Memorandum Checklist Professor Siegel Fall 2006 Modified with thanks to and permission from Dean Darby Dickerson at Stetson College of Law

Anatomy of an Office Memo –MEMORANDUM (heading) –QUESTION PRESENTED –SHORT ANSWER –STATEMENT OF FACTS –DISCUSSION –CONCLUSION (Optional)

Heading n Required: Does your paper say MEMORANDUM at the top (centered, in all caps, bolded, underlined)?

Heading n TO: professor’s name. n FROM: student ID number. n RE: client name, case number, brief mention of subject matter of memo. n DATE:

Question Presented n Purpose: set out the legal issue addressed in the memo in a fact specific way n Use roles, not client’s name.

Question Presented – Sample n Whether a burglary is committed when a former roommate enters an apartment through an unlocked window, when he believes no one is home, to retrieve his personal property.

Question Presented - Format n First word: Whether or Under or Does n TR word: When –Use the most significant facts –Do you have more than three facts? –Have you eliminated conclusions?

Question Presented: Format Examples n Whether a trespass occurred when [facts] even though [facts]. n Does [facts] create a cause of action for [legal issue] when [facts]?

Question Presented - Objectivity n Are your issues objective n Make sure you include something “favorable” for each side. n Don’t slant facts to “help” your client.

Question Presented - Objectivity n Are your issues objective n Do you avoid suggesting an answer? n If the reader can only answer “yes” or “no” after reading your issue, it’s probably not objective. n Make sure you include something “favorable” for each side. n Don’t slant facts to “help” your client.

Short Answer n Have you started with a one- or two- word sentence? –Yes. –No. –Probably Yes. –Probably Not. n No waffling without explaining why.

Short Answer n Does your short answer respond to the question presented? n Does your short answer EXPLAIN your conclusions? n Be specific, not generic –Specific: Names of the Parties –Generic: Roles, Plaintiff/Defendant –But the QP is generic???

Short Answer - Explanation n Have you answered the issue? n Have you accurately summarized the discussion? n Have you articulated the legal standard? n Have you integrated key facts? n Is the explanation consistent with the first sentence?

Short Answer – Short Cut n Pick an answer n Draft one sentence on each element –Is it met? –What are the key facts

Short Answer n Would a busy reader understand the “bottom line”? n Is the short answer more than five sentences? If so, consider condensing. n Have you avoided citations to authority?

Statement of Facts n Do the facts follow the short answer? n Did you start with an introductory sentence that: –Expressly identifies your client? –Briefly summarizes the client’s problem?

Statement of Facts n Check for the “who,” where,” and “what.” –Did you introduce the players? n Check Your organization. –Have you used paragraphs often? –Did you present facts chronologically?

Statement of Facts n Have you included all legally relevant facts? n Have you included enough background facts that a person unfamiliar with the case could understand what happened? n Have you omitted irrelevant facts?

Statement of Facts n Are the facts accurate? Specific? n Are the facts objective? n Have you omitted conclusions and arguments? n Have you deleted value-laden words and characterizations?

Statement of Facts – Final Step n Have you reviewed the facts -- since writing the discussion -- to ensure that every fact mentioned in the discussion is also mentioned in the facts?

Discussion - Organization n Have you started with a thesis paragraph? Does it provide a roadmap? n Have you used Headings to make your organization obvious?

Discussion – Use IRAC n “R” of IRAC: Make sure you have a citation after every legal proposition in the case description. This could be every sentence. Include facts from the cases. n “A” of IRAC: If you discuss a case to prove the rule, make sure you apply it in your application. Use the detailed facts from the cases to make comparisons or to draw contrast.

Discussion – IRAC Checklist n Does each section start with a topic sentence on a specific element? n For each section, do you discuss legal authority in depth? n For each issue, have you included one or two paragraphs of application setting out how the rules apply to the client’s facts? n Have you also presented the other side? (Counter-Analysis)

Discussion – Reminders & Tips n Do you conclude each section with a conclusion sentence (your best educated guess of outcome on that element)? n Make sure you have not concluded in the middle of application. n Did you avoid waffling?

Discussion – Using Cases n Don’t Overdo the Case Discussion –Stick to ONE element at a time. –Don’t try to brief the case. –Exclude irrelevant information, unnecessary detail. Would it change the outcome? Was procedure important? n No New Cases in the Application –You must discuss cases in the Rule Section before you use them in your Application.

Conclusion n Is the conclusion a few sentences or a short paragraph? n Have you avoided raising new issues? n Have you avoided using citations? n Conclusion is optional, if you have room.

Conclusion – Any space left? n OPTIONAL: n Did you include a recommendation? –Additional research? –Fact investigation? n Don’t get carried away – just a sentence or two is all you should include

Writing Style n Is your writing clear and concise? n Work ahead on the substance so you have time to work on writing style too

“Quotations” n Have you eliminated excessive quotations? n Have you paraphrased correctly? –Did you include a cite? n For statutory problems: –Have you quoted key statutory language? –Think about whether an excerpt will do

Formatting & Mechanics n Are you within the line limit? n Is your paper double spaced? n Is the font 12-point Times New Roman? n Do you have page numbers at the bottom center of the page? n Are the margins correct?

Following Instructions n Have you carefully read and followed all other instructions? n Did you use the memo format handout? n Did you make an extra copy?

Proofreading (Next Class) n Have you carefully proofread your paper? n Have you run spell check? n Have you read the paper out loud? n Have you checked for grammatical errors?

A Few Miscellaneous Style Tips n Don’t end a page with a heading. n Make sure you’ve been accurate with the law and with the facts. n Remember that you can only cite to the authorities you were provided. n Have you incorporated my changes from your draft?

Avoiding Problems n Do you have multiple backups on disk? n Do you have hard copies of your work? n If you have a problem, turn in whatever you have at that point, and see me ASAP. n But, the late paper penalty still applies.

Avoiding Problems n Don’t wait to print your final version. n Remember that different printers might reformat your paper. n Remember that there will probably be a line for the printers.