.

But I think anyone who likes to play with words should play with them on a computer. That's where they really dance. And when you've written 31,250 letters, as my earlier calculations indicate I may have written in my practice so far, a fourth of them before I started writing letters on computer in 1980, you really begin to appreciate the ability to cut and paste text from prior letters. So here are my tips for anyone still around willing to listen.
我还是认为那些喜欢玩弄文字游戏的人应该在电脑上来摆弄它们。电脑才是他们真正的用舞之地。如果您也已经撰写了31250封信函，我在我的律师执业生涯中撰写的信函也达到了这个数字（这个数字已经在上文中统计过），从1980年起我就开始使用电脑，其中近四份之一的信函是在电脑上完成的，所以我也和你一样，非常感谢电脑这种在原有信函基础上剪贴的能力。如果您还愿意继续听，我将把在运用电脑撰写信函中积累的一些小技巧奉献给您。

Write your own letters on a computer. If you have not yet joined the computer revolution, do it now. Get a computer for no other reason than writing letters. You will never again find yourself explaining to your client why the letter you dictated three days ago has not been mailed yet.
直接在电脑上撰写信函。如果您还没有加入到信息化革命中来，那赶快行动吧。不需要其他理由，只为撰写信函就值得买一台电脑。一旦拥有了电脑，您就会发现您再也不用向客户解释为什么三天前口述的信函还没有发出。

Get Microsoft Word or Corel WordPerfect. You will need good word processing software. The latest versions are Microsoft Word 2000 and Corel WordPerfect 2000. I have both, but I still use Wordperfect 5.1 for DOS for 99% of my work. My fingers know the special codes so well that it's faster for me to write in this older program. I can still convert the file format to any other one using one of the new 2000 programs which can read the old 5.1 files.
利用微软的word软件和Corel公司的WordPerfect软件。是的，您需要好的文字处理软件。他们最新的版本分别是word 2000和Corel WordPerfect 2000.虽然我有这两个新版本，但我还是用Dos版的Wordperfect 5.1来完成我近99%的工作。我的手指已经熟悉了那些特殊的编码，用起这些老版本软件就会得心应手。另外，这还因为我能将这个老版本软件的文件格式转化成其他2000新版软件所认可的文件格式。

Get voice recognition software if you cannot type. If you never learned to touch type, there is finally reliable software to do it for you. Voice recognition software allows you to dictate directly to your computer. The software is so good that WordPerfect 2000 is sold in a bundle with one brand. You can also purchase this software with an optional hand-held recorder so that you can dictate the old-fashioned way and then transfer it to your computer to transcribe. The two most-advertised brands of software are Dragon Naturally Speaking and L&H VoiceXpress.
如果不能打字，那就利用语音识别软件。如果您从未接触过打字，那也有适合您的软件为您服务。语音识别软件可以让您直接口述给电脑。这类软件是如此地好以致于WordPerfect 2000都和其中的一个名牌捆绑起来进行销售。你可以买一个语音识别软件外加一个手提式录音机，这样你可以按传统的方式录音，然后转录到电脑上。比较知名的两款语音识别软件是：Dragon Naturally Speaking 和 L&H VoiceXpress。

Set up a separate directory for each client. If you create a directory (folder) on your computer for every client, you can keep all letters, documents and work for that client in one easy-to-find place, just like your paper file folder. The client's last name can be used as the directory name. Thus, all letters, wills, contracts, spreadsheets, etc., for John Doe can be kept on your computer's directory named DOE.
为每个客户建立一个单独的文件夹。您可以在电脑上为每个客户建立一个单独的文件夹，这样就可以将该客户的信函、文档、工作记录全都放在该文件夹下，就像放在一个纸文件夹中一样，查找起来方便多了。另外，客户的名字可以命名为文件夹的名字，比如，将与某甲有关的信函、遗嘱、合同、电子表格等文档放入电脑中一个名为”甲”的文件夹中。

