As a general rule, include no citations. The discussion may also touch on possible objections and the specific evidence to be brought to the trial or hearing by the attorney and his client. 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 Legal Memorandum You have already learned, in previous chapters, about the use of legal memoranda. This is not to say that you should omit facts that have an emotional impact.
The fourth section usually contains the holding of the case, i. Or you can convey any level of confidence in between. Of course, it will often be the task of the drafter of the memorandum to try to convince the court that the contrary case should not be applied to the facts of this case. In support of her motion for summary judgment, Julie includes in her memorandum the following: This bibliography can be divided into sub-sections for legislation; jurisprudence; and secondary materials like textbooks and journal articles.
I The first step is to state the legal issue. It is better to err on the side of providing too many citations than not providing enough.
One of the reasons legal writing was so complicated was because attorneys wanted to cover their bases and make sure that their documents were as complete as possible. Always assume that the reader is learning about the case for the first time.
Additionally, any concurrences or dissents should receive some discussion. You have to trust that your research and analytical skills enable you to provide a reasonable answer.
It may be the case that you cannot predict with certainty the outcome of your case, given your facts. You would ascertain which facts are legally significant by referring to the factual criteria based on elements or factors in the legal authority relevant to the question — e.
Given the more fully fleshed out short answer, the writer here has opted for a brief restatement of the ultimate conclusion. This can be done in a couple of ways.30 Fall Perspectives: Teaching Legal Research and Writing Vol.
8 PERSPECTIVES STRUCTURE YOUR LEGAL MEMORANDUM BY MARK GANNAGE1 Mark Gannage is a lawyer at Goodman Phillips &. The intended readers of legal memorandums may not always be clients; they may be also be associate attorneys, partners, or colleagues.
In some cases, an attorney may be called upon to write a legal memorandum addressed to the court. 61 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. Jul 02, · How to Write a Legal Memo. A legal memorandum is a document written by a lawyer for the benefit of a client.
It explains a specific area of law, analyzes a given fact pattern in light of the law, and makes a recommendation for a course of 95%(22). Drafting a Law Office Memorandum. Office Memo Format and Explanation; Structure for A Working Draft; you would not write "Did an advertising circular describing merchandise constitute an offer when it offered the merchandise for sale starting at a designated date and time?" because that formulation of the question assumes a legal conclusion.
A legal memorandum, also known as a memorandum of law, is a document that spells out the facts of a particular case, what laws apply to that case, as well as how those laws should be interpreted and/or applied to reach a decision.
An attorney prepares a memorandum of law to succinctly explain the facts and the law in.Download