OFFICE MEMORANDUM September 12, 2005
TO: All foreign and domestic summer interns
FROM: Executive Committee of Partners
RE: Pre-Counseling Letter Guidelines
Often members of the firm will be required to conduct a counseling session with a
client who is confronted with several significant and difficult choices. In such a
situation, you are advised to prepare and deliver to the client a Pre-Counseling Letter.
In addition to helping prepare the client for the counseling session, the letter will also
serve as an organizing aid for the lawyer conducting the session.
All pre-counseling letters shall use the following format:
1. State your understanding of the client’s goals.
2. Identify all courses of action the client can take or that may be taken against the
client.
3. For each course of action, identify the possible consequences or results, whether
legal, economic, or personal.
4. Be sure to explain the possible consequences or results, why they are possible,
and how likely they are to occur. Such will require a discussion of the
interrelationship of the law and facts. Remember that most pre-counseling
letters are written to lay clients. Although discussion of underlying law is
necessary, you must structure your discussion having in mind the client’s level of
sophistication.
5. Where a possible course of action, consequence, or result is unclear, identify
what additional information we need, why we need it, and how it can be
obtained.
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