Keep all letters in one computer file. Just as you keep copies of all letters in a paper file folder, you should keep copies of all letters on your computer in the directory for that client. The easiest way to do this is not to start a separate computer file for each letter sent to someone. Instead you just add the new letter to the existing computer file containing other letters to that person. I find that it works best to add new letters at the top of old letters, rather than at the bottom. Then your computer file is like a paper folder since new letters are added at the top where you see them first. This is easy to do on your computer: you just start a new page at the top of the existing letter and write the new letter there.
将所有信函保存在电脑中的一个文件夹内。就像把信函的副本保存在一个纸文件夹中一样，您可以将信函的电子副本保存在电脑中专门为该客户建立的文件夹中。当然，这也不能简单地认为是为每个客户的每一封信建立一个单独的文件夹。如果电脑中已经存在为该客户保存信函的文件夹，将新撰写的信函放入该文件夹中即可。我发现最好是将新信函放在老信函的上面，而不是放在它们的下面。在纸文件夹中，为了让人一眼看到，新信函总是放在纸夹的最前面，所以在电脑中放置信函时，也要采用这个规则。其实，这在电脑中很容易做到：即在老信函的顶部新开一页开始撰写新信函。

Name letters to clients LETTERCL and name letters to non-clients with the recipient's last name. If you name the file with the recipient's last name, you can easily find the letter later when you want to read it on your computer without having to pull the file. For example, a letter to non-client Mary Smith would be given the computer file name SMITH. The only exception is that I name all letters to my clients LETTERCL rather than the client's last name because their computer directory is already named their last name. I also do this because it saves me time finding the file if the client is a corporation or there are multiple clients.
给客户的信函以LETTERCL命名，给非客户的信函以收信人的名字命名。如果信函的文件名是以收信人的名字来命名的，当您事后想看这封信时，不需要到处乱点，就能很快查找到它。举例来说，将电脑中一封给非客户玛丽.史密斯的信命名为史密斯文件。有一个例外，我给客户的信函不是客户的名字而是以LETTERCL来命名的，因为这些信函在电脑中存放的文件夹是以客户的名字来命名的。如果这样做，当客户是一个公司或是一个集团时，我就能很快地找到想要的文件。

Copy text from prior letters. More than half the letters you write are not first letters to a recipient, but are follow-up letters that either remind the recipient of pending work to be done or continue discussion of a matter previously opened. The other half have at least one thing in common: the letter's opening with the recipient's name and address and the closing with your name. There is no need to retype all of this text in your new letter. Using block and copy (cut and paste) commands you can easily copy the recipient's name and address and usable text from a prior letter into your new letter. You can then modify that text to fit the current message. I even have macros that do the repetitive stuff for me.
从先前的信函中拷贝内容。有一半以上的信函都不是第一次发给收信人的，因为随后还要不断地发信提醒收件人完成没有完成的工作或继续讨论某些以前讨论过的问题。在另一半的信函中，至少有一样东西是相同的：先前信函中收件人的名称、住址以及您的签名。所以，您起草新信函时就没有必要再将这些内容重新打一次，使用剪切和复制命令就能将收信人的名称和地址及其他有用的信息从原信函上拷贝到新信函上。当然，您可以修改这些拷贝来的内容，让它们与正在编辑的信函保持一致。嘿嘿，我其实还有更好的软件macros来完成这些重复性的工作。

Print the envelope from the letter. Before we had a computer, we had a lot of errors in typing envelopes and mailing labels. Then when a client called to tell us the error, we would look at the letter and tell them we sent it to the correct address, only to be told that the envelope had a different address. This can easily be avoided by using the envelope printing features of word processing software, which takes the address right off the letter so that you know the letter and envelope will have the same address.
打印好信函所需的信封。在没有电脑之前，我们在打印信封和邮寄标志时常常会犯很多错误，于是客户就打电话来告诉我们这些错误，我们看了看信函，说我们是按正确地址寄出的，那客户就会反问我们，那信封上为什么是不同的地址呢。现在我们使用文字处理软件中的信封打印功能，就能保证该地址是正确的，因为有了软件，我们就知道信函上的地址和信封上的地址是一样的。

Back up as you write. As wonderful as computers are, they are still powered by electricity, and when it goes off, the words disappear from the screen and if they have not been saved they disappear forever. The first time you lose an hour of work you get a backup device of some type. The second time you lose an hour of work you actually start to use the backup device. My recommendation for backing up is this:

Hit the save button frequently while writing the letter.
If the letter is long, print hard copies of the letter frequently while writing it.
Copy all your work to a backup device at the end of every day.
备份您所撰写的东西。电脑有它的神奇之处，但它也需要电，如果断电，文字就会从屏幕上消失，如果它们没有被保存，那些文字就永远消失了。如果您第一次丢失了一个小时的工作量，就应该买一个如磁盘之类的存储设备，如果第二次又丢失了一个小时的工作量，那就应该开始使用这个存储设备，我对备份的建议是：
起草信函的过程中要经常按"保存"键。
如果信函很长，在撰写过程中要经常打印几个副本来备份。
在每个工作日结束的时候将您的工作成果备份到存储设备中。

Conclusion
结束语

Letters serve many purposes: advising clients, seeking compliance, sending documents, obtaining information. All letters benefit from clear writing and simple organization. Lawyers who write direct and concise letters to nonlawyers are more likely to achieve successful results.

