Legal Research Memorandum

Introduction

·         objective

·         critical analysis of a legal problem

·         informative document that summarizes research and analysis of a legal issue raised by the facts of a client's case

·         it presents an objective legal analysis and includes the arguments in favor and in opposition to a client's position

·         preparation of legal research memorandum is a multi step process involving the integration of legal research, analysis and writing

Office Memos

·         to identify and record the law that applies to a specific issue or issues raised by a client's facts

·         to analyze and explain how the law applies to an issue

·         to access the strengths and weaknesses of a client's case

·         to present a conclusion and proposed solution based on the analysis

Basic Legal Research Memorandum Format

·         heading

·         statement of assignment

·         issue

·         brief answer

·         statement of facts

·         analysis

·         rule of law

·         case law

·         application of law

·         counter analysis

·         conclusion

·         recommendation

Complex Legal Research Memorandum Format

·         heading

·         statement of assignment

·         issue 1

·         issue 2

·         issue 3

Checklist

·         Is the issue correctly identified?

·         is the applicable rule of law included?

·         is the citation of the rule correct?

·         Is the legal question clearly stated?

·         Are the key facts included?

·         If there are multiple issues, are they presented in the proper order? (logical or chronological)

Format of Presenting Case Law

Recommended Format for Presenting the Case Law that Interprets How the Rule of Law Applies

·         Name and Citation of Court Opinion - provide the name and citation of the case

·         Facts of the Case - provide those facts from the case that are sufficient to demonstrate that the case is on point

Rule of Law

·         identify the rule of law or legal principle adopted by the court that applies to the issue addressed in the memo

Analysis Section

·         Does it follow the proper format?

·         Is case law presented on point?

·         Is the proper citation presented for each rule of law and authority included in analysis?

·         Is there separate analysis section for each issue addressed in the memo?

·         Is the rule of law presented in the analysis applied to the issue raised by the facts of the client's case?

Is there a counter analysis and rebuttal to the counter analysis if necessary?

Conclusion Section

·         Does the conclusion include a brief summary of the analysis of each issue?

·         Is all of the law discussed in the analysis section summarized in the conclusion, both enacted and case law?

·         Is new information or authority excluded from the conclusion?