Legal Draft Memo
Legal research notes can take many forms, ranging from general surveys in 50 states to more nuanced research on a particular legal issue, but regardless of the format, it`s important that you fully understand the task assigned to you before you start typing. There are two ways to discuss legal issues. The general format is Issue/Rule/Analysis/Conclusion (I.R.A.C). The second option is Conclusion/Problem/Rule/Analysis/Conclusion (C.I.R.A.C). The second option has become the preferred format because it is clearer for the reader to follow. The best way to improve in writing is to practice writing. So use the above templates and start practicing. Sharing your models with a colleague or friend who is also a lawyer is another way to improve your skills. 10) Be sure to indicate in your facts section what legal claims are being considered or made, and describe any legal proceedings that have already taken place.
20) Using a counter-argument is a good way to convey that the existing legal authority is unclear, unambiguous or uniform when applied to facts like yours. You may not be able to predict the outcome of your case with certainty based on your facts. Although the “Question Asked” section is short, it should (i) contain a concise reference to the legal claim and relevant doctrine, and (ii) contain the most legally important facts of your case. A comprehensive and balanced question is concise – it immediately goes to the heart of the legal question – and directs the reader to the real context. In the header, indicate the identity of the author, the recipient of the memorandum, the date, the identity of the client and the subject. Use a numbering order in the header; There will most likely be several legal memoranda attached to the case. [Research tip: Check carefully to see if you can rely on the citation of case law in your legal brief. Although a legal note is written for internal stakeholders such as the lead lawyer rather than for the court system, it can always serve as a basis for future documents.] (4) The author of this note has been careful not to use language that presupposes an answer to the legal question he has raised. Since the question referred for a preliminary ruling seeks to clarify whether the facts indicate the existence of a formal offer of contract, you would not use the term `offer` to formulate the question, that is: They would not write: “Does an advertising circular describing goods constitute an offer when it offered the goods for sale at a particular time?” because the wording of the question is based on a legal conclusion – that the conduct in question meets the requirements of an offer. Instead, reserve your legal conclusions (in this case, whether the ad was a formal offer or not) for the short answer part. Unlike a court brief, a legal note is not the place to hold a legal opinion or argue facts. The legal memorandum serves as an objective stand-alone document.
Therefore, he must maintain an unbiased tone, without implicit preference for either side. 24) As a legal drafter, it helps to have a number of qualifiers to recognize how certain or uncertain you are about the actual outcome of the court. Your conclusion may indicate that you are quite confident that the court will decide as you predicted, or that the outcome, given the state of the legal authority, is really a blow and could go one way or the other. Or you can convey any level of trust in between. Keep in mind that the reader will judge your credibility as a legal thinker, among other things, by the consistency of your tone with the available data. Lawyers can then include any case law citations in the legal note in court records to support their arguments. Given this broad potential scope, it is imperative to review all the case law in your legal note. Any unexamined case law that later ends up in public documents results in a reprimand by the court. If you approach your task following the approaches recommended in the sample legal memo below, you`ll be more likely to find an appreciative supervising lawyer, provide a better work product, reduce the number of drafts needed to arrive at a final product, and most importantly, satisfy the client. While your search for secondary sources may include books and treatises, law review articles, and other legal analysis publications, be sure to review all legal authorities for relevance. Store relevant cases and statuses in a specific workspace.
Bloomberg Law offers a streamlined and secure digital workspace where you can add your notes, as well as upload and save your drafts to stay organized. Secondary sources such as books, articles, law journals, and legal analysis publications are a good starting point to support your legal memo search. While secondary sources are not binding on the courts, meaning courts are not obligated to follow these sources, they are still useful tools if you know little about a topic. However, as explained above, a legal memo template is just an ideal starting point. Hone your writing skills is crucial given the diversity of audiences that read your legal notes. By improving your legal writing skills, you can write faster and easier. Simply put, a legal note should include the date the memo is addressed and from whom it originated, as well as the basis for the memo.