purpose of the internal legal memorandum convey information about a client’s case or other matter...
TRANSCRIPT
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
Elements of the Internal Legal Memorandum
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
Elements of the Internal Legal Memorandum
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
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 Internal Legal Memorandum
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.
Elements of the Internal Legal Memorandum
• 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?
Final Project Writing Checklist
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?
Final Project Writing Checklist
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
Statement of the Case
ClarityKeep it shortUse same verb tense (usually past tense)Easy to follow narrative
AuthorityPersuasion
Statement of the Case
ClarityAuthority
Know the authorities so you know which facts are relevant
Persuasion
Statement of the Case
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.”