Thursday, February 1, 2018

How a Legal Professional Writes a Law Office Memo


LAW OFFICE MEMO: PURPOSE AND USE


PURPOSE
Record the Law found as a result of the research
Explain how the researcher analyzed the law and applied it to the facts
Propose a Solution to the problem

USE
Attorney and Client use information to resolve the problem discussed in  
  the Law Office Memo

Format
Elements of a Law Office Memo

TO AND FROM
Contains the name of person who assigned you the Memo and your name

RE
Identifies the Subject Matter of the Memo

DATE
Memo should be dated
Use either date you complete your research or date you deliver it to reader
Date is important as it is assumed the research is current

FACTS
Clearly state significant facts
Limit them to one or two paragraphs


ISSUES AND ANSWERS
Heart of the Memo
Each issue and corresponding answer should be one sentence and give the  
  reader as much information as possible.
Number each issue and answer
An issue and answer contain a blend of fact and law

REASONING
Comprised of:
THESIS
SHORT CONCLUSION
STATEMENT OF RULE OF LAW
APPLICATION OF RULE OF LAW TO THE FACTS

THESIS PARAGRAPH
Contains thesis- central idea of your memo
Gives reader the big picture of your memo
• “Road Map”
Besides stating thesis statement, also state your conclusion in simple terms

RULE OF LAW
Law contained in legal resources that will be applied later to the facts in
  your memo
Comes from Primary Sources- Case Law
Need to clearly explain rule of law so reader has a solid basis for
  understanding your reasoning.



APPLICATION OF LAW TO FACTS
Create Case Analysis Chart
Include:
Name of Case
Facts that are Similar
Facts that are Different
Rule of Law and Conclusion
Use Separate Chart for each case discussed
Writing of Statement of Rule of Law and Application of Law to Facts 
  needs to be so clear that someone who has never read about the area of law
  discussed in the memo can easily understand your memo

CONCLUSION
Final Paragraph
Ties everything together
Summarize similarities and differences between Case Law used as 
  Authority and the Facts of the Memo

Explain what Cases you relied on to reach your conclusion

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