Legal Writing

Legal Research Strategy

Efficient legal research follows a systematic approach:

1. Identify the legal question: What area of law applies? What are the key facts?
2. Begin with secondary sources: Treatises, law review articles, or restatements provide overview and citations to primary authority
3. Locate relevant statutes: If statutory law applies, read the statute and its comments
4. Find controlling authority: Research cases from your jurisdiction and court level
5. Expand your search: Look for persuasive authority if controlling authority is limited
6. Shepardize or KeyCite: Verify that cases are still good law and have not been overruled or reversed

Legal Memoranda Structure

Question Presented: Narrow, specific legal question phrased as "whether [legal issue]." Should be answerable yes/no or in a single sentence.

Brief Answer: One-sentence answer to the question presented, followed by short summary of reasoning.

Facts: Complete factual context necessary to understand the legal analysis. Organized chronologically or by issue.

Discussion: Detailed analysis of each legal issue using IRAC. Address each issue thoroughly, considering alternative arguments.

Conclusion: Summary of conclusions on each issue.

IRAC Method for Each Issue

Issue: State the specific legal question raised by these facts.

Rule: Set forth the legal rule(s) that apply. Cite to authority. If there are competing rules or open questions, address them.

Application: Apply the rule to the specific facts of the problem. This is where careful analysis occurs. Consider how the rule applies, what factors matter, and whether the facts support a conclusion under the rule.

Conclusion: Reach a conclusion on that specific issue. In objective writing, acknowledge weakness if the conclusion is not certain.

Persuasive Brief Writing

Statement of the Case: Organize facts persuasively. Emphasize favorable facts and minimize unfavorable ones through presentation order and emphasis. Use active voice for favorable facts, passive for unfavorable.

Argument Section: Advance your client's position. Frame issues in the most favorable light. Use the strongest arguments first. Address weaknesses head-on before the opponent does.

Point Headings: Use strong, argumentative headings that state the desired conclusion ("The Contract is Unenforceable Due to Unconscionability" rather than "Unconscionability").

Citation Essentials (Bluebook)

• Cases: Lastname v. Lastname, Volume Reporter Page (Court Year) e.g., Palsgraf v. Long Island Railroad Co., 248 N.Y. 339 (1928)
• Statutes: Abbreviated name § number (Year) e.g., 28 U.S.C. § 1331 (2012)
• Secondary Sources: Author, Title Page (Publisher Year)
• Signals: See [cite] (supporting), Accord [cite] (agreement), But see [cite] (contrary), Contra [cite] (directly contrary)

Writing Quality Principles

• Use active voice: "The defendant breached the contract" rather than "The contract was breached by the defendant."
• Use concrete nouns: Replace vague pronouns with specific references to people, things, or concepts.
• Use strong verbs: Choose precise, concrete verbs rather than weak verbs with modifiers.
• Avoid jargon and verbosity: Legal writing should be clear and concise. Use simpler words if they communicate the same meaning.
• Vary sentence length: Mix short, punchy sentences with longer, more complex ones for readability and impact.
• Use proper headings: Roadmap your analysis with descriptive, informative headings that help the reader navigate.

Revision and Editing Checklist

• Does the writing address the specific question posed?
• Is the legal authority current and correctly cited?
• Are all elements of the IRAC method present for each issue?
• Is the analysis objective and thorough, addressing counter-arguments?
• Is the writing clear, concise, and free of jargon?
• Are facts stated accurately and without misrepresentation?
• Is the conclusion supported by the analysis?
• Are there any spelling, grammar, or citation errors?