1. 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

2. 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.

3. 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.

4. 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

5. 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.

6. 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.

7. 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?”

8. 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

9. 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.

10. 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.

11. 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.

12. 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

13. 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.

14. . 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?

15. 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?

16. 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?

17. Final Project Writing Checklist
Conclusion:
· Does it summarize all arguments and include supporting facts and
rationale? 

18. 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

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

20. 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.

21. 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.

22. 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.

23. 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

24. 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

25. 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

26. 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.

27. Statement of the Case
Clarity
Authority
Persuasion

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

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

30. 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.

31. 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.”

32. 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)

33. 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.”