Organization of Organization of Legal Memoranda Legal Memoranda

Outline of Closed MemoOutline of Closed MemoParts of Legal MemorandaParts of Legal Memoranda

Introduction to Introduction to Office Memoranda Office Memoranda

Lawyers communicate legalLawyers communicate legalanalysis by letters, motions,analysis by letters, motions,appellate briefs but mostappellate briefs but mostcommonly with the office memo. commonly with the office memo.

The office memo presents to a senior The office memo presents to a senior lawyer your analysis of the case at any lawyer your analysis of the case at any given time. given time. 

Office MemorandaOffice Memoranda

Be objective as opposed to persuasive. Be objective as opposed to persuasive.

Evaluate strengths andEvaluate strengths andweaknesses of the case. weaknesses of the case.

The office memo shouldThe office memo shouldenable the senior attorneyenable the senior attorneyto emphasize the strongerto emphasize the strongerarguments and respond toarguments and respond tothe counter-arguments.the counter-arguments.

Using a legal toneUsing a legal tone

The objective tone of the memo, unlike a law The objective tone of the memo, unlike a law school essay exam, should NOT convey a school essay exam, should NOT convey a detached indifference to the outcome. detached indifference to the outcome.

Be an advocate for your client.Be an advocate for your client.

Do not abandon a client’s cause to readily Do not abandon a client’s cause to readily but instead recommend ways to overcome but instead recommend ways to overcome weaknesses/counter-arguments in the case.weaknesses/counter-arguments in the case.

Remember Your Audience:Remember Your Audience:

Most attorneys will not needMost attorneys will not needa lesson in fundamental legala lesson in fundamental legalprocedure, even if that wasprocedure, even if that waspart of part of youryour research. research.

However, the attorney may notHowever, the attorney may notbe a specialist in the field yoube a specialist in the field youare researching and thus willare researching and thus willexpect to receive core ofexpect to receive core ofinformation about the information about the controlling law. controlling law.

Six Parts of an Office MemoSix Parts of an Office Memo

HeadingHeading Questions Presented Questions Presented Brief AnswersBrief Answers Facts Facts Legal Discussion Legal Discussion ConclusionConclusion

The Six Parts of the Memo The Six Parts of the Memo

Serve to Accomplish the following:Serve to Accomplish the following: Questions PresentedQuestions Presented

Identify the precise legal issuesIdentify the precise legal issues

Brief AnswersBrief Answers Answer the precise legal issuesAnswer the precise legal issues

Facts SectionFacts Section Records the known factsRecords the known facts

Discussion SectionDiscussion Section Identifies and cites the important legal authorities; Identifies and cites the important legal authorities; provides facts, holding and reasoning of the precedent provides facts, holding and reasoning of the precedent

cases;cases; presents a legal analysis of the issues; andpresents a legal analysis of the issues; and predicts the way a judge or jury might rule. predicts the way a judge or jury might rule.

The Legal Discussion Section:The Legal Discussion Section: Threshold IssuesThreshold Issues

The order in which you discuss your questions The order in which you discuss your questions presented (legal issues) depends upon the presented (legal issues) depends upon the particular problem or issue.particular problem or issue.

Threshold questions alwaysThreshold questions always come first because their come first because their application dictates application dictates whether analysis of other whether analysis of other legal rules are necessary. legal rules are necessary.

Ordering the IssuesOrdering the Issues

For example, if a person is not an owner For example, if a person is not an owner or keeper or a dog, it does not matter or keeper or a dog, it does not matter whether he or she had prior knowledge whether he or she had prior knowledge of a vicious propensity. of a vicious propensity.

If the problem does not involve a If the problem does not involve a threshold question, argue your stronger threshold question, argue your stronger issue first to win favor with the reader.issue first to win favor with the reader.

Organizational Building Blocks for the Organizational Building Blocks for the Legal Discussion SectionLegal Discussion Section of the Office of the Office

MemoMemo

IISSUESSUE Draft Point-HeadingsDraft Point-Headings

RRULES ULES Use a Rule Paragraph and Road MapUse a Rule Paragraph and Road Map

AANALYSIS/NALYSIS/APPLICATIONAPPLICATION Use Sub-point headings or topic Use Sub-point headings or topic

sentences and transitionssentences and transitions CCONCLUSIONONCLUSION

Integrate law/fact/reasoning in the Integrate law/fact/reasoning in the predictionprediction

Structuring Your Legal Analysis: Structuring Your Legal Analysis: Organizational Building BlocksOrganizational Building Blocks

ISSUESISSUES Draft Point-HeadingsDraft Point-Headings

The Rule of LawThe Rule of LawIllinois Animal Control ActIllinois Animal Control Act

The Illinois Animal Control Act provides as The Illinois Animal Control Act provides as follows: follows:

If a dog or other animal , withoutIf a dog or other animal , without provocation, attacks or injures any provocation, attacks or injures any person who is peaceably conducting person who is peaceably conducting himself in any place where he may himself in any place where he may lawfully be, the owner of such dog or lawfully be, the owner of such dog or other animal is liable in damages to other animal is liable in damages to such person for the full amount of the such person for the full amount of the injury sustained. injury sustained.

