Legal Research Briefs, Legal Memoranda and Legal Writing You have learned in previous chapters that part of the legal profession involves a large quantity of writing. Attorneys took great pains to make language in documents as complicated as possible. One of the reasons legal writing was so complicated was because attorneys wanted to cover their bases and make sure that their documents were as complete as possible. The brief will give the attorney the information he or she requires, to decide whether the case is relevant and worth spending the time to read in depth.
This means that attorneys should not simply write their recollection of events; they should rather persuade the reader to understand the details of the case and how the law relates or applies to them.
The heading should include sufficient contact information about the writer and intended reader in addition to a one-line descriptor of the case.
Since each case is bound to produce multiple legal memorandums, it is always a good idea to establish a numbering sequence in the heading.
The legal issue is written in the form of a question that is answered in the following section. The statement of facts refers to the objective presentation of information provided by the client. The discussion that follows the statement of facts should describe the law as it applies to the case, and it should also state the pros and cons of at least one legal strategy.
The conclusion in a legal memorandum can be merged with the statement of facts, although readers would appreciate a conclusion that summarizes the entire document and outlines the legal analysis in a couple of sentences.
More On This Topic.Preparing a legal memorandum.
A legal memorandum presents research and analysis and applies the research and analysis to particular facts. A legal memorandum follows a general structure and follows certain conventions. The structure and conventions are discussed below, and a sample memorandum is included.
Because each legal . The law is clear that the security documents will be enforceable by the Bank as against the Debtor. However, there is a significant risk that the security documents, which have been registered under the name David Black in public registries, will not be enforceable against other creditors of the Debtor.
This memorandum is used within the law firm and serves to inform the attorney about the legal issue, and includes citations to legal authorities. It will also point out a split of authorities or ambiguities in the law, if applicable.
Oct 22, · How to Write a Legal Memo In this Article: Article Summary Organizing the Facts Researching the Law Assembling the Argument Drafting the Memo Polishing the Memo Community Q&A A legal memorandum is a document written by a lawyer for the benefit of a client%(24).
There is no single version of a memorandum that will serve all situations.
The choices you make will be informed by the nature and level of complexity of the legal question, and the preferences of your intended audience, including your reader's expected level of familiarity with .
61 Legal Memorandum Format Sample On the following pages is a legal memorandum formatted the way your memos in this class should be formatted.
The substance of this memo comes from Appendix A of the Wellford text.