Writing a Legal Memorandum

Structure of presentation What’s legal memorandum Structure in general Writing steps Structure in details Conclusion

What’s legal memorandum? A way how to communicate your ideas and opinions to senior attorney Internal document Objektive analysis – neutral assesment strengths and weaknesses

Purpose of memorandum To communicate information: – Who is the reader? – What is the question the reader wants you to answer? – What are the relevant facts? Objective analysis

Core elements - IRAC Explain the law Apply to the facts Conclude Issue Rule Analysis Conclusion Do it transparently, honestly and meaningfully

Structure of memorandum Introductory statement Concise answers to those questions Statement of facts Discussion that analyses those questions Conclusion

Form of memorandum Paper memorandum

Process of writing Understand your client’s problem Research the law Organise Draft and revise your memorandum Edit and polish Stay open-minded to changing earlier decisions!

Focused on the structure I. Heading Introductory statement Statement of the facts Issues presented Identify the MAIN legal issue and sub-issues – The core legal question – The facts The issue is whether ……..(law question) when … (facts)

Focused on the structure II. Brief answers Discussion – ISSUE ONE Element one Factor one Factor two Partial conclusion – ISSUE TWO Conclusion

Remember Start paragraph with issue or element Citation, Active voice Transparent and clear structure Plaintiff’s side, then defendant’s Material procedural arguments Partial conclusions Show each step in your thinking Don’t make unsupported statements!

12 Thank you for your attention PROJECT „THEORY – SKILL – EXPERIENCE“ reg. No. CZ.1.07/2.2.00/ , Operational Program Education for Competitiveness