Writing letters is no different from other lawyering skills. The demand letter that the recipient cannot understand is no more effective than a shouting match. If you want a shouting match, then by all means write long letters with big words that no one understands. But if compliance is what you really want, then writing a letter that the recipient understands is really the order of the day.
撰写信函有很多目的：给客户提供建议，寻求妥协，发送文件，获取信息。所以信函都应该清晰明了，简单有序。作为律师，只有撰写出精简直接的针对非专业人士的律师函才有可能达到良好的效果。
书写信函其实和其他律师技能没有什么两样。收信人如果不能理解，那这样的正式请求书也无疑是浪费笔墨。如果您想浪费口舌，那就在信函中说一大堆让人难以理解的废话吧。如果您真是想妥协，那就写一封让收信人能够理解的信函吧。

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译者注：附录部分未译成文，有兴趣的朋友可以自己翻译，有问题，可以来信一起讨论：lawdoor@163.net

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附录一：SAMPLE CONTRACT ADVICE LETTER
? Copyright 1999 by James W. Martin All rights reserved.
St. Petersburg, Florida

Note: This article is for background purposes only and is not intended as legal advice

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[Letterhead]

[Date_________]

CONFIDENTIAL ATTORNEY-CLIENT COMMUNICATION
DO NOT COPY OR DISCLOSE TO ANYONE ELSE
[Client_________]
[Address_________]

Re: [Client/Matter_________]

Dear _________:

Enclosed are copies of the following that I received yesterday:

Letter from [Name_________] dated _________

Draft of [Title_________] Contract

Schedule A to Contract

Schedule B to Contract

The following are my comments concerning these documents:

Read the Documents. I strongly advise that you read each of these documents. I have read them, and this letter sets forth my thoughts, but you may think of other questions when you read them. You have special knowledge about your business that I do not have, and your special knowledge may lead you to see potential problems in these documents that I could not see. So, please read these documents, jot down questions while you read them, and then call me to discuss them.

Term. The Term seems to me to be rather short. Perhaps the Term should be longer.

Price. The Price is not clearly defined. The Contract refers to unit price but does not define what is a unit.

[Etc.]

Please call me after you read this letter and its enclosures.

Very truly yours,

[Lawyer _________]

Enclosures

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附录二：SAMPLE CONTRACT NEGOTIATION LETTER

? Copyright 1999 by James W. Martin All rights reserved.
St. Petersburg, Florida

Note: This article is for background purposes only and is not intended as legal advice.

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[Letterhead]

[Date_________]

[Name_________]

[Address_________]

Re: [Client/Matter_________]

Dear _________:

This confirms that I received your [Date_________] letter and its enclosed draft of the [Title_________] Contract. I have read the draft, discussed it with my client [Client_________], and have the following initial comments that we will need to resolve before we can move ahead with negotiating the finer points of the Contract:

Term. The Term would need to be at least _________ years before my client could seriously consider entering into the Contract.

Unit Price. The Unit Price would need to be at least $_________ before my client could consider the Contract financially feasible.

Controlling Law. My client does business only in the State of Florida and does not desire to engage a lawyer in [State_________], so the Contract will need to provide that Florida law controls.

Publicity. My client requests that the last sentence of paragraph 3 on page 2 of the Contract be changed to read as follows: _________.

Please discuss these points with your client and let me know if your client is willing to pursue negotiation of a Contract along these lines.
Very truly yours,
[Lawyer _________]

cc: [Client_________]

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附录三：SAMPLE COVER LETTER

? Copyright 1999 by James W. Martin All rights reserved.
St. Petersburg, Florida

Note: This article is for background purposes only and is not intended as legal advice.

