Unit 2: Post-Interview Memorandum

POST-INTERVIEW MEMORANDUM

To: Supervising Attorney

From:

Subject: Terry Martin

Date: November 25, 2014

Facts:

The parties to this case are Terry, Carlos his partner and Carlos brother Ben. Terry and Carlos were married in Vermont where same sex marriage is allowed. The couple lived together for 5 years. One day while travelling through Florida, Carlos was involved in a serious accident which required the doctors to seek consent from the closest relative to carry out assisted suicide. Because Carlos left no provision to handle this issue, and Florida Law does not recognize same sex marriage, Terry is denied the right to make said decision and instead the doctors asked Carlo’s brother Ben who Carlos has not seen in over 20 years to make this important decision. Terry demands that Vermont's law on this matter be given full faith and credit in Florida.

Interview Objective:

The objective of the interview with Terry was to gain more relevant personal information about the client and the issues at hand, as well as gain more information about the case and determine whether or not there is enough evidence to file suit.

Client Evaluation:

Throughout the interview Terry was cooperative and was very responsive to my questions.

I found Terry very nice and friendly.

Information obtained from client:

Some of the information I obtained from Terry is the fact that he was legally married to Carlos in Vermont on June 5, 1999. They lived in 555 Oakland Drive Burlington VT 12345. Carlos didn’t have a will or a living will.

Issues:

Some of the issues presented are whether or not Florida statute violates the basic rights and due process provided for in the Florida Constitution, the 5th Amendment's Equal Protection clause and the Full Faith and Credit Clause of the Constitution (Article IV, Section 1), which provides that acts of one state shall be recognized as valid in other states.

Conclusion:

There is a lot of cases and case law that deals...