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  • Office Legal Memorandum

    Diunggah oleh

    Rae
    160 tayangan27 halaman
    Office Legal Memorandum

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    Office Legal Memorandum

    Hak Cipta:

    © All Rights Reserved
    Unduh sebagai PDF atau baca online dari Scribd
    Tandai sebagai konten tidak pantas
    160 tayangan27 halaman

    Office Legal Memorandum

    Diunggah oleh

    Rae
    Office Legal Memorandum

    Hak Cipta:

    © All Rights Reserved
    Unduh sebagai PDF atau baca online dari Scribd
    Tandai sebagai konten tidak pantas
    dari 27
    fluence is present, the prewriting sage, prepate an the outline presented in section i the undue influence benefits ach step of the prewriting stage ASSIGNMENT 12 The following assignment is based om assignment § 4) ‘Chapter 17, Use the assignment memo, statutory law, and ‘ase Jaw from that assignment. The memo is due in seven ‘days, and ther isa five-page limit. 1. Describe in detail the application of each step ofthe prevritng stage to the assignment. 2. For the organization step of the prewriting stage, prepare an expanded outline based on the outline presented in section IV.A.3« of this chapter. Using the information presented inthe assignment, fil) the expanded outline. Include in the “Issue” section of the outline a broad statement ofthe issue and at least one narrow statement ofthe issue ling information, fil in the ex- statement ofthe issue, analysis, and recommendations. ate ‘The available CourseMat fr this text hasan interactive eBook and interactive learning tools, including flash cards, quizzes, and more Toloarn more aboutthis resource and access {ree demo CourseMate resources. oto wuw-cenganebrain.com, and search or this book. Toaccoss CourseMate materials that you have purchased, goto login.cengagebrain.com. emt 5 PALE ERO NT IEE: eV aa) Office Legal Memorandum: Issues and Facts Vins, paralegal with Rerdvin and Asse , recelved he ellning men To _ Jeff Lyons, Prlegal From: Rls Berdvin, ttomey Date Apil2,2013 Offie le Nor Cx 13-36 Re: Stat of Minos Mei Fh, Ci. 19°378, peleged communication Wersve been retained to represent Mer Fido nthe above-referenced case, He is charged ithassuk witha dead weapon. Me Find allegedly saute his neighbor Joseph Marka ith «hammer. Mr. Fido and Mr, Markham were arguing over the location ofa ence Me Markham wasbuiling. cording to Me Fido Me Markham became srry nd ti lwhithim witha rick. stra enaved and thetic land hit Mr Makan on the ead ‘Mc Mackham claims that Me Findo became incrssngly angry as the argument proprese Mc Fndo grabbed a hammer and trachim repestedyon the hea ad arms Mr Masham thins he never assaued Mr, Findo wih a rick. There were no wits othe agent, Ms Findo is carsently separated fom Me. Fino ad has agreed to testy against him Her (etinony is that before the confrontation, Mt Find state "Marbam so there bldng fat damn fence gain, Tl puta sop to this once and for” He grabbed hammer and went tat the door. The Findo chilten, Tomas, gp 16, and Alice age 10, were present and ear theconverston. Neither Mrs. Findo north children save the confoaation, Prepare2 memorandum adding the question of wheter te convertion between Ne and Mrs, Findo isa privileged spousal eammniation snd, therefore, aot aisle in thetrialof Me Fino. need the memo within two weeks You capably cove thisin three ave pages. orn 1. Introduction 1 Definition TI, Purposes, Uses, and Importance IV. Preveriting tage \. Sections ofthe Office Memoranda Vi Key Points Checklist: Oiice Legal Memorandum—Issies sad Pacts is Exhibit 16-1 Sections of an Office Legal Memorandum, Heading Statements af Assignment Issue Brie’ Answer Statement of Facts Analysis, Conclusion Recommendations “This chapter and Chapter 17 addees the process and considerations involved in prepar ing am ofc legal memorandum, Ihe ofce legal memorandum is usually composed of some orall ofthe sections presented in Exhibit 16-1, ‘The Application section ofthis chapter addresses the frst half of es assignmnent—the heading through the facts sections. The Application section of Chapter 17 covers the remainder ofthe assgnment—the analysis through the recommendations sections. I. INTRODUCTION “The office legal memorandum i the type of legal writing a paralegal or law clerk engaged {in legal research and analysis most frequently prepares. The role of most paralegals and law dlerks isto provide assistance and support to an atorney. When this support Lunction involves legal research, i usually focuses on research and analysis ofthe legal isues ina cient’ case “The results ofthis research and analysis are communicated tothe attorney inthe form of an office legal memorandum. Itis one ofthe most effective and valuable ways paralegals and law clerks can support an attorney “This chapter and the next are devoted to the preparation of office legal memor ‘Two chapters are devoted to this topic forthe following reasons: 1 Most law-office analytical legal writing involves the preparation of ofice legal memoranda 1 The considerations lnvelved in the preparation office legal memoranda also apply 1 the preparation of legal analysis documents designed for external use This chapter focuses on the basic formst forthe office legal memorandum and the ‘preparation of the frst halfof the memorandum: the heading through