LEGAL WRITING 2 TRIAL MEMORANDUM, LEGAL OPINION, SHORT ESSAY.doc
Writing a Legal Memorandum. Structure of presentation What’s legal memorandum Structure in general...
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Transcript of Writing a Legal Memorandum. Structure of presentation What’s legal memorandum Structure in general...
Writinga 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!
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Thank you for your attention
PROJECT „THEORY – SKILL – EXPERIENCE“reg. No. CZ.1.07/2.2.00/15.0198, Operational Program Education for Competitiveness