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An MPT task memo asks you to draft an objective memorandum to a supervising attorney analyzing whether a daycare center may be liable for negligent hiring after an employee injured a child. The File contains an incident report, a prior complaint about the employee, a clean background check, and an email from the director admitting that she did not call the employee's prior employer. The Library contains a statute and two cases, one finding liability after ignored warning signs and one rejecting liability after a reasonable screening process.
A student plans to write a persuasive brief urging that the daycare "obviously should be held liable" and to omit the clean background check because it weakens the client's position. The student also plans to include a long emotional introduction about protecting children.
What should the student do instead? Discuss the purpose of an objective memorandum, appropriate tone, use of favorable and unfavorable facts, and organization around the assigned legal questions.