First Client Advice Letter Assignment

 Directions

Write a client advice letter addressing the legal issues raised in the client situation set out in this assignment.

·         Heading

·         Introductory paragraph, opening the letter and stating the issues

o   You may state your opinion too at the outset

·         Summary of the important, legally significant facts

·         Two explanations, one for each of the two issues

·         Advice, including options the client should consider taking

·         Conclusion, stating next steps

As for the two explanations:

·         As you will see below, you are to address two separate issues.

·         For each issue, first set out the legal rule.

·         Then apply the rule to the facts of the client’s situation, by connecting each piece of the rule to the relevant facts of the client’s situation.

·         If you think that it would be useful to refer to a case we have read, add that in as well. Briefly describe the case, state how the court resolved the case, and indicate whether the client’s situation would come out the same or differently and why.

·         Furthermore, if you think it would be useful to refer to contract policies, also add a discussion of contract policies.

·         Then conclude with your view of the most likely conclusion a court would reach if it were to rule on the client’s situation.

Type your assignment double-spaced, with margins of at least one inch all around.  Number each page.  You may write up to 1,000 words.

This assignment is worth 15 points.  Most of the points will be based on the explanation portion; a smaller amount on the summary of facts and advice; and only a few on the heading, introductory paragraph, and conclusion.

Client’s Situation

Your client is Denise Schmidt, who is a professor of business at a university.  She is not a lawyer, but she is interested in knowing how the law works.   So when you write the letter to her, she is interested in having some detail about the legal rules and your reasoning—this is why you are writing more explanation than a client might normally want (such as references to cases and policies).  Her address is 123 West Ainslie Street, City of Metropolis, State of Mitchell 11111.

She recently bought a new home and has decided to hire an artist to paint a large painting for the living room of the home.  She wanted the painting to include certain scenes and images and had certain colors in mind.

She browsed the Internet and identified a painter, Edward Arents, who she thought would do a good job.  She looked at the paintings on his website and liked the style of his work.  The prices he charged were in the range she was willing to pay ($800-$1,000).  In particular she was impressed that he was a graduate of the Northwestern School of Art, where her grandmother had studied art many years ago.

Ms. Schmidt visited Mr. Arents’ studio in late August, where she and he talked about his work, his time in art school, and his process in creating a painting for her.  They talked about the size, images, and colors of the painting she wanted to have painted.  Mr. Arents indicated that he could easily accomplish what she wanted for $900, if she chose to hire him.  He did convey that his schedule was very crowded because he had agreed to teach a course starting in early September and would be leaving on an extended trip in January.  She decided that she liked his art and believed that he could paint what she desired for her living room. 

After the meeting, Ms. Schmidt mulled over whether to hire Mr. Arents.  After browsing again on the Internet, she called him to say that she did indeed want to hire him.

He sent her the following e-mail:

Good to hear from you, Denise.  Will do your painting, ifI have time.  Priceis $900.  [The e-mail then set out details about the size and scenes to be included.]  Please confirm.  Edward

Ms. Schmidt replied by e-mail:

We have a deal, Edward.  Looking forward to seeing your work!  Denise

After sending her e-mail, Ms. Schmidt learned from a reliable source that Mr. Arents is not, in fact, a graduate of the Northwestern School of Art.  Indeed he was never a student there at all.  She now feels that Mr. Arents is not trustworthy and is not someone she wants to pay $900 to paint a painting for her.  She wants to get out of the deal and believes that she should be able to because he lied to her.  Discuss whether her view is correct. 

Also discuss another reason she could try to argue that their deal is not enforceable.

Be sure to conclude in your letter whether you think either (or both) of these points is strong enough for her to back out of this deal.