How to write a legal memo on a case

The argument is that the indictment of Manafort for business dealings is unrelated to and took place years before Russian election interference and alleged collusion. As you know, our practice is not to confirm the existence of ongoing investigations, especially those investigations that involve classified matters, but in unusual circumstances where it is in the public interest, it may be appropriate to do so as Justice Department policies recognize. This is one of those circumstances.

How to write a legal memo on a case

Predictive Writing for Office Memos The reader depends on you to present strengths and risks objectively.

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The predictive memo is a document used for decision-making, whether it is: On the other hand, persuasive writing is strategic. As an advocate, you craft every element to convince the reader that your position is correct. Elements of Predictive and Persuasive Writing The elements of predictive and persuasive writing will be the same.

The tone, word choice, sentence structure, organization, and emphasis in predictive and persuasive writing differ greatly: Predictive writing uses neutral language while persuasive writing uses loaded words to appeal to a reader's reason or emotion.

Predictive writing present the facts in a balanced fashion, while persuasive writing often plays up the facts important to the client's position and plays down facts that are less favorable. Predictive writing discusses all sides of an issue while persuasive writing emphasizes the arguments that support the client's position and distinguishes all other arguments.

Neutrality doesn't mean you abandon the client's interests or goals. You still make your best effort to overcome weaknesses and address counterarguments. The Challenge of Objectivity Our professional role as the neutral and objective advisor is often challenged by some subtle and some not so subtle biases: We often have our clients' image and their problem in our mind as we research and evaluate the case law.

We hear the clients' version of the facts first and are inclined towards their perspective.

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We would prefer to give clients good news about the strength of their position or the likelihood they will achieve their objectives. And then there is the other natural tendency of many lawyers to want to win.

how to write a legal memo on a case

Predictive memos must withstand the natural tendency to lean towards your side's point of view. Auditing Your Memo for Neutrality and Objectivity A good habit to get into is to audit your memo's content, tone, and word choice for neutrality and objectivity.

Here are some questions to query your text with: Are all the legally relevant facts included, no matter how inconvenient? Have you raised all the legal issues, even if they complicate your analysis? Does your analysis and prediction discuss all sides?

Have you covered all the counterarguments? Are you straightforward in describing the risks? Have you explained what is debatable given the particular facts?

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Selective use of facts Reluctance to acknowledge the strength of a conclusion or counterargument that does not support your client's position Conclusions presented as facts How have you framed your issue statement?Jul 22,  · In , the Watergate special counsel, Leon Jaworski, had also received a memo from his staff saying he could indict the president, in that instance .

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The smallest American Ford vehicle since , the Pinto was the first subcompact vehicle produced by Ford in North America; the Pinto was also the first mass-produced American car . T he most extremist power any political leader can assert is the power to target his own citizens for execution without any charges or due .

Speaking and writing are distinctive versions of the same language, unique in their output, syntax and function. Presenters and trainers need to appreciate the differences to know when to speak, to write or to use both in tandem. The Ford Pinto is a subcompact car that was manufactured and marketed by Ford Motor Company in North America, sold from the to the model years.

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how to write a legal memo on a case

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