4.8: Introduction to Legal Correspondence

Legal correspondence is perhaps the most common type of document you will draft as a paralegal. It is also the type of document that presents the highest potential for violations of the Model Rules of Professional Conduct and prohibitions against unauthorized practice of law (UPL). Thus, it is critical to be mindful of the purpose, intended reader, and content to ensure the correspondence is signed by the correct person. Understanding the expected components of legal correspondence is also an important part of making sure the communication effectively serves its intended purpose.

Formatting Components of Legal Correspondence

Regardless of the purpose, recipient, and person signing it, legal correspondence should contain the components discussed below.

Official Letterhead: This is the name, address, and other contact information for the law office or attorney sending the letter. Most law offices have letterhead templates that should be used.

Date: The date appears below the letterhead and should be the date on which the correspondence is transmitted to the recipient, whether by U.S. Mail, facsimile, or hand delivery. Because the date may establish when the recipient had legal notice of a particular event or the contents accompanying the correspondence, accuracy is critical. Backdating (putting an earlier date on the correspondence than the actual date on which it was delivered to the post office, for example) is unethical. If U.S. Mail is being used, the date of the correspondence should match the date stamped on the official postmark on the outside of the envelope. Thus, when dating correspondence, you must be aware of the time the post office closes and dates on which it is closed (for example, Sundays and Federal holidays).

Address Block: This part of the letter indicates to whom the original letter is being sent, who is also sometimes referred to as the primary recipient. The address should include:

• the person’s legal first and last name. It is extremely important to double-check the proper spelling of the person’s name! This is not only a matter of courtesy, respect, and professionalism, but is also vital to avoiding a breach of confidentiality resulting from the wrong name being placed on the envelope.
• if applicable, the person’s appropriate suffix (Jr., Sr., I, II, III, etc.).
• professional title or abbreviation, if applicable. When using professional titles or abbreviations, use them either before or after the person’s name, but not both (for example, Dr. Yuri Zhivago or Yuri Zhivago, M.D., but not Dr. Yuri Zhivago, M.D.). As with the spelling of the person’s name, double-check the proper professional abbreviation/title.
• if you are writing to the person as an employee or representative of a business, include the person’s job title and the name of the business.
• mailing address and/or post office box number. Again, it is crucial to ensure the accuracy of street numbers, post office box numbers, and zip codes. Confirm that you have correctly spelled street names and used accurate suffixes or types (st., blvd., ln., ter., cir., etc.)! Inaccurate mailing addresses also can result in a breach of confidentiality.

Delivery Method: If the correspondence is being sent by regular U.S. Mail, do not indicate any delivery method. All other delivery methods (certified mail, registered mail, facsimile, hand delivery, FedEx) should be noted either above the address block or flush right on the same line as the recipient’s name.

Reference (or RE:) Line: The purpose of this component is to inform the recipient about the matter discussed in the correspondence. Typically, it includes a brief description of the topic (for example, Personal injury claim), as well as any other identifying information that will help the recipient quickly place the correspondence in context (for example, date of injury, court case name, and docket number, the recipient's file number or claim number, or other helpful information; many law offices also include their internal file number).

Greeting Line (or Salutation): This is the greeting to the primary recipient. Because legal correspondence is a professional means of communication, usually you will use the following format: “Dear [professional title, if applicable] [first name] [last name]” and a colon (:) is used at the end of the greeting line. Unless the recipient has specifically identified him/herself as “Mr., Mrs., Ms., or Miss” it is generally best to avoid using these titles in front of the recipient’s first name.

Opening: The first few sentences of the correspondence should place the correspondence in context for the recipient. Although the content of the opening will vary depending on the purpose of the correspondence, it should always be written professionally and communicate context effectively. For example, it may refer to a previous meeting, transaction, or other communication. Avoid stereotypical statements such as, “I am writing because …”, “This letter is in response to …”, “Enclosed please find …” When writing to someone other than the client, start by identifying the law office’s or the attorney’s relationship to the client (for example, “[Client name] has retained our law firm to pursue damages for personal injuries suffered on [date of the accident].”

Body: This is where the purpose of the correspondence is stated clearly, concisely, accurately, and completely. Include all of the information the recipient needs to be able to understand the correspondence and to comply with any requested action. Make sure requested actions are specific and include instructions and a reasonable deadline for completion, if applicable. Use correct spelling, grammar, and punctuation; avoid slang, informal language, or inflammatory language. When writing to someone other than the client, take care to remove privileged or confidential information or information that might be harmful to the client’s legal matter.

Closing: The final paragraph should professionally thank the recipient and, if appropriate, invite further communication. As with the opening, the content of the closing will vary depending on the purpose of the correspondence. Here are some examples of typical closings:

• Thank you for your consideration. If you require further information regarding this matter, please contact Attorney [Attorney name].
• Thank you for your prompt attention to this matter.
• If you have any questions or concerns regarding this matter, please contact me or Attorney [Attorney name].

Signature Block: This part of the letter identifies the name, title, and business affiliation of the person signing the letter. The appearance of the signature block is usually dictated by the law office, and typically contains the following components:

• “Sincerely,” or “Very Truly Yours” or some other professional closing line
• If applicable, the business name of the law office/attorney
• A line for the person’s signature
• The signor’s name and job title (for example, Walter Raleigh, J.D.; Denny Crane, Attorney at Law; Jerry Espenson, Esq.). If the signor is a non-attorney, the job title is required (Vicki Voisin, Paralegal).

Enclosure Notation: If you are sending additional documents with the correspondence, a line that states, “Enclosure” or “Enc” should be included. Some attorneys also like to include a brief description of the enclosures.

“Copy Fields”: If someone other than the primary recipient is receiving copies of the correspondence and/or its enclosures, this is indicated with cc (courtesy copy) or bcc (blind courtesy copy). When and how these fields should be used is discussed below.

Signatory/Writer/Typist Notations: Although the use of these notations is becoming less common, some attorneys prefer to include them. These notations identify who drafted the correspondence and who typed it.

Here is an example letter with these components labeled.

Figure \(\PageIndex{1}\): Example letter

The above example uses “modified block” formatting. Some attorneys prefer to use “full block” formatting, where each line after the letterhead starts at the left margin, including the date and delivery method. Some law offices want to have the letterhead (or a shortened version of it) repeated at the top of each subsequent page, in addition to having page numbers at the bottom of pages 2 and following pages. Make sure you follow all of your supervising attorney’s requirements for letter formatting and basic content.

Preparing to Draft Legal Correspondence

Before you write any type of correspondence, you should take the following steps:

• Make sure to use the law office’s current official letterhead
• Find out whether the law office has letter templates or samples to use
• Verify who will receive the original
• Take note of whether you need to enclose anything with the correspondence
• Carefully review the client file/legal matter and all instructions provided by your supervising attorney; make sure you understand exactly what the attorney wants you to do.
• Ascertain the purpose of the letter (provide or request information, confirm information or transactions, give an opinion, demand action, or accept/reject/terminate a client)
• Determine whether you can ethically sign the letter, or whether the attorney must sign it

Ethics Watch

Remember, any document you draft – including correspondence – that contains or does any of the following must be signed by the attorney:

• Establishing, creating, or explaining the details of an attorney-client relationship
• Declining to establish an attorney-client relationship
• Setting legal fees
• Providing legal advice or opinions (see Chapter 2.6 to review what might constitute legal advice)
• Directing or suggesting actions the reader should or should not take
• Terminating an attorney-client relationship

Knowing all of these things before you begin drafting reduces the likelihood that major corrections will be necessary, allowing you to complete the writing assignment more efficiently.