the statement of facts sections. Chapter 17 Focuses on the heart ofthe memo: the legal analysis through the ecom. mendations sections. “The preparation of an office legsl memorandum is a multistep process involving the integration of legal research, analysis, and writing, This chapter and Chapter 17 cannot be read in a vacuum. They require you to integrate the material presented in CChapter I through Chapter 15, Although itis assumed that you are familar with those chapters, cross-references to specific chapters are included to help you correlate and integrate the material ‘As mentioned previously, the majority of the legal research and writing prepared by paralegals and law clerk is designed for the use ofthe supervising attorney rather than for use ‘uteide the office. The basic formst and analytical process that ate followed ae fundamentally spsthesamefor both nfs legal aprorandin ap legal. anlsie document designed CHAPTER 16 OFFICE LEGAL MEMORANDUM: ISSUES AND FACTS ‘ternal use. Therefore, consider the information prevented here and in Chapter 17 when reaing Chapters 18 and 18, Exteral-wse documents usally involve: © Correspondence to clients or other individuals informing them of the law or the analysis ofa legal problem 1 Briefs submitted ta tral court ar court of appeals II. DEFINITION _ An office legal memorandum provides an objective, critical analysis of legal problem, isan informative document that summarizes the rscarch and analysis of the legal issue ot | sues mised bythe facts ofa client’ cas. It contains a summary ofthe law and how the law applies tothe facts ofthe case It presents an objective legal analysis and includes the argu ments in favor of and in oppesiton tthe cients postion. ‘A legal memorandum prepared for office use is referred to by many diferent names {nterofce legal research memorandum, interofie memorandum oflav, office legal memo- ‘andum, office research memorandum, objective memorandum, and Ieyal memo. Here and In Chapter 17, the term afce memo is used when refering oan ofice legal memorandum, II. PURPOSES, USES, AND IMPORTANCE ‘Te major purposes and functions of an ofice memo are a follows 1. An office memo identifies and records the law that applies to a specifi issue or issues raised by the client’ facts, 2. Ancaice memo analyzes and explains how the lav applies tothe sue. 3. Anices memo assesses the strengths and weaknesses ofthe cients cate 4, Anvoffice memo presents @ conclusion and proposed solution based on the analysis, A well-crafted office memo may be put toa variety of uses in a aw office; 1 may be used ae a guide to determine whether «claim exis, Ete) re of tho cionts potential causes of action inv ofthe implied warranty of morchanteiy In the purchaso took placo ate garago slo. The afice mema revels the applicable state, the warranty applies ony ithe sll ie ase on point provies tha intviduals holding garage sales ae ote within the meaning of ho stu. The ofce memereyees that tin exists fora breach of implied warranty of morchentebiiy, law requires the seller to inspect fr termites and disclose the re inspection to the buyer. This information may lead the attorney 10 that sotiement b 3 1 may inform subsequent researchers in the law office, working on other eases wil simslar issues and fcts, how the le applies, Fate researchers do not bave to ‘ime reinventing the wheel 1 It may refresh the memory of the atomey assigned to the case on how the aw 1p plies to an issue, This i especially true in complex cases. 146 also true when the ‘memo is prepared eazy in the case, and the attorney does not review it until masts later when the matter is addretsed bythe court it may be used asa guide by the attorney preparing a dacument to be fle with the ‘court or correspondence for the client, "The ofice memo may contain the statutiry Jaw, case law and legal analysis that ae the basis forthe preparation ofthe document “The office mema addresses the question of whether esearch war rant was improperly issued due tothe insuficioncy ofthe afdavt in support ofthe warrant. The standards required fora warrant to be sufficient are spolled out inthe affice meme, The attorney may use the office memo as ¢ basis for preparing a brifin suppor of, or opposition to, @ motion to suppress the evidence seized when the warrant was executed Office memos are of primary importance because they provide the answer to leysl questions. Their importance is eidence by the fat that fice memos ate required at exery stage ofthe tigation process ' Ezy inthe cas, they identify the required elements ofthe cause of action and wht is required to state claim. ‘They are used to determine whether the client has a defense ora cause of action {© Throughout the litigation they help determine what is required to support or oppese 1 Inthe discovery process, legal memos address discovery issues, such as what cons tutes an atorney’s work product 1 At the tril stage, office memos often analyze evidentary issue, such as whether evidence s admissible 1 At the postiril stage, effice memos may address issues rased on appeal, such 3 whether the court properly ruled on a matter during the ra. Ethics. Regardlees of the purpose ofthe memo or at what point inthe litigation process ‘tie prepared, the actions ofthe supervisory attorney and the outcomeofthecase may largely

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