You
will be graded on clarity of expression and on understanding of the task
assigned. I expect a critical analysis of the legal issues and expect you to
use legal terminology which is clear to your superior, who is not an attorney.
Your business memo should be a single typed page (500 words maximum):
You
work in the accounting department of the Walter Accounting Firm (“the Firm”). Your
superior, Robert Walter, has given you an assignment to find out from the legal
department how to deal with a legal matter regarding a former client, Jay Lemon.
After you consult with the legal department, you are to draft a business
memorandum addressed to your superior, Robert Walter, explaining the
information and the options given to you by the legal department. Your superior
also tells you that Ms. Lemon’s case is not unique and that she is just one of
many clients who pose an identical or similar problem for the Firm.
Your superior informs you that the former
client, Jay Lemon, entered a written and signed contract with the Firm on January
1, 2021 under which Ms. Lemon agreed to pay the Firm. $10,000 for accounting
services. The accounting services that Ms. Lemon contracted for were completed
on March 1, 2021. Nevertheless, Ms. Lemon has informed the Firm that, in her
opinion, the accountant that handled her account did not do a good job. As a result, she does not feel that she
should pay the Firm the $10,000 as per the contract terms. She has been calling
the office to argue about this matter for the past three weeks. Now, she claims
that she is willing to send a check for $5000 (the amount that she
thinks the services were worth) as full payment for the accounting services.
INSTRUCTIONS
In
the memorandum to your superior, Mr. Walter, tell him in your opening sentence
why you are writing this memo and the main point(s). Then, specifically discuss
and explain the issues giving the legal reasons as to:
(1)
whether the original contract terms are enforceable against Ms. Lemon and
(2)
from the perspective of the Firm, consider the circumstances if she sends the $5000
and the Firm opts to accept or not to accept that payment, and then
(3)
explain in a separate paragraph what
this means to your Firm on a practical level.
Consider
what policy you should draft/set for the Firm, so that similar/identical issues
can be handled in the future without the need to involve the Legal Department