Stating the Facts in a Legal Memo Identify and state the legally significant facts only. This needs to be done after you have identified the legally relevant rules and analysis. This means eliminating facts until only facts necessary to the analysis and conclusion remain. Facts that have emotional overtones should not be stated unless they have independent legal significance. Therefore, after a memo is completed, the writer should go back and revise the facts to take out the irrelevant ones and perhaps to stress the relevant ones. Advanced Legal Analysis and Writing Class 12

Other Keys in Stating the Facts Include background facts as necessary For example, the history of vision problems of a driver in the accident, etc. Organize the statement of facts in the manner that is least confusing to the reader. Usually, a chronological statement of facts is the best way to go, but this can be changed if another manner would be clearer or serve to explain better. In a legal memo, describe the facts objectively In a persuasive document you also must be completely accurate but of course may present the facts in a light favorable to your client. Advanced Legal Analysis and Writing Class 12

Advanced Legal Analysis and Writing Class 12 Question Presented In any kind of legal document, there should be a statement at the outset as to the nature of the question presented. In an intra-office memo, this should be completely objective In a persuasive document, this can be geared to sound like the question calls for a resolution favorable to your client The “question presented” statement often has to be a compound question, presenting several issues However, it is critical that the question be understandable Advanced Legal Analysis and Writing Class 12

Question Presented – Example John gets into a car accident while he was driving on I-17. At the time, he was late for a meeting and so he was shaving with his left hand while driving. The plaintiff moves for a directed verdict, arguing that John was inherently negligent. You are writing a memo involving the question of whether John was inherently negligent. Advanced Legal Analysis and Writing Class 12

Question Presented Statement for an Intra-Office Memo The question presented is whether a driver is inherently considered to have acted negligently when he drove a car while shaving with his left hand and keeping his right hand on the steering wheel, but committed no traffic violations. Advanced Legal Analysis and Writing Class 12

The same, as written in a brief by the Plaintiff The question presented is whether a driver is inherently considered to have acted negligently when he failed to focus his full attention on the road while driving, and instead engaged in a distracting activity that was unrelated to driving and that distracted his attention from the task of driving. Advanced Legal Analysis and Writing Class 12

The same, as written in a brief by the Defendant The question presented is whether a driver is automatically considered to have acted negligently due to the fact that he has engaged in another activity while driving, when his driving has conformed to all traffic rules and regulations. Advanced Legal Analysis and Writing Class 12