Q UINCY COLLEGE Paralegal Studies Program Paralegal Studies Program Legal Research & Writing LAW-215 Writing A Legal Memorandum

Writing a Legal Memorandum In this unit we will learn how to: In this unit we will learn how to: Define the purpose of the office memoranda. Define the purpose of the office memoranda. Identify the purpose of an office memorandum. Identify the purpose of an office memorandum. Describe the proper style and format of an office memorandum. Describe the proper style and format of an office memorandum. Identify the elements of an office memorandum. Identify the elements of an office memorandum. Write an office memorandum. Write an office memorandum.

What is a Legal Memorandum? Internal document between employees at a law office (firm, government agency, anywhere!) Internal document between employees at a law office (firm, government agency, anywhere!) Predictive – take a position and support it! Predictive – take a position and support it! Purpose is to communicate information: Purpose is to communicate information: Who is the reader? Who is the reader? What is the question the reader wants you to answer? What is the question the reader wants you to answer? What are the relevant facts? What are the relevant facts? What did your legal research reveal? What did your legal research reveal? What is your analysis of those research results, and what conclusions can you draw? What is your analysis of those research results, and what conclusions can you draw?

Who is your Audience? “Law-trained” reader, so don’t need to explain basic legal concepts in detail. “Law-trained” reader, so don’t need to explain basic legal concepts in detail. Reader did not go through the hard work of figuring out relevant facts, doing research, analyzing situation, and reaching conclusion. You must communicate that information effectively so reader gets full benefit of all the work you have already done. Reader did not go through the hard work of figuring out relevant facts, doing research, analyzing situation, and reaching conclusion. You must communicate that information effectively so reader gets full benefit of all the work you have already done. Usually safe to assume that reader has not read the cases and statutes you found in your research; explain enough about each authority so reader understands its relevance. Usually safe to assume that reader has not read the cases and statutes you found in your research; explain enough about each authority so reader understands its relevance.

The Research/Analysis Process Identify the legal problem (a.k.a. “question presented,” “issue”) you are being asked to solve. Write it down so that your work will be focused. Identify the legal problem (a.k.a. “question presented,” “issue”) you are being asked to solve. Write it down so that your work will be focused. Research/identify the governing authorities. Research/identify the governing authorities. Carefully read and think about each authority and its implications for your legal problem. Carefully read and think about each authority and its implications for your legal problem. Even though it is sometimes difficult, try to reach a firm conclusion. “It might be A or it might be B” is interesting, but doesn’t help the reader determine a course of action. The reader is interested in your recommendation! Even though it is sometimes difficult, try to reach a firm conclusion. “It might be A or it might be B” is interesting, but doesn’t help the reader determine a course of action. The reader is interested in your recommendation!

Sample Analytical Techniques Highlight, underline, annotate with notes, tab – print out copies of your authorities and use them. Highlight, underline, annotate with notes, tab – print out copies of your authorities and use them. Use a big sheet of paper to keep track of authorities and facts that support/refute a particular position. Use a big sheet of paper to keep track of authorities and facts that support/refute a particular position. Read the relevant authorities carefully and let your subconscious mind work for awhile. Read the relevant authorities carefully and let your subconscious mind work for awhile. Experiment and figure out what works for you. Experiment and figure out what works for you.

Have something to say and think it through This is the biggest challenge – before you sit down to write, you should know generally what you want to say! This is the biggest challenge – before you sit down to write, you should know generally what you want to say! Many students “write to learn,” which often produces a poor final document – you may find it useful to think of “writing to communicate” as a separate step, done after you’ve done the hard work of figuring out a solution to a legal problem. Many students “write to learn,” which often produces a poor final document – you may find it useful to think of “writing to communicate” as a separate step, done after you’ve done the hard work of figuring out a solution to a legal problem.

Parts of a Legal Memorandum Heading Heading Introduction Introduction Issue(s) or question(s) presented Issue(s) or question(s) presented Brief Answer(s) Brief Answer(s) Statement of Facts Statement of Facts Applicable Statutes Applicable Statutes Analysis & Discussion I (issue) R (rule) A (analysis and application) C (conclusion) Conclusion

Legal Reasoning Steps in Legal Reasoning: Steps in Legal Reasoning: 1. Become familiar with key facts. 2. Identify relevant legal rules. 3. Link those rules to the facts using: A. Deductive reasoning, B. Linear reasoning, or C. Reasoning by analogy 4. Draw a conclusion.

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