Tuesday, September 16, 2008

The First "Memo"

Just submitted My First Memo (sounds like a children's toy or something) for Legal Practice (Research and Writing, in the non-§ 3 world).  It was actually a re-write of a sample, bad memo, so it's technically not completely mine, but given how much needed to be re-written, it feels a lot more like mine than the sample.

What is a memo, in law school/law world terms? Keeping in mind that I've never had a job that required me to write them (funding proposals, yes, but not true memos), an office memo, as far as I can tell from the first two weeks, is basically a document that tries to predict what the probable legal outcome of a given set of facts is.  The memo is divided into two main sections: restatement of the facts, and discussion of the likely outcomes.  Office memos are supposed to be predictive, so the tone of them is not argumentative, but neutral.  That said, you are supposed to predict something, so implicit in that requirement is a certain amount of persuasiveness, right?  I'll probably get dinged on the tone part, but that's just part of the transition to Lawyerland from undergrad, I imagine.  

The writing that we've learned to do is also incredibly formulaic--sort of a "write-by-numbers" approach.  Each memo's discussion of the likely outcomes has a conclusion at the beginning, then an explanation of the rules in question, then an application of those rules to the facts of the case, then (if needed) a restatement of the conclusion.  CREAC, as we learned it (not to be confused with IRAC, which is apparently how exam responses are structured).  In many ways, it's a step back to 5-paragraph-essays of yore, at least in the spirit of the rigid structure of the writing.  

Again, I imagine that there will be copious suggestions and comments for how to improve this effort, but I'm setting my expectations very low.  After all, the only way to learn how to do this is to make some mistakes when the stakes are practically non-existent.

Also, this isn't for a grade, which I guess is only fair, seeing how we've only been in class for just over 2 weeks.

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