US Legal Writing

Memo Review Prof. Betsy Candler!Summer 2015

Memo WritingWhat is a Legal Memo in the US?

Document, usually short, that predicts (objectively) a legal question and analyzes the necessary legal issues.

What are the pieces?

It depends on the context (and audience), but generally: 1) Header; 2) Introduction; 3) Facts/Background; 4) Discussion [each issue has CRAC]; and 5) Conclusion.

Pieces of a Memo1. Header

To, From, Date, Regarding

In the Exam:

There is a template that shows you what to do.

Make the most of the “Re” line.

Pieces of a MemoHeader Exercise:

To, From, Date, Re

You work at a law firm. Partner A tells you firm’s new client Axel Ford wants to sue Xavier Lee. Ford built a kitchen table for Lee and has delivered the table. Lee refuses to pay the agreed-upon amount because he is dissatisfied. Partner A wants a memo later today on whether Axel would win the suit.

Pieces of a Memo1.Header

2.Introduction

Includes question presented and short answer with some key points of information.

In the Exam:

Looking for the question with the two issues; key facts; and the legal prediction (conclusion).

Exercise: more info on the table - Xavier wanted an oval table and Axel made a round table. The had a written contract.

Pieces of a Memo1. Header

2.Introduction

3.Facts/Background

Answers questions like Who, What, When, Where, Why, and How. Story and Legal Procedure.

NOT a place for argument, assumptions, conclusions, or judgments.

In the Exam:

Don’t skimp on the facts. What facts matter to the analysis? And what facts matter for you to paint the picture of the story to someone who is totally new to the case?

Include Procedural status - in the Exercise, this would be simply “Ford is interested in filing a claim for damages based on the contract with Lee.”

Pieces of a Memo1. Header

2.Introduction

3.Facts/Background

4.Discussion

Heart of the Memo - Legal Analysis. Break down the question of the memo into the legal sub-issues.

In the Exam: 2 legal issues

Header for each issue (can be issue statement or a conclusion statement).

Pieces of a MemoDiscussion: CRAC for both issues

Conclusion - if you didn’t put it in the header

Rule - use the case you briefed to find and state a legal rule to guide your issue analysis. List the authority for the rule.

Application/Analysis: Apply the rule to your facts. Explain the rule using the facts of the case briefed, then compare/contrast to show your reasoning for your prediction of how a court will determine the issue.

Conclusion: for each issue, restate the conclusion (how a court is likely to rule).

Pieces of a Memo1. Header

2.Introduction

3.Facts/Background

4.Discussion [CRAC for both issues]

5.Conclusion

In the Exam: States what a court is likely to do with the question presented, addressing both sub-issues. Reflects the Introduction. Is a combination of the two issue-specific conclusions.

Memo Writing❖ When you quote, paraphrase, summarize, refer to, or borrow ideas from the case,

cite to the case.!❖ Follow the US style: !

❖ Topic Sentences, !❖ Professional Tone, !❖ Concise/Straightforward language (easy to understand word choices, simple

sentences)!❖ Contained paragraphs with topic sentences, !❖ Headers to guide the reader, !❖ Active voice. !

❖ Memo will be half of your Exam Score.

Memo Writing

❖ See Sample Memos!❖ Can practice with the Jane Jackson hypo.!❖ Outline ideas before you begin writing. If

you run out of time, but you have your outline, you can get points for the ideas you have outlined.

Questions? Concerns?