April 26, QUESTION PRESENTED 1 Under New York law, 2 did 3 Loman's Fashions' description of a designer leather coat in an advertising circular constitute an offer 4 to sell the coat which became a binding contract when the text of the advertisement indicated that the coats were a "manufacturer's closeout" and that the early shopper would be rewarded, and when a shopper signified her intent to purchase the coat according to the advertised terms? The ad announced that the store would open at 7 a.
Predictive Writing for Office Memos The reader depends on you to writing a legal memo discussion section strengths and risks objectively. The predictive memo is a document used for decision-making, whether it is: On the other hand, persuasive writing is strategic.
As an advocate, you craft every element to convince the reader that your position is correct. Elements of Predictive and Persuasive Writing The elements of predictive and persuasive writing will be the same.
The tone, word choice, sentence structure, organization, and emphasis in predictive and persuasive writing differ greatly: Predictive writing uses neutral language while persuasive writing uses loaded words to appeal to a reader's reason or emotion.
Predictive writing present the facts in a balanced fashion, while persuasive writing often plays up the facts important to the client's position and plays down facts that are less favorable. Predictive writing discusses all sides of an issue while persuasive writing emphasizes the arguments that support the client's position and distinguishes all other arguments.
Neutrality doesn't mean you abandon the client's interests or goals. You still make your best effort to overcome weaknesses and address counterarguments. The Challenge of Objectivity Our professional role as the neutral and objective advisor is often challenged by some subtle and some not so subtle biases: We often have our clients' image and their problem in our mind as we research and evaluate the case law.
We hear the clients' version of the facts first and are inclined towards their perspective. We would prefer to give clients good news about the strength of their position or the likelihood they will achieve their objectives.
And then there is the other natural tendency of many lawyers to want to win. Predictive memos must withstand the natural tendency to lean towards your side's point of view.
Auditing Your Memo for Neutrality and Objectivity A good habit to get into is to audit your memo's content, tone, and word choice for neutrality and objectivity. Here are some questions to query your text with: Are all the legally relevant facts included, no matter how inconvenient? Have you raised all the legal issues, even if they complicate your analysis?
Does your analysis and prediction discuss all sides? Have you covered all the counterarguments? Are you straightforward in describing the risks? Have you explained what is debatable given the particular facts? Selective use of facts Reluctance to acknowledge the strength of a conclusion or counterargument that does not support your client's position Conclusions presented as facts How have you framed your issue statement?
Predictive issue statements do not presuppose an answer Persuasive issue statements lead the reader to reach the writer's conclusion Compare these issue statements: Are your words precise and clear? Have you stuck to observable facts? Have you avoided emotional words that trigger a reader's bias?
Petty nearly always forgets to pick up his son, Stephen, at the daycare.
He routinely sails in just as the centre's frustrated director is preparing to call Stephen's mother to come and rescue the boy. Stephen is now a fretful and anxious child, refusing to go to daycare at all, deeply fearing that his father will abandon him completely.
Petty was frequently late picking his son up from the daycare. He often arrived just as the Centre was closing and the Director was preparing to call Stephen's mother to pick him up.
Stephen now exhibits symptoms of anxiety. He told his mother that he does not want to go to daycare because his father might not pick him up.
As your discussion section moves from explaining to applying the law, legal readers start to test your analysis against their own thinking process and knowledge.
Legal readers will be looking for cues that you have thought through the multiple ways cases, statutes, and client facts can be interpreted.The part of the memo containing all legal analysis. In this section, you thoroughly answer each question presented by presenting a clear and concise analysis setting forth both the strengths and weaknesses of your client's case before predicting how each legal issue will be resolved.
The most important thing to note before addressing the model template for a legal memo is not some technical aspect of writing. The most important thing to have firmly settled in your mind is an understanding of the intent of the assignment. The Discussion section should be broken down into a separate part for each discrete legal issue covered in the memorandum; subheadings are helpful here.
The discussion of each issue should include an introduction, an explanation of the applicable legal rule, an application of the rule to the legal problem, and a conclusion in respect of that issue.
A Guide to Writing a Legal Memorandum (for Small-Section Students) University of Wisconsin Law School. Fall This guide summarizes general advice for first-semester students on how to write a memorandum of law. The part of the memo containing all legal analysis. In this section, you thoroughly answer each question presented by presenting a clear and concise analysis setting forth both the strengths and weaknesses of your client's case before predicting how each legal issue will be resolved.
Typically, you will organize your discussion of the legal rule into subsections that correspond to the elements of the legal rule.
For example, if you are analyzing a tort, you might break your discussion into three sections: (1) whether the defendant owed the plaintiff a duty, (2) whether the defendant breached that duty, and (3) whether the plaintiff suffered any damages.