c h a p t e r3 w r i t i n g a n o f f i c e m e m o r a n d u m（w c h p t e r3 r i t i n g n o f f i c e m e m o r n d u m）（12页）.docVIP

WRITING AN OFFICE MEMORANDUM If you work as a paralegal or law clerk after your first or second year of law school, you will most likely spend some of your time researching and writing objective memoranda, or interoffice memos. Typically, an attorney asks you to provide a realistic analysis of the law as it applies to the facts of a client’s case. The purpose is to inform – not persuade. Although you should remember which conclusion favors your client, also keep in mind that you will represent the client most effectively by being objective and realistic. The memo might be read many times – possibly, over a period of months or years by several different attorneys, including the writer, who may use it as a resource long after it is drafted. The attorney will use the information contained in the memo to advise the client and may use it to prepare a document that will ultimately be filed in court. For example, a partner may be asking you whether a particular client has a valid legal claim. If you conclude that the answer is “yes,” then this will probably turn into a lawsuit. At that point, some parts of the memo may be incorporated when the complaint is drafted. The memo might me consulted a third time when the attorney responds to a motion to dismiss; a fourth time while drafting interrogatories; a fifth time before making a motion for summary judgment; a sixth time before trial; and a seventh during an appeal; and so on. PARTS OF MEMO A memorandum heading The Issue (sometimes called Question Presented) states the question(s) that the memorandum resolves. The Issue also itemizes the few facts that you predict to be crucial to the answer. (Such as travel expenses to out-of-state, keeping child out of danger, and commission of crime). The reader should understand the question without having to refer to the facts. Brief Answer (sometimes called Conclusion) states the writer’s prediction and summarizes concisely why it is likely to happen. Some wr