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[Letterhead]

[Date_________]

CONFIDENTIAL ATTORNEY-CLIENT COMMUNICATION
[Client_________]
[Address_________]

Re: Estate Plan

Dear Mr. and Mrs. _________:

Enclosed are drafts of the following documents per my meeting with you on [Date_________]:
Mr. _________:

_________ TRUST with Schedules A and B
Last Will and Testament
Certificate of Trust Provisions
Transfer of Tangible Personal Property to Trust
General Durable Power of Attorney
Living Will
Designation of Health Care Surrogate
Declaration of Preneed Guardian
Declaration of Preneed Guardian for Minor
Asset Transfer List
Account Transfer Letter
Securities Transfer Letter
Mrs. _________:

_________ TRUST with Schedules A and B
Last Will and Testament
Certificate of Trust Provisions
Transfer of Tangible Personal Property to Trust
General Durable Power of Attorney
Living Will
Designation of Health Care Surrogate
Declaration of Preneed Guardian
Declaration of Preneed Guardian for Minor
Asset Transfer List
Account Transfer Letter
Securities Transfer Letter
Both:

Tenancy by the Entirety Agreement

Please read these drafts carefully and call me when you are ready to discuss or sign them in my office. Please consider the following:

Joint Representation. I am representing both of you in preparing the above documents. If a controversy ever develops between the two of you concerning these documents, I would not be able to represent either of you in that controversy.

No Other Children. The documents were drafted with the understanding that only your children _________ and _________ are to be beneficiaries because you do not plan to have any more children naturally or by adoption.

Florida Residency. The enclosed documents are specifically for Florida residents. If you ever move out of Florida, I advise that you see a lawyer in that state and make new wills and related documents because all fifty states' laws differ. For example, Vermont and Louisiana require more than two witnesses for a will to be valid, so the enclosed wills might not be valid if you reside in Vermont or Louisiana at the time of your death.

No Unified Credit Trusts. You could take advantage of the unified credit for estate and gift taxes in a number of ways. This credit allows passing $_________ (increasing to $1,000,000 by 2006) in assets by each of you without estate or gift taxes. However, at the present time, you have decided not to create any trusts that would take advantage of the unified credit.

Tenancy by the Entirety. You plan to hold some of your assets in your joint names as tenants by the entirety. Florida recognizes this for both real property and personal property, but it is important that you designate this on your title

documents as follows:
_________ AND _________, HUSBAND AND WIFE, AS TENANTS BY THE ENTIRETY

Car Titles and Insurance. I advised that each of your cars be owned only by the principal driver. Florida's dangerous instrumentality doctrine holds all owners liable along with the driver. I also advised that you carry an umbrella liability insurance policy with coverage limit of One Million Dollars or more. You should also carry uninsured motorist coverage in this amount (it would pay you if you were injured by an uninsured motorist). All of these ideas are intended to reduce the possibility of your losing your estate through unexpected claims.

FDIC Limits. We discussed the importance of your continuing not to place more than $100,000 in any bank since you should not count on the FDIC protecting more than this amount no matter how the accounts are titled.

Prior Wills. When you come in to sign the final documents, please bring in your prior wills so that they can be torn up AFTER the new ones are signed.

Scope of Representation. The scope of my representation does not include advice or services regarding the following: accounting, tax, financial, business, management, and related non-legal matters and advice (I advise that you engage a CPA, tax attorney or business consultant to advise you regarding these matters); title searches, surveys, inspections and other non-legal work relating to real estate (I advise that you engage a title insurance company, abstractor, surveyor or other licensed professional to provide you these services); securities, labor and other legal matters not handled by this firm (I advise that you engage a lawyer who specializes in these matters if you need such advice). I would be happy to refer you to others who may provide you these services.

Legal Fees. Fees for estate planning are based on the amount of time spent, the complexity and skill required, and similar factors, at hourly rates of $_________ for myself and $_________ for my paralegal. You will also pay for such costs as copies, postage, long distance, fax, recording, FedEx, courier, etc. I gave you my Resume at the initial conference, and it explains how I bill for services. If you have any questions, please do not hesitate to call.

Florida Wills, Trusts & Probate Questions and Answers. I gave you a copy of this article before the initial conference. If you have any questions about these concepts, please ask them now.

I appreciate your trust and confidence in asking me to assist you. I will endeavor to do my best for you at all times. Please call me after you review the enclosed documents. Thank you.
Very truly yours,
[Lawyer _________]

Enclosures

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附录四：SAMPLE DEMAND LETTER

? Copyright 1999 by James W. Martin All rights reserved.
St. Petersburg, Florida

Note: This article is for background purposes only and is not intended as legal advice.

