How to write a legal memo for 2 cases

This means that attorneys should not simply write their recollection of events; they should rather persuade the reader to understand the details of the case and how the law relates or applies to them. The heading should include sufficient contact information about the writer and intended reader in addition to a one-line descriptor of the case.

How to write a legal memo for 2 cases

Predictive Writing for Office Memos The reader depends on you to present strengths and risks objectively. The predictive memo is a document used for decision-making, whether it is: On the other hand, persuasive writing is strategic.

As an advocate, you craft every element to convince the reader that your position is correct. Elements of Predictive and Persuasive Writing The elements of predictive and persuasive writing will be the same. The tone, word choice, sentence structure, organization, and emphasis in predictive and persuasive writing differ greatly: You still make your best effort to overcome weaknesses and address counterarguments.

The Challenge of Objectivity Our professional role as the neutral and objective advisor is often challenged by some subtle and some not so subtle biases: We would prefer to give clients good news about the strength of their position or the likelihood they will achieve their objectives.

And then there is the other natural tendency of many lawyers to want to win.

Discussion – Legal Memos Made Easy April 26, QUESTION PRESENTED 1 Under New York law, 2 did 3 Loman's Fashions' description of a designer leather coat in an advertising circular constitute an offer 4 to sell the coat which became a binding contract when the text of the advertisement indicated that the coats were a "manufacturer's closeout" and that the early shopper would be rewarded, and when a shopper signified her intent to purchase the coat according to the advertised terms? The ad announced that the store would open at 7 a.

Here are some questions to query your text with: Are all the legally relevant facts included, no matter how inconvenient?

Have you raised all the legal issues, even if they complicate your analysis? Does your analysis and prediction discuss all sides? Have you covered all the counterarguments? Are you straightforward in describing the risks? Have you explained what is debatable given the particular facts?

Are your words precise and clear? Have you stuck to observable facts? Petty nearly always forgets to pick up his son, Stephen, at the daycare.

Stephen is now a fretful and anxious child, refusing to go to daycare at all, deeply fearing that his father will abandon him completely. Petty was frequently late picking his son up from the daycare.

Stephen now exhibits symptoms of anxiety. He told his mother that he does not want to go to daycare because his father might not pick him up. As your discussion section moves from explaining to applying the law, legal readers start to test your analysis against their own thinking process and knowledge.

Legal readers will be looking for cues that you have thought through the multiple ways cases, statutes, and client facts can be interpreted. Your analysis has to be clear, explicit, and reasonable.

how to write a legal memo for 2 cases

Consider the following mini-checklist: Does every sub-section include a general overview that: Can the assigning lawyer skip reading the cases because you have included enough details about the: Have you provided the social context needed to support major policy arguments?

Have you considered all reasonable interpretations of the cases, statutes, and client facts, and explained arguments and counterarguments? Have you explained why an issue is not dealt with? Have you explained the reasoning that supports your prediction?Does the lawyer you’re writing the memo for have a particular way they prefer memos to be drafted?

Then write the memo exactly the way the want it. Ask their assistant, they’ll likely know. Or does your firm have a default memo template?

Then you should disregard everything below and conform to the template. from the community prior to the division of the property, and the case is one in which an equal division is required, the court may direct that the other spouse receive a credit in order to make.

Briefs, Legal Memoranda and Legal Writing - LawShelf Educational Media

Office Memo Format and Explanation. This handout sets out a short description of one way to put together an office memorandum. The format and structure may differ somewhat from law office to law office (and, here in law school, from professor to professor).

Once you are in practice, you can adjust the format to your office's requirements. 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.

In some cases, an attorney may be called upon to write a legal memorandum addressed to the court.

how to write a legal memo for 2 cases

The first step consists of defining the purpose of the memo, which can be written as part of a strategy to advise a client, to prepare a legal team for a trial, to ask for an opinion, or as part of a pleading.

b. Fit the Key Facts With The Law – But Don't Analyze, Analogize or Weigh Alternatives. Because the brief answer may be the only thing the lawyer reads right away, you need to be as clear as possible on how the key facts fit with the legal rules to support your prediction.

Issue Statements – Legal Memos Made Easy