Tuesday, November 17, 2009

The Legal Memorandum

The legal memorandum is a legal document used by legal professionals to convey certain information by researching an area of law thoroughly and setting forth your findings, both positively and negatively to your side, in a specific format. The purpose of this is so that you are aware of the strengths and weaknesses of your case so that your supervising attorney can make a better informed decision about how to proceed with the case. Researching and writing a memorandum is often a challenging but satisfying task because it requires the paralegal to integrate both their research and writing skills and to present these in such a way that a reader can know exactly the strengths and weaknesses of a specific case.
When writing a memorandum it’s important to remember to be objective. The most difficult part of writing a memo is remaining neutral to the case and your client and staying objective. The phrases “I feel” or “I believe” should be ignored while writing a memorandum. The memorandum is used to be informing to the reader of the findings of the authorities and not interjecting your opinions.
The memorandum also needs to be specific. While doing your research try to match similar facts that are in this case with other cases. The closer you can get to another case having the same facts the better your potential argument will be later during the case. Only look for specific questions of law during this research and avoid things that may closely resemble legal questions in your case.
The paralegal should also be complete in writing the memorandum. The task of the memorandum is to read and analyze the cases and apply them to the facts of the client’s case, then presenting this as a finished professional research memorandum. Put yourself in your supervisor’s place and consider what you would need to know to understand fully the client’s case.
Some tips to think about while writing a memorandum include to not use first person pronouns. Use the complete Bluebook citation form so that if the memorandum becomes the basis for a document submitted to court, you will not have to return to the law library to track down cites. Some law firms maintain files of previously prepared memorandums. Before beginning a new project, check the memorandum back to see if a memo on your topic has previously been prepared. If no memorandum bank exists, offer to establish one. Some attorneys prefer that all cases cited in the memorandum be photocopied and attached to the memorandum for ready reference. Gather all documents and materials before you begin to write. After you shepardize or keycite, provide your supervisor with copies of cases that negatively affect any cases cited in the memorandum so they can be reviewed. Save memorandums you have prepared and others you come across in your own mini-memo bank. You may be surprised how often you will need to retrieve previously prepared memos to verify certain legal issues or to use as a starting point for a new project.

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