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: Shelley’s CaseDrafting a Legal Memo (LS Tidbits #7)
By shell
First, a quick disclaimer: This is a suggested guide for a law school memo. In practice, legal memo format vary from firm to firm.
Before drafting a memo, do a quick outline denoting key issue(s) and relevant cases (with cites) that support or weakens the case. Keep in mind that a memo is supposed to take on a neutral tone (as opposed to the advocacy tone attached to a legal brief).
Once you identify the relevant cases, group them together into following:
-Group A: Cases supporting plaintiff’s assertion #1
-Group B: Cases opposing plaintiff’s assertion #1 (and in effect supporting defendant’s contention)
-Group C: Cases supporting plaintiff’s assertion #2 (the “Even if contention #1 fails” argument)
-Group D: Cases opposing plaintiff’s assertion #2 (and in effect supporting defendant’s contention)
Once the cases are grouped, make a decision as to who the Court is likely to favor and explain why. Match the key facts to the prevailing rules of law.
Full post as published by Shelley’s Case on September 17, 2008 (boomark / email).
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