legal memo writing

1. Legal Memo Writing Factors in Excellent Work

2. 2

3. 3 Content v. Style You cannot divorce content from style Content must be complete, accurate and clear Overall theme is readability Focus is on the reader Dense, difficult-to-read prose will detract from what otherwise may be a strong legal point

4. 4 Substantive Content of Memo:Results of Research� Results of research � case law Leading cases Currency, judicial interpretation, court level Analogous cases Why am I including this case in my memo?

5. 5 Results of research:Legislation and policy Current legislation Acts and Regulations Judicial interpretation Policy As found in precedent cases � consider whether accepted by the court or not Found elsewhere? Cases on a related issue? Academic writing? Law reform?

6. 6 Substantive Content � Analysis of Law Accurate analysis of cases Understands the law; accurate interpretation Through analysis - Pays attention to detail Does this decision alter the legal principle or test? Is the principle or test limited to particular factual circumstances? Which court is this decision from? What is the date of the decision? What is the �strength� of the judgment? Is it a majority, concurring, or dissenting judgment?

7. 7 Key Elements � Substantive Content Objective reporting of law Does the case really say this � or is this what you want it to say? Save the latter interpretation for argument. Synthesize the law As a package, what do these cases say? Demonstrates ability to write an accurate, complete and clear summary of the law

8. 8 ELEMENTS OF STYLE: Factorsto consider in describing the law Audience Purpose and Goals Overall Structure of Memo Presentation Choice of Language Apportioning word count

9. 9 Audience matters� Does this person have legal training? What does this person know about this particular area of law? (Don�t make assumptions.)

10. 10 Why am I writing this memo? To give advice to a client on likely outcome of case should it proceed to trial To assist lawyer in preparing for trial, both in gathering and presenting evidence and making legal argument

11. 11 What is the goal of this memo? To provide a clear, thorough, accurate, and objective statement of the law on the issues identified To provide an objective prediction of the likely outcome of the case should it proceed to trial

12. 12 Structure of memo � 8 Components Introduction Facts Issue(s) Brief Answer(s) Analysis of Law (cases, legislation) Synthesis of Law Apply Law to Your Client�s Fact Situation Conclusion

13. 13 Components of Memo Introduction who is your client and what is this about? Facts limited by relevance Inclusive (if you refer to elsewhere in memo, fact should be included in your facts section!)

14. 14 State the Issues Consider: what do I need to prove or disprove in order to assess my client�s chances of success if this case goes to trial? What is this case really all about? Are sub-issues required? Does the use of sub-issues HELP or HINDER the analysis?

15. 15 Components of a memo� Brief answer(s) Does your brief answer directly and briefly answer each issue? Analysis Would a short introduction help orient the reader to this area of law?

16. 16 Analysis of the law� Analyse the law issue by issue provide an overview of the law, a synthesis and an application to facts for each issue - then move to the next issue and repeat the process Consider whether extensive use of sub-issues helps or hinders this Consider whether use of sub-headings is appropriate

17. 17 Analysis of cases� Order of presentation of cases? Chronological? Leading cases first, followed by supplementary cases? General principles then analogous facts? Content? Facts, issues, holding (outcome), principles Which order should be used? Ask: why am I including this case?

18. 18 Use transitions� It is up to you, not your reader, to do the work! Use transitions to explain to your reader how one case relates to the next The leading case is � The concept of intention was clarified in �

19. 19 Synthesize the law� Weave the cases together into a summary of the law Use your synthesis as a checklist when applying law to facts Pay attention to differences between cases Consider and identify geographic jurisdiction and court level where relevant Identify majority vs dissenting opinions

20. 20 Apply Law to Facts� Thorough and well-organized application of law to facts Logical sequence? Does application to facts follow the same sequence as your synthesis? internal consistency enhances readability Does application touch all of the points raised in your synthesis? It should!

21. 21 Application to facts� Anticipate and address the counter-arguments Evaluate the strength and weakness of the counter-arguments mention the bad news Conclusions are for the judge � illustrate how you got there!

22. 22 Writing Style and Presentation Logically Organized Clearly expressed Point first writing Overall presentation White Space Headings Page numbers Footnotes

23. 23 Clarity Clear writing is essential Pay attention to paragraph and sentence structure, wordiness Be consistent in use of terminology

24. 24 Tighten up your writing� Avoid needless words and phrases Instead of �in the event that�, use �if� Instead of �this is a case which considers� write �this case considers� Instead of �owing to the fact that� use �since� or �because�

25. 25 Eliminate fluff� What does the phrase �as such� add to your analysis? What does �it is important to note that� add?

26. 26 Avoid Nominalization (changing verbs into nouns) Instead of �will make an argument� use �will argue� gave consideration to = �considered� Conducted an investigation = �investigated�

27. 27 Apportioning Word Count� No magic number! Pare down to relevant facts Succinct statement of issues Brief answer means brief! Analysis - focus on relevant aspects in the context of your fact situation

28. 28 All issues are not created equal� Say what you need to say and move on!

29. 29 Limit the use of long quotations If an outside authority can advance your argument in language more convincing than your own, use it! BUT long quotes from cases (or reproducing statutes verbatim) detracts from your analysis; these are easy to skim and the point is sometimes lost on the reader

30. 30 Quotations Keep the quote or extract short; refer only to what is essential Give context for the quote by introductory words summarizing what you expect the reader to get from it

31. 31 Refer to judges properly� No comma between name and title Mr. Justice Owen-Flood Owen-Flood J. Pay attention to gender Justice of the Court of Appeal Madam Justice Rowles Rowles J.A. Chief Justice Chief Justice Williams Williams C.J.

32. 32 Citation Follow the rules in the McGill Guide Provide parallel citations when they are available If there is a neutral citation � use it! If there are paragraph numbers in the judgment use them for pinpoint citation

33. 33 Common Errors in Memo Writing Inaccurate analysis of law Fact (from a precedent case or from case at hand) referred to in the application to facts without being mentioned elsewhere in the memo Relevant fact omitted from �Facts� section Brief answers are too long!

34. 34 Common Errors� Incomplete synthesis � eg leaving out an element of the tort Poor organization � use your synthesis as a check list! States conclusions only in application to facts instead of arguing both sides Errors in quotations, citation, punctuation

35. 35 Polish Your Work Practice the 5 time read through from general to specific! Accuracy Organization Paragraph and sentences: structure and clarity Grammar and Punctuation Citation