510 Ill. Comp. Stat. Ann. (West 1993)510 Ill. Comp. Stat. Ann. (West 1993)

Point- Headings :Point- Headings :In Order to Create them you In Order to Create them you

must…must… Condense and translate your issues into thesis Condense and translate your issues into thesis

sentences using the format sentences using the format

““predictionprediction-- “because” “because”-- reasonsreasons””

I. The court will likely find I. The court will likely find (prediction)(prediction) that Host can be that Host can be classified as Oscar's owner within the meaning of the Animal classified as Oscar's owner within the meaning of the Animal Control Act Control Act becausebecause (reasons)(reasons) Host provided a measure of Host provided a measure of care that only owners or haborers usually do.care that only owners or haborers usually do.

II. The court will likely find II. The court will likely find (prediction)(prediction) that Stumble did not that Stumble did not provoke Oscar within the meaning of the Animal Control Act provoke Oscar within the meaning of the Animal Control Act becausebecause (reasons)(reasons) the dog attack was disproportionate to the dog attack was disproportionate to Stumble’s conduct.Stumble’s conduct.

Now insert them as point- headings in your outline (I. , II…)Now insert them as point- headings in your outline (I. , II…)

Structuring Your Legal Structuring Your Legal Analysis: Organizational Analysis: Organizational

Building BlocksBuilding Blocks

RULES RULES Use Rule ParagraphsUse Rule Paragraphs

Remember !Remember !

If your rule of law comes from a statute If your rule of law comes from a statute the rule paragraph should quote and cite the rule paragraph should quote and cite the statutethe statute

Statutory rule paragraphs, rule sentences Statutory rule paragraphs, rule sentences and case discussions of precedent cases and case discussions of precedent cases all go in the rules section. all go in the rules section.

Continue with a “Roadmap”Continue with a “Roadmap” ““Roadmaps” areRoadmaps” are

introductory paragraphs introductory paragraphs that tell your readerthat tell your readerwhere you are going. where you are going.

(See hand-out)(See hand-out)

The Road-Map ParagraphThe Road-Map Paragraph

The Roadmap paragraph makes it easier for The Roadmap paragraph makes it easier for the reader to follow the progression of your the reader to follow the progression of your legal analysis by setting out a description of legal analysis by setting out a description of your discussion. your discussion.

Usually this includes identifying for your Usually this includes identifying for your reader the statutory or common law reader the statutory or common law elements which must be proved in the order elements which must be proved in the order you plan to discuss them and identifying you plan to discuss them and identifying which are “at issue.”which are “at issue.”

ExampleExample

Four elements must be proven to place Four elements must be proven to place liability on a defendant under the Illinois liability on a defendant under the Illinois Animal Control Act. The plaintiff must Animal Control Act. The plaintiff must first first prove that an injury was caused by a dog prove that an injury was caused by a dog owned or harbored by the defendant. owned or harbored by the defendant. Next,Next, the plaintiff must prove that he or she did the plaintiff must prove that he or she did not provoke the attack but was peaceably not provoke the attack but was peaceably conducting themselves at the time of the conducting themselves at the time of the attack.attack.

ExampleExample Finally,Finally, the plaintiff must prove that he or the plaintiff must prove that he or

she had a legal right to be at the place she had a legal right to be at the place where the injury occurred. where the injury occurred. Nelson v. LewisNelson v. Lewis, , 344 N.E.2d 268, 270 (Ill. App. Ct. 1976) . 344 N.E.2d 268, 270 (Ill. App. Ct. 1976) . Because there is no dispute as to whether Because there is no dispute as to whether Stumble had a legal right to be on the Stumble had a legal right to be on the property, this memo will address first property, this memo will address first whether Host is an owner and next whether whether Host is an owner and next whether Stumble provoked the dog under the Stumble provoked the dog under the statute.statute.

Rule ParagraphsRule Paragraphs Remember that you can and should also Remember that you can and should also

use rule sentences to explain to your use rule sentences to explain to your reader the applicable law and any reader the applicable law and any analytical categories.analytical categories.

Also remember case discussions of the Also remember case discussions of the precedent cases goes in the rules precedent cases goes in the rules section. Often they may help explain the section. Often they may help explain the elements of a statute.elements of a statute.

