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1、WRITING AN OFFICE MEMORANDUMIf you work as a paralegal or law clerk after your first or second year of law school, you will most likely spend some of your time researching and writing objective memoranda, or interoffice memos. Typically, an attorney asks you to provide a realistic analysis of the la
2、w as it applies to the facts of a clients case. The purpose is to inform not persuade. Although you should remember which conclusion favors your client, also keep in mind that you will represent the client most effectively by being objective and realistic.The memo might be read many times possibly,
3、over a period of months or years by several different attorneys, including the writer, who may use it as a resource long after it is drafted. The attorney will use the information contained in the memo to advise the client and may use it to prepare a document that will ultimately be filed in court.
4、For example, a partner may be asking you whether a particular client has a valid legal claim. If you conclude that the answer is “yes,” then this will probably turn into a lawsuit. At that point, some parts of the memo may be incorporated when the complaint is drafted. The memo might me consulted a
5、third time when the attorney responds to a motion to dismiss; a fourth time while drafting interrogatories; a fifth time before making a motion for summary judgment; a sixth time before trial; and a seventh during an appeal; and so on. PARTS OF MEMO Be sure to keep in mind that an office memo is an
6、internal document for law firms; therefore, each particular firm is likely to have a preferred format. For example, the firm may use different words for different sections title, may order sections differently than described here, or it may include other sections not described in this manual. If you
7、r reader (whether it be your professor or your employer) has a preferred format, obviously use it. If you are not sure if your reader has a particular preference, then ask!1. A memorandum heading 2. The Issue (sometimes called Question Presented) states the question(s) that the memorandum resolves.
8、The Issue also itemizes the few facts that you predict to be crucial to the answer. (Such as travel expenses to out-of-state, keeping child out of danger, and commission of crime). The reader should understand the question without having to refer to the facts.3. Brief Answer (sometimes called Conclu
9、sion) states the writers prediction and summarizes concisely why it is likely to happen. Some writers begin with a direct response such as “yes” or “probably not.” Our book says that they do not prefer this. Sometimes this is client or partner driven. Also, some questions lend themselves to answers
10、such as “yes” or “no.” Allusion to determinative facts and rules. Do not omit key facts. Begin by just re-stating your issue as a declarative sentence. Do not omit the reasoning. Do not include citation to authority or application of relevant law. Many attorneys only read this part. 4. Facts set out
11、 the facts on which the prediction is based.5. Discussion is the largest and most complex part of memo. It proves the conclusion set out in brief answer. If the discussion is highly detailed or analyzes several issues, it should be broken down into subheadings. Here is what the memo will look like a
12、nd more information on each section.MEMORANDUMTO:Senior Partner Please block-indent so that the information lines up, as demonstratedFROM:Your NameDATE:(date assignment is submitted)RE:(A concise label for the issue considered: mention the parties; your firm will file your Memo by names and cause of
13、 action-and, perhaps, by jurisdiction)The proper format is always double-spaced. Do not double-double space between sections. Plain old, regular double-space is sufficient. FACTSHere, recite all material facts, usually in chronological order. A material fact is a dispositive fact, or one upon which
14、the outcome will depend. It is a fact that will affect the outcome in one way or another. Please include all material procedural facts as well as all material substantive facts. This means that it is essential to include all relevant times, dates, and places. You should begin with an overview senten
15、ce that sets the full context and begins to describe the problem presented. Please review your reading and as many samples as possible to understand both the range and scope of what is acceptable as professional practice. Remember your roleWatch for the tendency to try to “prove” something by the wa
16、y you tell the story. NO LEGAL ANALYSIS!1) USE NEUTRAL LANGUAGE AND OBJECTIVE CHARACTERIZATIONS. Rather than writing “the D was speeding through the school zone,” write “the D was traveling 50 MPH through the school zone.” Rather than writing “The D brutally beat the victim,” write “The D struck the P on the head, resulting in a cut over his left eye.”2) Incl
