MPT Template: How to Format an Opinion Letter

What You’ll Learn:

• Format & Structure of an Opinion Letter… with MPT Template
• Tips for Drafting an Opinion Letter
• Sample Sections of an Opinion 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 of the purpose of the letter.
4. Statement of Facts (only include when instructed) – A short statement of the relevant facts.
5. Body (Heading, Question, Short Answer, & Legal Analysis… for each issue) – For each issue include a heading, state the question or issue, provide a short answer to the question stating your opinion, and then perform the detailed legal analysis.
6. Conclusion – A short conclusion that gives an opinion or recommendation concerning the legal issues for the problem assigned.
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.

NOTE:  The content of an Opinion Letter is very similar to an Objective Memorandum, except in this case you will need to use a business letter format.

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.

Heading EXAMPLE:
[For the top formatting, use a typical business letter Heading format (e.g. sender contact info, recipient contact info, date, and subject line).]

July 28, 2015

Bryan Carr
6226 Lake Drive
Franklin City, FR 33244

Re: Credit Card Purchase Liabilities

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

Dear Bryan:

Introduction EXAMPLE:
[A short one-paragraph statement of the purpose of the letter.]

We spoke on July 24, 2015 regarding charges on your Acme Bank credit card made by your father, Henry, both with and without your authorization. You asked me to determine whether Acme Bank can hold you responsible for all of the charges your father made to your card. After reviewing the applicable law concerning unauthorized credit card charges, I have concluded that you will probably be responsible for paying the charges from March, April, and May (as discussed in more detail below). However, we will likely be able to establish that you are not responsible for all but $50 of the $1,200 your father charged to your card in June.

Body EXAMPLE:
[For each issue include a heading, state the question or issue, provide a short answer to the question stating your opinion, and then perform the detailed legal analysis.]

1)  Are you required to pay the $1,850 charged to your credit card in March? 

Yes, you will likely be responsible for the $1,850 your father charged to your Acme card in March. 

Under the Federal Truth in Lending Act, a cardholder can only be excused from a charge to the cardholder’s card if (1) the charge exceeds $50, and (2) is “unauthorized,” meaning that the person using the card has no authority from the cardholder to use the card. 15 U.S.C. §§ 1602(o), 1643(a)(1), (d).

Authority comes in a variety of flavors. Relevant to the March charges is what is called “actual authority.” A person, acting as an “agent,” has “actual authority” to take an act on behalf of another, serving as the “principal” over the “agent,” if the agent reasonably believes that the principal wants the agent to take that act. Restatement (Third) of Agency § 2.01. The Franklin Court of Appeal has explained that a principal creates “actual authority” for another to act in his place by expressing to the agent that you consent to the “particular transactions” in question. BAK Aviation Systems, Inc. (2007) (citing Restatement (Third) of Agency §3.01).

In other words, your father had “actual authority” to charge $1,850 to your Acme card in March because you specifically authorized your father to use your card to pay for those repairs and you set no limit on the amount you would pay towards those repairs (even though you thought they would only total $1,500). Because you told your father to use your card to pay “whatever it cost,” as you said to me on the phone last week, he could reasonably believe that you authorized him to pay the bill no matter the amount. Therefore, under the Federal Truth in Lending Act, the March charge was not “unauthorized,” as you told your father he could make it. For these reasons Acme will be able to hold you responsible for these charges.

Conclusion EXAMPLE:
[A short conclusion that gives an opinion or recommendation concerning the legal issues for the problem assigned.]

In summary, I believe that you will be able to claim protection under the Truth in Lending Act for the purchase of the power tools. You will be liable for the minimum amount of $50. However, you will not receive protection for the purchases made by your father at the bookstore, grocery store, or gas station, as he had authority (or at least apparent authority) to make those purchases. If you have any further questions, please feel free to contact me.

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,

Miles Anders