MPT Template: How to Format a Persuasive / Demand Letter

What You’ll Learn:

• Structure of a Persuasive Letter
• Structure of a Demand Letter
• Format of a Persuasive / Demand Letter… with MPT Template
• Tips for Drafting Persuasive & Demand Letters
• Sample Sections of a Persuasive / Demand Letter MPT Assignment

1. Heading (only include when instructed) – For the top formatting, use a typical business letter Heading format (e.g. sender contact info, recipient contact info, date, and subject line).
2. Salutation – The greeting with the recipient’s name (e.g. Dear Ms. Smith).
3. Introduction – A short one-paragraph statement indicating (i) that the lawyer represents the client in the present matter, and (ii) the purpose of the letter.
4. Statement of Facts (only include when instructed) – A short persuasive statement of facts.
5. Body (with headings) – A thorough legal analysis of the bases for the client’s claims (in a persuasive tone with headings for each issue and sub-issue).
6. Conclusion, plus a Specific Request – A short conclusion of your argument, plus the specific request.
7. Signature Block – For the bottom formatting, use a typical business letter Signature Block format: (i) a closing (e.g. “Sincerely” or “Very truly yours”), and (ii) the sender’s name.

This demand should be included in the Conclusion paragraph.

Unless otherwise instructed, the demand paragraph should include:

• A specific settlement demand or amount (instructions are usually provided for how derive at an amount or you will be told to leave it blank);
• A deadline by which the other party must comply (usually one or two weeks); and
• The consequences for failing to comply by the deadline, including the risks of litigation for the opposing party.⁴⁵

NOTE:  Remember to ALWAYS follow the Task Memorandum & Drafting Instructions and carefully check what sections to include or omit.  The bar examiners could change a typical MPT format at their discretion, so be careful not to make any assumptions.

July 31, 2014

Mr. Steven Glenn
Vice President, Human Resources
Signs Inc.

Re: Linda Duram FMLA Matter

Salutation EXAMPLE:
[The greeting with the recipient’s name (e.g. Dear Ms. Smith).]

Dear Mr. Glenn:

Introduction EXAMPLE:
[A short one-paragraph statement indicating (i) that the lawyer represents the client in the present matter, and (ii) the purpose of the letter.]

Our office has been retained by Ms. Linda Duram, on whose behalf I write to you today. I am writing to request that Signs Inc. reverse its decision denying Ms. Duram leave under the Family and Medical Leave Act (“FMLA”) and retract its decision to place Ms. Duram on probation and the threat of termination. I am confident that this letter will persuade you that Ms. Duram was entitled to FMLA leave because her grandmother qualifies as a parent with a serious medical condition, Ms. Duram actually cared for her during the 5-day trip, and she provided the requisite notice to Signs Inc.

Statement of Facts EXAMPLE:
[A short persuasive statement of facts.]

Congress enacted the FMLA in order to balance the demands of the workplace with the needs of families by creating a right for employees to take unpaid leave to care for a parent who has a serious health condition. Ms. Duram is a full-time employee at Signs. Inc. thereby making her a covered employee under the FMLA. As you know, Ms. Duram requested leave on July 7, 2014 in order to care for her grandmother while traveling to her sister’s funeral. Ms. Duram notified you immediately upon learning that she would require a 5-day leave, which was necessary because Ms. Duram cares for her grandmother who is too ill to care for herself. Ms. Duram had no choice but to take the 5-day leave despite Signs Inc.’s improper denial on July 7, 2014.

Body EXAMPLE:
[A thorough legal analysis of the bases for the client’s claims (in a persuasive tone with headings for each issue and sub-issue).]

1. The FMLA applies as Ms. Duram’s grandmother stood “in loco parentis”

The FMLA applies to Ms. Duram’s grandmother in this situation because her grandmother stood in loco parentis to Ms. Duram. (29 U.S.C. § 2611). Although the FMLA does not define the term “in loco parentis,” pursuant to the laws of the State of Franklin, the term refers to a person who holds himself out as a lawful parent by assuming typical parental obligations with respect to the child, but does not formalize the relationship through legal proceedings such as adoption or custody. Carson v. Houser Manufacturing, Inc. (15th Cir. 2013). In determining whether someone stands in loco parentis, the court may consider the child’s age, degree of dependence, or the amount of support provided to her. For example, in Phillips v. Franklin City Park District (Fr. Ct. App. 2006), the court found that a grandfather stood in loco parentis to his grandson for whom the grandfather had provided a home from the age of four as well as financial support, attending school conferences and the like. This was sufficient even though the grandson’s mother was alive and did not relinquish her parental rights.

At the outset, the situation at bar is unlike the case of Carson v. Houser Manufacturing, Inc. where the grandson never lived with the grandfather and the grandfather’s support amounted to merely that of a typical grandparent – attending graduation and providing moral support and financial support during college.

Here, Ms. Duram’s grandmother, Emma Batson, along with her husband, raised Ms. Duram and her brother since the age of six due to their parents’ substance abuse problem. Ms. Duram’s parents were in and out of jail and rehab during which time she and her brother lived with the Batsons. When Ms. Duram’s parents were present, they lived with Ms. Duram and her brother in the Batson’s home and the Batsons were the primary caregivers. The Batsons provided Ms. Duram with food, clothing, shelter, drove her to doctor appointments, helped her with her homework after school, attended after school activities, and loaned her money for a car to travel to and from college. Emma Batson was more than a grandmother; she took on the role of a mother and therefore qualifies as a parent even though she not did formalize the relationship through adoption of custody proceedings.

Therefore, Emma Batson is Ms. Duram’s “Parent” for purposes of the FMLA.

Conclusion, plus a Specific Request (for a Persuasive Letter) EXAMPLE:
[For a general Persuasive Letter, include a short conclusion of your argument, plus the specific request.]

In light of the foregoing, we respectfully request that Signs Inc. immediately reverse its decision denying Ms. Duram FMLA leave and retract its decision to place Ms. Duram on probation with the threat of termination.

Conclusion, plus a Settlement Demand (for a Demand Letter) EXAMPLE:
[For Demand Letters, include a short conclusion of your argument, plus a settlement demand.]

As discussed above, your client faces significant liability. As such, we hereby demand that Mr. Trapp pay $50,000 in damages no later than March 1, 2016. If Mr. Trapp fails to comply with this demand by such date, Ms. Miller is prepared to exercise all legal remedies available to her, including litigation against Mr. Trapp.

Signature Block EXAMPLE:
[For the bottom formatting, use a typical business letter Signature Block format: (i) a closing (e.g. “Sincerely” or “Very truly yours”), and (ii) the sender’s name.]

Sincerely,

Henry Fines