Download as pdf or txt
Download as pdf or txt
You are on page 1of 4

In order to succeed in legal research and writing, you need to master the writing format that the

legal world has come to expect. Whether you write a memo or a brief, some form of the IRAC
format will be used, no matter where you work or study.

Though the nuances of the format will vary by law firm and law school, this guide is meant to
assist undergrads and law students with a few helpful hints to further mastering the style.

What does the IRAC stand for?

The IRAC methodology represents the following concepts of a legal problem:

I: The issue or legal matter at hand.


R: The rule or expected legal outcome.
A: The analysis or explanation of the relevant laws and case law. (Sometimes the “A” is referred
to as the “answer,” but the content remains the same.)
C: The conclusion or summary of your legal analysis.

Though a large majority of law schools and law firms use the IRAC, some practices will call the
format either CRAC or CREAC. The “C” typically refers to the conclusion and “E” refers to the
explanation. Regardless, the main elements will remain the same.

Just the facts, ma’am...

Though there is no “F” in IRAC, the facts section is instrumental to all IRACs. If you’re writing a
memo or brief, you’ll need to summarize the most important facts of the case. This is often
difficult for students as “issue spotting” and other legal analyses often take some time to
master. Many students write too much, while just as many write too little.

Here are some brief pointers to keep in mind:

Remember the “5 W’s and an H” from elementary school? Those elements are still relevant in
legal writing. You need a who, what, where, when, why and how in your factual analysis in order
to present as full a picture as possible.

If it’s not a clarifying detail, it’s probably safe to leave out.

Make sure all the facts you plan to mention are in this section. Too often, students will
introduce a new fact in the conclusion or analysis, which is a legal writing blunder.

Keep your paragraphs short. Too much content in one paragraph is often too difficult for a busy
lawyer or judge to read.

You can write the facts section first, but always go back and re-read your facts after you’ve
completed your analysis to make sure you address the most important points.

Tackling the legal issue


The issue is arguably the most important aspect of a legal document as it summarizes the legal
question at hand. Often referred to as the “issue statement,” the issue is written as a question
and needs to address the main aspects of a legal problem. Never use specifics such as names in
an issue statement, as this section is meant to ask a general legal question.

The easiest way to write the issue is to compose the question after you’re written every other
part of the IRAC. The issue is more or less a restatement of the conclusion, written in question
form.

Writing a perfectly formatted issue is tricky, but while you’re learning, the best style is:

Under ___________ law, ________________ when _________?

The “under” portion is the easiest as you’re merely stating the location. The next blank of the
question refers to the crime or liability, and the final blank refers to the specific case at hand.
Below are some example issue statements:

Under Maryland law, is a landlord negligent when he hasn’t replaced a broken fence for over 6
months and a wild animal came onto the property?

Under Georgia law, can a person be convicted for breaking and entering if she was attempting
to make an emergency phone call when she broke into her neighbor’s apartment?

Under Colorado law, is a doctor liable for damages when the intern under her supervision had
consensual sexual relations with her patient?

As you can tell by the above examples, your issue question needs to be able to have a “yes” or
“no” answer.

Stating the rule

The rule section is where you provide a shortened answer to your issue statement. Some law
firms and law schools will expand this section, but these helpful hints should help you no matter
what format your boss or employer suggests:

Though this may vary, generally speaking, you write the rule in the same neutral tone as the
issue in terms of not providing party names or other proper nouns.
The rule should never be more than a few sentences. This isn’t where you explain the law.
Instead, you provide a legal outcome.

In instances where several laws are applicable, you may need to have several rule statements. If
that’s the case, it’s permissible to write more than one legal issue. Be sure your number of
issues matches your number of rules.

Even if the statutes or case law is unclear or may not be fully applicable to your case, write your
rule in a definitive tone. The analysis and conclusion are where you can explain the deficiencies.

The rule may seem like a run-on sentence. That’s ok. This is one of the many examples where
typical grammatical rules don’t apply to legal writing.

Sample rules include:

Yes, a Maryland landlord is considered negligent for neglecting repairs to a fence when there
was actual and constructive notice that the damage was large enough for an intruder or animal
to pass through and cause harm.

No, a person facing an imminent threat of harm to herself and her loved ones cannot be
considered guilty of breaking and entering when trying to escape danger and contact law
enforcement.

No. In Colorado, a doctor is not responsible for preventing the consensual relations of her
intern with a patient if the relationship was unknown to the doctor and took place outside of
the hospital.

Writing the answer/analysis

The answer or analysis section is the most difficult portion of the IRAC in terms of providing
helpful hints. Each case can have drastically different circumstances and your firm or law school
may have specific grammatical and style rules that you need to follow.

Nevertheless, below are some generalized pointers that should help, no matter what additional
style rules or analysis you need to apply:

Most importantly, pick your supporting statutes and case law from the same geographic
location as your client’s case. Only law from the same federal or state court is “mandatory” for
the presiding judge to follow. Other locations’ rules are considered “persuasive” authority.

As a rule, criminal law cases will need a reference to a statute. Many civil law cases, especially
personal injury cases, may not have an appropriate statute.

Both criminal cases and civil cases should have at least two sources of case law on your topic.
Citations matter so be sure to adhere to proper Bluebook or ALWD format.

Complex cases or cases with more than one issue should have subheadings for each individual
legal topic or section.

When you’re comparing cases, use some form of analogy structure. For example:

Like the defendant in Hayes who used a knife to enter the store, our client picked open the lock
with a pocket knife.

Unlike the landlord in Cogswell who knew of the mold growth for several weeks, the landlord in
this case was only notified of mold when Mrs. Smith went to the hospital.

Concluding your IRAC

Like a scientific conclusion, the conclusion of an IRAC is a summary of your legal findings. Your
conclusion shouldn’t be longer than a paragraph, yet it should address the legal question and
offer a legal ruling. In a memo, you’ll also address questions such as whether or not the firm
should accept a case.

Though no two conclusions will ever be the same, here’s a sample to give you the proper
format:

In Texas, a landlord will be considered negligent if he or she had actual or constructive notice of
mold, yet failed to take appropriate action to correct the problem. Mrs. Smith never informed
Mr. Apple of the mold nor did Mr. Apple have any reason to come and inspect her apartment.
As a result, it’s unlikely that Mrs. Smith will be able to recover damages from Mr. Apple, and we
should decline the case.

You might also like