You will likely have a number of analysis paragraphs, depending on the nature of your legal issue. Or you can convey any level of confidence in between. You may want to discuss each sub-issue separately. Next, compare those cases to the facts of your own case.
The short answer serves two functions: You have to trust that your research and analytical skills enable you to provide a reasonable answer.
If witness testimony is used, the deposition or recorded statement must be referenced. However, usually you have to make a decision about what a court would likely do if faced with your fact situation. However, the ad indicated that the store, opening for business on the day of the sale at 7 a.
It is important to adopt a consistent style throughout your memorandum, rather than switching between format for writing a legal memorandum citations and footnotes. Remember that the ultimate goal of legal citations is to ensure your reader can easily find any of the material you reference.
Keep in mind that the reader will be judging your credibility as a legal thinker based on among other things the congruity of your tone with the data at hand. The most effective style is to use a thesis sentence or paragraph that not only indicates what the issue is, but tells the reader briefly what your conclusion is on the issue.
Although the "question presented" section is short, it must i provide a concise reference to the legal claim and relevant doctrine and ii incorporate the most legally significant facts of your case. Since you are not advocating for any side, you ought not color or characterize the facts as you would if you were writing a brief.
Given the more fully fleshed out short answer, the writer here has opted for a brief restatement of the ultimate conclusion. Section et seq. For example, if you are dealing with cases from a number of different jurisdictions you can structure your discussion separately for each jurisdiction, or cover all jurisdictions when you deal with a particular issue.
You can summarize the issue in the form of a topic sentence or question. For example, if you are analyzing a tort, you might break your discussion into three sections: This involves a review and analysis of the relevant cases, statutes, and secondary sources. The short answer should function as a roadmap to help readers feel oriented when they move on to the discussion.
You may have weighed arguments against counterarguments. This section includes analysis of the rule, but does not include application of the rule to your facts. However, if that would result in repetitive discussion of the same cases in different sections of the memo, it might be better to combine your discussion of some of the sub-issues.
In some circumstances there may be a practical solution that enables you to avoid confronting the uncertainty in the law. The headings of your sections should correspond to the element of the rule that you will be analyzing within that section.
For this reason, many people do not write the final version of the question presented or the short answer until they have almost completed the "discussion" section of the memo.
It is better to err on the side of providing too many citations than not providing enough.Fall Perspectives: Teaching Legal Research and Writing Vol. 8 PERSPECTIVES STRUCTURE YOUR LEGAL MEMORANDUM The legal memorandum is the most formal, and time-efficient format for reporting the results of your research and analysis.
Jul 02, · How to Write a Legal Memo Five Parts: Organizing the Facts Researching the Law Assembling the Argument Drafting the Memo Polishing the Memo Community Q&A A legal memorandum is a document written by a lawyer for the benefit of a client%(22).
/ Preparing a legal memorandum; Preparing a legal memorandum. A legal memorandum presents research and analysis and applies the research and analysis to particular facts.
A legal memorandum follows a general structure and follows certain conventions. The structure and conventions are discussed below, and a sample memorandum is included. Legal memos might not seem significant, but they are a direct insight as to how you think. It allows lawyers in a firm to get a measure of the depth of your research capabilities, how you process case law, and the quality of how you present your conclusions.
A typical memo includes five sections: (1) Issue, (2) Brief Answer, (3) Facts, (4) Discussion, and (5) Conclusion. This is the best way to approach learning to draft effective legal memos.
But keep in mind that, in practice, attorneys often prefer that memos do not adhere to this standard format. Legal Memorandum Format Sample On the following pages is a legal memorandum formatted the way your memos in this class should be formatted. The substance of this memo comes from Appendix A of the Wellford text.
The formatting follows the “Visual Rhetoric” instructions on pages of this Supplement.Download