Legal Writing

• Author: Arlene Blatt/JoAnn Kurtz
• Pages: 287-309

287

15

Legal Writing

Learning Outcomes

After reading this chapter, you will understand:

• The format of a memo of law

• The format of an opinion letter

• The practical steps involved in writing a memo of law

• The practical steps involved in writing an opinion

letter

• Some principles of good legal writing

Introduction 288

Writing a Memo of Law 288

Format of a Memo of Law 288

Heading 289

Introduction 289

Facts 289

Issue(s) 289

Law 289

Discussion 290

Conclusion 290

References 290

Attachments 290

Steps in Creating a Memo of Law 290

Writing an Opinion Letter 291

Exercises 293

Appendix 15.1 302

What Is Legal Writing? 302

What Is Good Legal Writing? 302

Some Rules of Good Writing 308

Copyright © 2020 Emond Montgomery Publications. All Rights Reserved.

288 PART VII PUTTING IT ALL TOGETHER

Introduction

When you complete your legal research, you will most likely have to record and/or

communicate your research findings in writing. It is important that you be able to do

this in a clear and concise manner. This chapter discusses two forms of legal writing:

memos of law and opinion letters. As a bonus, the chapter ends with some general

guidance on how to write well (see Appendix 15.1).

In both opinion letters and memos of law, the writer sets out a question or a fact

situation that the client has presented, and then sets out the law that relates to (and

if possible determines) that question or fact situation. An opinion letter will always, in

addition, suggest possible courses of action and the legal consequences of each

course of action. A memo may also do this.

Writing a Memo of Law

The results of legal research that are intended for internal use in the firm are often

recorded in a memorandum (or memo) of law, often a “memo to file” rather than a

memo to another legal professional. Writing a memo of law after performing your

research ensures that the research won’t be wasted; it will be available the next time

it’s needed, in an easily comprehended form. A memo of law may form the basis of

an opinion letter written either by the researcher or by another member of the firm.

Before you prepare the final version of a memo of law according to the format set

out below, use a list of steps to work through the form systematically. These steps are

described below, under the heading “Steps in Creating a Memo of Law.” You will find

a sample memo of law in Chapter 14 (see Appendix 14.1). Reread it now before we

start working through the process, and keep it handy as a reference point.

Format of a Memo of Law

Most memos of law include the following elements:

• heading,

• introduction,

• facts ,

• issue(s),

• law,

• discussion,

• conclusion(s),

• references, and

• attachments.

Copyright © 2020 Emond Montgomery Publications. All Rights Reserved.