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Guidelines in Drafting Legal Memo
Guidelines in Drafting Legal Memo
DRAFTING A LEGAL
MEMORANDUM
Manila Law College
Initial stages
Time management/Deadlines
When did you receive the assignment?
When is the document due?
When is the research due?
When is an outline due?
When is the draft due?
When are the edits due?
When is proofreading due?
Initial stages
Pre-writing
Have you brainstormed and jotted down ideas, bullets, and
questions?
Have you organized your ideas into a chart?
Have you organized your ideas into an outline?
Writing
Have you built your document by writing quickly, making sure not to
Revising
Have you used roadmaps to give the reader context
before detail?
Did you logically develop your ideas, going from general
to specific?
Have you used headings and subheadings in a logical
order and structure?
Could the reader throw a dart at any page and understand
how each point relates to the thesis?
Is your analysis complete and organized?
Revising
Have you stated your conclusion at the outset?
Have you then stated the rule or legal test/standard?
Have you then explained the law or proved the rule?
Have you then applied the law to your clients case?
Have you then stated your conclusion?
If writing a persuasive document, did you put your
Editing
Is every legal principle supported by relevant, credible and
Editing
Have you dealt with potential weaknesses and
counterarguments?
If using statutory analysis, have you applied the language
used in the statute to the facts of your case?
If using rule-based analysis, have you applied each part of
the rule to your clients case?
Have you stated and applied policy and fairness
considerations to your clients facts?
Have you used strong topics/thesis sentences as the first
sentence of each paragraph that reflects the point of the
paragraph and utilizes the position of your client?
Have you reviewed the paragraph structure? Is each
paragraph about one idea?
Editing
Have you reviewed your paragraph length? Is it too long?
Proofreading
Are your citations in the correct place?
Are your citations in the correct format?
Did you omit passive voice?
Are your sentences expression of complete thoughts or
Proofreading
Have you used plain language and omitted legalese?
Have you used the correct word when choosing between
Proofreading
Are you using semicolons properly?
Have you used commas in appropriate places?
Did you spell check?
Did you check for typos?
Did you follow the correct format? (efficient use of paper rule)
Did you use the proper tone objective vs. subjective? (a subjective voice is an
CLASS DISMISSED!
This Legal writing techniques was culled from the Legal Practice
Skills Program, Suffolk University Law School, Boston MA.
Next meeting, we will discuss:
(BRING A YELLOW PAD PAPER FOR EXERCISES)
1. Getting the facts right
2. Knowing the legal dispute
3. Identifying issues
Threshing out the argument
5. Writing the argument
6. Graded pre-final exams (BRING YOUR OWN YELLOW PAD
PAPER)
4.