Purpose of the Internal Legal Memorandum Convey information about a client’s case or other matter within a law firm or other organization Written analysis of a legal problem Typically objective unless your supervising attorney requests a persuasive analysis Evaluates strengths and weaknesses of the arguments of all sides of a case

Elements of the Internal Legal Memorandum Statement of Facts: What happened? Who is involved? When did the events occur? Include only legally relevant facts Do not use conclusions, legal principles, or source references Include procedural history if applicable Do not omit facts unfavorable to your client First paragraph should identify your client, the legal problem, and the relief sought.

Elements of the Brief Argument Title page; Table of Contents; Table of Authorities Question Presented Opinions below Statutory Provisions and Rules Introduction Statement of the Case Argument Conclusion The areas in red are those you will concentrate on. The sections in black should be completed in spare moments when you have no more energy for research and writing. Prepare the document container as you go when you have 5-10 minutes so you don’t have to worry about it at the end.

Consider Your Audience Your supervising attorney is busy—inform him or her clearly and concisely Use professional tone and language Proofread your grammar and spelling Use plain language where possible Avoid unnecessary wordiness

Elements of the Internal Legal Memorandum After your heading use a Brief Answer or Short Answer/Preliminary conclusion (Judge Kents Nutshell statements) Here, you will set out one or two sentences answers to your Question(s) Presented or Legal Issue(s) No. The contract between Mr. Smith and Mr. Jones is not valid because the contract involved the sale of real property, and there was no writing to evidence the agreement. The Statute of Frauds requires contracts relating to the sale and purchase of real property to be in writing.

Question Presented Frame issue in manner most favorable to your client Keep it clear enough that a layperson could understand the issue Keep it short—75 words or less Both start and end with this Know how you’re framing the issue before you start to write. However, recognize that this may change as you compose and come up with new ideas, or find that old ones aren’t working. So don’t get attached to your question presented.

Elements of the Internal Legal Memorandum Question Presented or Legal Issue What is the primary legal issue(s) or question(s) arising from the situation? May use question format: “Is the contract between Mr. Smith and Mr. Jones valid under the Statute of Frauds?” Or use “whether” format: “Whether the contract between Mr. Smith and Mr. Jones is valid under the Statute of Frauds?”

Question Presented Examples Whether the Commerce Clause permits Congress to regulate private cultivation and possession of marijuana for medicinal use, when the production and consumption is entirely intrastate Whether Congress’s Commerce Clause power allows it to regulate intrastate marijuana activity that will substantially affect interstate commerce

Elements of the Internal Legal Memorandum Statement of Facts: What happened? Who is involved? When did the events occur? Include only legally relevant facts Do not use conclusions, legal principles, or source references Include procedural history if applicable Do not omit facts unfavorable to your client First paragraph should identify your client, the legal problem, and the relief sought.

Elements of the Internal Legal Memorandum Applicable Statutes If there are statutes that potentially apply to the fact situation, you might include a separate section where you set out all relevant statutes with proper Legal Bluebook citation.

Elements of the Internal Legal Memorandum Discussion or Analysis Section This is the substantive portion of your legal memorandum You will analyze the legal issues(s) as they apply to the facts of the client’s situation. If there is more than one legal issue, you may choose to use sub-headings in order to organize your analysis. Discuss the law as it specifically controls the legal problem(s). Use proper Legal Bluebook citation format for all sources.

Your Argument Introduction Open by stating the conclusion you want to reach Give reader a roadmap of where you are going No more than half a page Don’t open with a history of the relevant law

Choose Your Language Carefully Example of professional language: Do not begin your memo like this: “For starters, let’s decide if John Doe’s parents are immune from suit.” Instead: “The first issue is whether John Doe’s parents are immune from suit.” Use simple and direct words and sentences.

. Final Project Writing Checklist Heading: · Is your heading in proper form? Preliminary Conclusion( Judge Kents Nutshell)Brief Answer: · Does your Brief Answer respond directly to the Questions Presented and provide an objective summary of the analysis?

