accident, her actions, and any other relevant details.
b. Requests for Production of Documents: This entails requesting Ms. Smith to provide any documents in her possession or control that are relevant to the case. This may include photographs, insurance records, medical records, or any other documents pertaining to the accident.
c. Requests for Admission: These are statements presented to Ms. Smith, asking her to either admit or deny the truth of certain facts related to the case. This helps to narrow the issues in dispute and potentially streamline the trial.