Structuring Your Legal Structuring Your Legal Analysis: Organizational Analysis: Organizational

Building BlocksBuilding Blocks

ANALYSIS/ANALYSIS/APPLICATIONAPPLICATION Use point-headings and topic Use point-headings and topic

sentences/transitions.sentences/transitions.

Sub-Point HeadingsSub-Point Headings Sub-points headings should be used for Sub-points headings should be used for

complex or multi-element Point-complex or multi-element Point-headings. headings.

Assume for example, that the law Assume for example, that the law stated that provocation could be proved stated that provocation could be proved by either physical contact with a dog or by either physical contact with a dog or by verbal harassment and teasing. by verbal harassment and teasing.

Your Sub-Point heading might look like Your Sub-Point heading might look like this:this:

Sub-Point Sub-Point HeadingsHeadings

I. The court will likely find that Host can be classified I. The court will likely find that Host can be classified as Oscar's owner within the meaning of the Animal as Oscar's owner within the meaning of the Animal Control Act because Host provided a measure of care Control Act because Host provided a measure of care that only owners or haborers usually do.that only owners or haborers usually do.

II. The court will likely find that Stumble did not II. The court will likely find that Stumble did not provoke Oscar within the meaning of the Animal provoke Oscar within the meaning of the Animal Control Act because the dog attack was Control Act because the dog attack was disproportionate to Stumble’s conductdisproportionate to Stumble’s conduct..

A. Stumble did not provoke Oscar by means of physical A. Stumble did not provoke Oscar by means of physical contact.contact.

B. Stumble did not provoke Oscar by means of verbal B. Stumble did not provoke Oscar by means of verbal harassment or teasing.harassment or teasing.

Topic SentencesTopic Sentences and Transitions and Transitions

Use topic sentences to focus theUse topic sentences to focus thereader’s attention on what will reader’s attention on what will come next. (First, Next, etc.)come next. (First, Next, etc.)

Topic sentences often appear asTopic sentences often appear asthe first sentence of a paragraphthe first sentence of a paragraphand introduce a factor or analyticaland introduce a factor or analyticalcategory to be applied where the category to be applied where the discussion is not long enough for a discussion is not long enough for a sub-point headingsub-point heading

Don’t ForgetDon’t Forget

Counter arguments to the Counter arguments to the application of a factor or application of a factor or analytical category go at analytical category go at the end of the respective the end of the respective application of that factor application of that factor or category.or category.

The Outline of the MemoThe Outline of the Memo

Is due in class this Thursday, Sept. 2.Is due in class this Thursday, Sept. 2.

Should cover ONLY the legal Should cover ONLY the legal discussion or analysis sectiondiscussion or analysis sectionof the memoof the memo

Should resemble the sample outline. Should resemble the sample outline.

Should include a cover page with your legal Should include a cover page with your legal writing section and anonymous number.writing section and anonymous number.

The Outline of the MemoThe Outline of the Memo

Should be no more than two pages Should be no more than two pages (double spaced and 12 point Courier New)(double spaced and 12 point Courier New)

Should include any necessary road-maps.Should include any necessary road-maps.

Should include a place for Should include a place for

case discussions case discussions applications applications counter-analysis and a response.counter-analysis and a response.

Structuring Your Legal Structuring Your Legal Analysis: Organizational Analysis: Organizational

Building BlocksBuilding Blocks

CONCLUSIONCONCLUSION Integrate law and fact in the predictionIntegrate law and fact in the prediction

The Conclusion SectionThe Conclusion Section

Your memo should Your memo should contain mini-conclusions contain mini-conclusions at the end of the discussionat the end of the discussionof lengthy elements and aof lengthy elements and aconclusion section at the conclusion section at the end of each issue which end of each issue which addresses the question addresses the question presented. presented.

The reasoning of your conclusions The reasoning of your conclusions should integrate the law with the facts should integrate the law with the facts of your client’s case as well as make of your client’s case as well as make predictions predictions

Example of a Conclusion:Example of a Conclusion:

The court will likely find that Host was an owner The court will likely find that Host was an owner under the Animal Control Act. under the Animal Control Act. (prediction)(prediction)

A person who harbors a dog can be classified as A person who harbors a dog can be classified as the dog’s owner within the meaning of the the dog’s owner within the meaning of the Animal Control Act. Animal Control Act. (law part)(law part)

Because Host undertook to care for Oscar by Because Host undertook to care for Oscar by feeding him on a semi-permanent basis, as well feeding him on a semi-permanent basis, as well as regularly brushing him, Host provided a as regularly brushing him, Host provided a sufficient level of care to be considered an sufficient level of care to be considered an owner under the statute.owner under the statute.(fact/application part)(fact/application part)