Final Project Writing Checklist Questions Presented: · Do they identify the legal issue and identify relevant law and include determinative facts? Statement of Facts: · Does your Statement of Facts include the relevant facts in a coherent fashion?

Final Project Writing Checklist Discussion: · Can you outline your Discussion using topic sentences? · Does your Discussion section include an introductory paragraph providing an overview of the analysis? · Have you include key language from any relevant statute? · Have you included all the necessary authority? · Have you thoroughly and objectively presented the authority? · Have you included the facts, procedure, holding, and reasoning from every case? · Have you applied the authority to your facts? · Have you considered policy arguments? · Have you considered counter arguments?

Final Project Writing Checklist Conclusion: · Does it summarize all arguments and include supporting facts and rationale?  http://www.chessconsulting.org/financialaid/sample01.htm http://www.rhysworks.com/sample%20leg.htm

Elements of the Legal Memorandum Conclusion You may choose to include a wrap-up paragraph tying the facts, legal issue, and analysis together in summary form. The End

Your Argument Headings Keep them brief Two lines or less is ideal Each should state the overall conclusion of the section, not your argument

Your Argument Headings Do not write the following… A. Adverse employment actions should be limited to ultimate employment decisions because it is implied by the plain language of 42 USC § 2000e-2(a)(1) of Title VII and properly balances protection of employees from discrimination and employers’ legitimate need to manage employees.

Your Argument Headings When the following will do: A. Adverse employment actions should be limited to ultimate employment decisions. because it is implied by the plain language of 42 USC § 2000e-2(a)(1) of Title VII and properly balances protection of employees from discrimination and employers’ legitimate need to manage employees.

Your Argument Headings Let subheadings make your argument: A. Adverse employment actions should be limited to ultimate employment decisions. 1. The clear language of the statute favors the ultimate employment decision standard. 2. The ultimate employment decision standard properly balances employee protection with the employer’s ability to effectively manage.

Your Argument Write in simple, clear English Avoid legal jargon Don’t refer to parties as respondent and petitioner Break up long, complex sentences when editing Use active verbs Don’t use nouns where verbs will do E.g., Don’t write “allegation;” use “allege” Be clear, precise, and brief. Say only what you have to

Your Argument Avoid exaggeration Do not say “clearly” or “virtually certain” or “ridiculous” Assume your reader has no knowledge of the subject Stick with your best arguments Do not try to include every possible argument

Introduction Write the introduction after you have written your full argument Include enough facts and argument that the reader knows what’s going on and why you should win Find the balance between comprehensibility and conciceness

Table of Contents The bulk of your Table of Contents consist of your Headings. Many judges read your Table of Contents first, to get a flavor of what you are trying to argue. This is your first chance to influence them.

Statement of the Case Clarity Authority Persuasion

Statement of the Case Clarity Authority Persuasion Keep it short Use same verb tense (usually past tense) Easy to follow narrative Authority Persuasion

Statement of the Case Clarity Authority Persuasion Know the authorities so you know which facts are relevant Persuasion

Statement of the Case Clarity Authority Persuasion The facts are not in dispute You are arguing questions of law Don’t hide bad facts, just deemphasize State as a mere matter of fact and move on In an appellate brief, above all, be subtle Don’t underestimate the statement of facts. It allows you to tell a story in the way most favorable to your client. You must walk the fine line of emphasizing the good facts and de-emphasizing the bad ones WITHOUT seeming as this is what you’re doing.

Opinions Below In a real brief, you would cite to the decisions below In our competition, simply write: “The opinions below are not officially reported.”

Statutory Provisions and Rules What to write: “The following authorities are relevant to the present case:” Then list the statutes, e.g., 42 U.S.C. § 2000e-2 42 U.S.C. § 2000e-3(a)

Conclusion Summarize each argument at the end of each issue, not in the Conclusion section of your brief The Conclusion is a simple sentence E.g., “For the foregoing reasons the decision of [the court below] should be reversed/affirmed.”