-------------------------------------------------------------------------------

[Letterhead]

[Date_________]

[Name_________]
[Address_________]

By fax to [Fax #_________]; phone [Phone #_________]
And by FedEx Priority Overnight
And by email to [Email address _________]
And by U.S. Registered Mail Return Receipt Requested

Re: Client

Dear _________:

This office represents [Client_________]. It has come to our attention that you are building and operating stores having trade dress confusingly similar to the stores of our client. You have copied the following elements of our client's trade dress, among others: _________.

This letter is formal notice that your use is an infringement of our client's trade dress rights under Section 43(a) of the Lanham Act, 15 U.S.C. ?125(a). Two Pesos, Inc. v. Taco Cabana, Inc., 60 U.S.L.W. 4762 (1992 WL 141119 (U.S.)). Our client also claims copyright in its store design, which copyright you have also infringed. We have reason to believe that your infringement is intentional and deliberate and that you are attempting to copy our client's business by copying its trade dress and store design.

Our client hereby demands that you immediately do the following:
Cease and desist building and operating stores having trade dress similar to [Client_________] stores;Cease and desist any and all other violations of the Lanham Act and the copyright laws; and
Remove and destroy all elements of our client's trade dress and store design from your stores.

If you fail to comply with this demand, our client may seek relief in court for an injunction and damages. Judicial relief includes, but is not limited to: destruction of the infringing articles under 15 U.S.C. ?118; treble damages, your profits, any damages sustained by our client, court costs and attorneys fees under 15 U.S.C. ?117; injunction under 15 U.S.C. ?116;
injunction and damages under the copyright laws. Our clients reserves all rights it may have. Our client neither waives nor abandons its right by sending you this demand letter prior to filing suit.

Please confirm in writing to this office that you will comply with this letter within one week of its receipt.
Very truly yours,
[Lawyer _________]

cc: [Client_________]

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附录五：SAMPLE ENGAGEMENT LETTER

? Copyright 1999 by James W. Martin All rights reserved.
St. Petersburg, Florida

Note: This article is for background purposes only and is not intended as legal advice.

-------------------------------------------------------------------------------

[Letterhead]

[Date_________]

CONFIDENTIAL ATTORNEY-CLIENT COMMUNICATION
[New client's name_________]
[Address_________]

Re: Legal Representation

Dear _________:

This will confirm that you have retained me to represent your interest in connection with _________.

The scope of representation is as follows: _________.

You are going to furnish me copies of the following documents before I start working: _________.

I will begin work as soon as I receive a fee retainer of $_________ from you. The retainer will be deposited to my trust account and will be applied toward fees and costs as earned and incurred. As that retainer is used up, additional retainers will be billed to continue the work.

Fees are based on the amount of time spent at hourly rates of $_________ for me and $_________ for my paralegal. You will also pay for such costs as copies, postage, fax, long distance, recording, FedEx, courier, etc. Enclosed is my resume, which I gave you at the initial conference and which explains how I bill for my services. If you have any questions, please do not hesitate to call.

The range of fees for this work will vary with the amount of time it takes. I estimate that fees will be a minimum of $_________. [optional: It is not possible at this time to estimate how much more they may be, but I should know more once the suit is filed and the defendant is served and responds.]

Please note that the scope of my representation does not include advice or services regarding the following: accounting, tax, financial, business, management, and related non-legal matters and advice (I advise that you engage a CPA, tax attorney or business consultant to advise you regarding these matters); title searches, surveys, inspections and other non-legal work relating to real estate (I advise that you engage a title insurance company, abstractor, surveyor or other licensed professional to provide you these services); securities, labor, and other legal matters not handled by this firm (I advise that you engage a lawyer who specializes in these matters if you need such advice). I would be happy to refer you to others who may provide you these services.

I appreciate your trust and confidence in asking me to assist you. I will endeavor to do my best for you at all times.

Very truly yours,
[Lawyer_________]

Enclosures

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附录六：Sample Fax Letter

[Letterhead]

NOTICE: This is privileged and confidential and intended only for the person named below. If you are not that person, then any use, dissemination, distribution or copying of this is strictly prohibited, and you are requested to notify us immediately by calling or faxing us collect at the numbers above.

No. of Pages _________

Date Sent _________________________ Time Sent _______________ Person Who Conf'd Receipt _________

[Date_________]

[Client_________]
[Address_________]

Re: [Client/Matter_________]

Dear _________:

[Body_________]
Very truly yours,
[Lawyer _________]

cc: [Client_________]

原作者：James Martin（胡清平译）
来 源：法律英语学习网