purpose of the internal legal memorandum convey information about a client’s case or other matter...

Purpose of the Internal Legal MemorandumConvey information about a client’s

case or other matter within a law firm or other organization

Written analysis of a legal problemTypically objective unless your supervising

attorney requests a persuasive analysisEvaluates strengths and weaknesses of

the arguments of all sides of a case

Elements of the Internal Legal Memorandum

Statement of Facts: What happened? Who is involved? When did the events occur?

Include only legally relevant facts Do not use conclusions, legal principles, or source

references Include procedural history if applicable Do not omit facts unfavorable to your client First paragraph should identify your client, the legal

problem, and the relief sought.

Elements of the Brief

Title page; Table of Contents; Table of Authorities

Question Presented Opinions below Statutory Provisions and Rules Introduction Statement of the Case

Argument Conclusion

Consider Your Audience

Your supervising attorney is busy—inform him or her clearly and concisely

Use professional tone and languageProofread your grammar and spellingUse plain language where possibleAvoid unnecessary wordiness


After your heading use a Brief Answer or Short Answer/Preliminary conclusion (Judge Kents Nutshell statements) Here, you will set out one or two sentences answers to your

Question(s) Presented or Legal Issue(s) No. The contract between Mr. Smith and Mr. Jones is not

valid because the contract involved the sale of real property, and there was no writing to evidence the agreement. The Statute of Frauds requires contracts relating to the sale and purchase of real property to be in

writing.

Question Presented

Frame issue in manner most favorable to your client

Keep it clear enough that a layperson could understand the issue

Keep it short—75 words or lessBoth start and end with this


Question Presented or Legal IssueWhat is the primary legal issue(s) or

question(s) arising from the situation?May use question format: “Is the contract

between Mr. Smith and Mr. Jones valid under the Statute of Frauds?”

Or use “whether” format: “Whether the contract between Mr. Smith and Mr. Jones is valid under the Statute of Frauds?”

Question Presented

Examples Whether the Commerce Clause permits Congress to regulate

private cultivation and possession of marijuana for medicinal use, when the production and consumption is entirely intrastate

Whether Congress’s Commerce Clause power allows it to regulate intrastate marijuana activity that will substantially affect interstate commerce


Statement of Facts: What happened? Who is involved? When did the events occur?

Include only legally relevant facts Do not use conclusions, legal principles, or source

references Include procedural history if applicable Do not omit facts unfavorable to your client First paragraph should identify your client, the legal

problem, and the relief sought.


Applicable Statutes If there are statutes that potentially apply to

the fact situation, you might include a separate section where you set out all relevant statutes with proper Legal Bluebook citation.


• Discussion or Analysis Section– This is the substantive portion of your legal

memorandum– You will analyze the legal issues(s) as they apply

to the facts of the client’s situation. – If there is more than one legal issue, you may

choose to use sub-headings in order to organize your analysis.

– Discuss the law as it specifically controls the legal problem(s).

– Use proper Legal Bluebook citation format for all sources.

Your Argument

IntroductionOpen by stating the conclusion you want to

reachGive reader a roadmap of where you are

goingNo more than half a pageDon’t open with a history of the relevant law

Choose Your Language Carefully

Example of professional language:Do not begin your memo like this: “For

starters, let’s decide if John Doe’s parents are immune from suit.”

Instead: “The first issue is whether John Doe’s parents are immune from suit.”

Use simple and direct words and sentences.

. Final Project Writing Checklist

Heading:· Is your heading in proper form? Preliminary Conclusion( Judge Kents

Nutshell)Brief Answer:· Does your Brief Answer respond

directly to the Questions Presented and provide an objective summary of the analysis?

Final Project Writing Checklist

Questions Presented:· Do they identify the legal issue and

identify relevant law and includedeterminative facts?Statement of Facts:· Does your Statement of Facts include

the relevant facts in a coherentfashion?


Discussion: · Can you outline your Discussion using topic sentences? · Does your Discussion section include an introductory paragraph providing an overview of the analysis? · Have you include key language from any relevant statute? · Have you included all the necessary authority? · Have you thoroughly and objectively presented the authority? · Have you included the facts, procedure, holding, and reasoning

from every case? · Have you applied the authority to your facts? · Have you considered policy arguments? · Have you considered counter arguments?


Conclusion:· Does it summarize all arguments and

include supporting facts andrationale?

http://www.chessconsulting.org/financialaid/sample01.htm

http://www.rhysworks.com/sample%20leg.htm

Elements of the Legal Memorandum

ConclusionYou may choose to include a wrap-up

paragraph tying the facts, legal issue, and analysis together in summary form.

The End

Your Argument

HeadingsKeep them brief

Two lines or less is idealEach should state the overall conclusion of

the section, not your argument

Your Argument

HeadingsDo not write the following… A. Adverse employment actions should be limited to ultimate

employment decisions because it is implied by the plain language of 42 USC § 2000e-2(a)(1) of Title VII and properly balances protection of employees from discrimination and employers’ legitimate need to manage employees.

Your Argument

HeadingsWhen the following will do: A. Adverse employment actions should be limited to ultimate

employment decisions. because it is implied by the plain language of 42 USC § 2000e-2(a)(1) of Title VII and properly balances protection of employees from discrimination and employers’ legitimate need to manage employees.

Your Argument

Headings

Let subheadings make your argument:

A. Adverse employment actions should be limited to ultimate employment decisions.

1. The clear language of the statute favors the ultimate employment decision standard.

2. The ultimate employment decision standard properly balances employee protection with the employer’s ability to effectively manage.

Your Argument

Write in simple, clear EnglishAvoid legal jargonDon’t refer to parties as respondent and

petitionerBreak up long, complex sentences when editingUse active verbsDon’t use nouns where verbs will do

E.g., Don’t write “allegation;” use “allege”

Be clear, precise, and brief. Say only what you have to

Your Argument

Avoid exaggerationDo not say “clearly” or “virtually certain” or

“ridiculous”Assume your reader has no knowledge

of the subjectStick with your best arguments

Do not try to include every possible argument

Introduction

Write the introduction after you have written your full argument

Include enough facts and argument that the reader knows what’s going on and why you should win

Find the balance between comprehensibility and conciceness

Table of Contents

The bulk of your Table of Contents consist of your Headings.

Many judges read your Table of Contents first, to get a flavor of what you are trying to argue. This is your first chance to influence them.

Statement of the Case

ClarityAuthorityPersuasion


ClarityKeep it shortUse same verb tense (usually past tense)Easy to follow narrative

AuthorityPersuasion


ClarityAuthority

Know the authorities so you know which facts are relevant

Persuasion


ClarityAuthorityPersuasion

The facts are not in disputeYou are arguing questions of law

Don’t hide bad facts, just deemphasizeState as a mere matter of fact and move on

In an appellate brief, above all, be subtle

Opinions Below

In a real brief, you would cite to the decisions below

In our competition, simply write: “The opinions below are not officially reported.”

Statutory Provisions and Rules

What to write: “The following authorities are relevant to the

present case:”Then list the statutes, e.g.,

42 U.S.C. § 2000e-2

42 U.S.C. § 2000e-3(a)

Conclusion

Summarize each argument at the end of each issue, not in the Conclusion section of your brief

The Conclusion is a simple sentenceE.g., “For the foregoing reasons the

decision of [the court below] should be reversed/affirmed.”

purpose of the internal legal memorandum convey information about a client’s case or other matter...

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