Focusing on Your Audience The following documents offer some suggestions for drafting a predictive legal analysis.
Some tips on getting started with legal writing and analysis. Navigating this Blog There are countless ways to style legal writing. In this blog, you will find various approaches to legal writing that I have found to be effective.
Take it all with a grain of salt. I hope some of this helps. Getting started with writing a Memo Included in this section are basic guides to writing each of the main sections of a legal memorandum.
There is no one way to write a memo, and you should feel free to experiment with other methods. Note that throughout this section, I have included excerpts from one of my student's assignments regarding whether or not a fictitious client could succeed with a misappropriation of trade secrets claim.
These excerpts should serve as a decent model for how to write a legal memorandum. Before you get started writing your memo, and throughout the legal writing process, consider the following: When you know who will be reading your memo, then you should cater your writing style to the reader's preferences.
Whether a judge, supervising attorney, non-profit agency, or legal writing instructor, your reader is your priority.
If your audience wants you to include a detailed facts section, you should do so. If your supervisor tells you that you need not include a facts section, then do not include one.
The same is true regarding writing style, grammar usage, the level of background you provide concerning the area of law, etc. Your audience should dictate your approach to legal writing. When writing a legal memo, as opposed to a legal brief, chances are that your reader will want an "objective" memo, which plainly explains the legal issue at hand and, if appropriate, analyzes the likelihood of success for a client or potential client with regard to that issue.
You are presenting your best, most honest estimate of what the law is and how it should be applied to the facts at hand.
Only address the issues that you set out to address. Identifying the issues that you will address in a memo is a crucial preliminary step. You want to narrow down the scope of your memo as much as possible.
Once you have done so, you must stick to the issues that you present in your memo. Do not get side tracked by related or unrelated issues. You may make reference to other issues of concern, but you should only discuss and analyze the issue or issues that you identify at the start of your memo.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. Grammarly: Free Writing AssistantWrite anywhere · Easily improve any text · Eliminate grammar errors · Detect plagiarism.
1) The question presented states the question(s) the memo is to address: how does the relevant law apply to the key facts of the research problem? The question .
When writing a legal memo, as opposed to a legal brief, chances are that your reader will want an "objective" memo, which plainly explains the legal issue at hand and, if appropriate, analyzes the likelihood of success for a client or potential client with regard to that issue. Browse through s of legal articles and find a local attorney to help you with Free Help Line · Short 2 Step Form · Top Affordable Lawyers · Free Legal ConsultationsTypes: Physical Abuse, Sexual Abuse, Gross Neglect, Psychological Abuse.
1) The question presented states the question(s) the memo is to address: how does the relevant law apply to the key facts of the research problem? The question should be sufficiently narrow and should be objective.