CALVETTI, LAWRENCE & MASTERSON
Attorneys at Law
84 Richmond Avenue, Suite 1300
Lafayette, Franklin 33526
MEMORANDUM
To: Examinee
From: David Lawrence
February 23, 2016
Workers’ Compensation Claim
Date:
Re:
Our client Nicole Anderson seeks legal advice regarding a workers’ compensation claim that is
being filed against her by Rick Greer, a handyman hired by Anderson to perform general
maintenance and repair work for her residential rental properties. Greer was injured while painting
the exterior of one of Anderson’s rental houses.
Under the Franklin Workers’ Compensation Act, codified in the Franklin Labor Code 200 et
seq., employers are required to maintain insurance coverage for employees who may sustain
injuries arising out of and in the course of their employment. When employees are injured on the
job, they can submit workers’ compensation claims and be paid for their lost wages during the
period in which their injuries prevent them from returning to work, as well as their medical costs.
Workers’ compensation applies only to employees; it does not apply to independent contractors.
Anderson did not maintain workers’ compensation insurance coverage because she did not believe
she was required to insure Greer against injury. If Greer is found to be Anderson’s employee,
Anderson could face substantial personal liability as well as penalties under the Workers’
Compensation Act for failing to provide this coverage.
Please draft a memorandum to me in which you analyze whether Greer would be considered an
employee of Anderson under the applicable statutory provisions and case law. Do not include a
separate statement of facts, but be sure to incorporate the relevant facts, analyze the applicable
legal authorities, and explain how the facts and law affect your analysis and conclusion. Be sure to address any defenses, as they may be helpful to our client. Please limit to 5 pages in length, double-spaced, 12-point font with one-inch margins so that I can easily review your memo before my scheduled call with our client that afternoon.
***FOLLOW TEMPLATE AS ATTACHED AS EXACTLY AS IT SHOWS***
TA IS A HARSH GRADER . thank you.
***The how to submit an office memo, follow the slideshow attached to help ensure everything is included in office memo***
(Header or CaptionIssue (I)Short AnswerStatement of FactsAnalysis or Discussion (R and A)Conclusion (C) ) **please follow this exact format ***
ISSUE(S) OR QUESTION(S) PRESENTED-This focuses readers attention on what will be answered throughout the memo.
SHORT ANSWERSThis also focuses the reader to following along your analysis; similar to court holdingLaw + Fact + (brief) ReasonOR Fact + Law + (brief) ReasonEach issue presented should have a short answer, even if uncertainOffice memos are objective, so uncertainty is acceptableA. Moreno is an unauthorized liquor seller as he lacks required credentials.B. Moreno is probably liable for damages to car-owner due to reasonable foresight
STATEMENT OF FACTS ***NECESSARY: Legally Relevant Facts- pertain directly to elements in legal rules that you need for deductive reasoning, reasoning by example, or policy analysis in discussion NECESSARY: Background Facts- facts readers needs to make sense of clients situation; these are needed to create a coherent narrative and explain how client came to law firm requiring assistance
unnecessary: Residual Facts- none of the above; just cluttering and distracting
ANALYSIS OR DISCUSSION- Introduction to the issue. Guide reader with a brief roadmap of your discussion section.- Prepare headers and subheaders to continue to guide reader.-Under each header, state the issue, followed by the guiding rule/case support, apply your facts to the rules and/or case support (can use deductive reasoning, reasoning by example looking at your cases, policy arguments), come to clear conclusions for each issue. Try to follow IRAC format as much as possible, but know that it will not be perfectly structured.- Pro-tip: Look at our cases to help you determine your road map. See how the judges structure their discussion. Try to follow their lead to the extent it is helpful/relevant to your issue.
CONCLUSION/CLOSINGProvides closure and prompts reader to make same judgement as author on the topics as the authorGive advice on how law firm and client should proceed Discuss the potential options and their likely outcomes: settling, mediation, filing lawsuit, filing in federal court, filing in state court, contact a specialist, etc.Format:Conventional paragraph beginning with restatement of answers to issues (legal conclusion) then advice on how to proceed
***please leave out unnecessary info that does not directly pertain to the case, or help the client***
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