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

• Email

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