M E M OR AN DU M TO: Law Clerk [THAT'S YOU!] FROM: Kamini Steinberg Simpson v. Dr. Jason Arlington Office File No.23-12276 Court File No. 23-CV- 123456 All the case details can be found in the Memo provided to you with respect to the preparation of the Affidavit of Documents in this Matter. Following the exchange of Affidavits of Documents in this matter, the parties engaged in examinations for discovery. I strongly believe in our case, and believe we have an 80% chance of success. However, in recognizing the inherent risk in litigation, the client has instructed us to prepare an offer to settle. The client's instructions are as follows: 1. With respect to our financial claims: for each one, offer a reduction in each of our claims proportionate to our perceived chance of success [e.g., Offer to settle for 80% of our claim]. This should be done with a specific value; we don't want to 2. Our client is willing to settle for legal fees on a partial indemnity basis at 45%. Our legal fees are currently 11,000 plus HST and disbursements of $1,275.48. Our client wants our disbursements to be paid in full, and to be a separate line item on the offer to settle. 3. Our client also does not waive any right she has to claim -pre and post judgment interest. This should be identified as a line item in the offer to settle. The client wants this offer to be Rule 49 compliant. Please: - Draft an Offer to Settle for the abovenoted file. I am meeting with the client soon for her approval of the draft. I expect that if there are no changes required to your draft that the Offer to Settle will be initially by the client and we will forward to opposing counsel on the same day. - To this end, please prepare a letter to opposing counsel, serving the Offer to Settle, so we can send it out as soon as possible after the client approves. Please prepare the offer to settle on the basis that we will be filing the Offer with the court in the future. - Prepare a draft Affidavit of Service my review as well. As always, if you have any questions, please do not hesitate to contact me