Advanced Legal Analysis and Writing Class 8 This is the phase of your writing where you apply the law to the facts. This is the most key component of any legal memo Everyone has access to the same facts Everyone has access to the same applicable law Drawing a conclusion that your client should win is easy The hard part (and your key role as an advocate) is explaining WHY your side should win and WHY the law supports your side more than the other side. Advanced Legal Analysis and Writing Class 8

Advanced Legal Analysis and Writing Class 8 Keys in the Analysis Be Precise! Let there be no room for doubt as to WHY the law supports your conclusion. Don’t write in generalities or in confusing broad strokes Be as specific as possible in terms of what about the law supports your conclusion and your client Couch your analysis in terms of the elements of the law that you are dealing with. Advanced Legal Analysis and Writing Class 8

Analysis: Showing Every Step Frequently, a single legal issue will be too complex to answer in one paragraph or idea. In such a case, it is necessary to walk the reader through each step necessary to support the conclusion. Example: John is charged with a RICO violation. The writer is arguing that he is guilty. The writer must show: There is an organization that qualifies as a criminal organization John belonged to that organization The organization participated in two or more illegal activities Etc. Advanced Legal Analysis and Writing Class 8

Additional Notes in Your Analysis Describe every reasonable basis for your conclusion There is nothing wrong with arguing alternative theories. You don’t have to throw all of your analytical eggs into one basket. Just make sure: Your arguments are carefully set apart from each other so as not to confuse the reader Your arguments don’t contradict each other unless it is clearly stated that they are being argued in the alternative Explain the context This is especially true when making a subjective argument, such as that a certain conduct was “reasonable”… Advanced Legal Analysis and Writing Class 8

Advanced Legal Analysis and Writing Class 8 Signposting This is where you explain to the reader, in advance, where you are going and how you are going to get there. This makes it much easier for the reader to understand your paper, as the reader knows what to look for and what to take away from each sentence. This should be done with an issue statement at the outset of each analysis, but should and can also be done using other tactics… Advanced Legal Analysis and Writing Class 8

Advanced Legal Analysis and Writing Class 8 Signposting: Tactics 1 Thesis Statements: These are statements that lay out your conclusion at the outset of each body of analysis. You can do this for each issue and sub-issue as well as your paper as a whole Use small paragraphs that make one point each Nothing confuses a reader like meandering paragraphs that cover different subjects. The reader can’t focus on what the writer is trying to say if the writer isn’t clear on what he or she is saying. Advanced Legal Analysis and Writing Class 8

Advanced Legal Analysis and Writing Class 8 Signposting: Tactics 2 Use topic sentences, where appropriate. A topic sentence is the first sentence of the paragraph, that explains its basic point. Sometimes, this won’t be necessary because the paragraph is building on the previous paragraph. Use transitional words and phrases to show that a sentence or paragraph is building on the previous one, and how it’s being done. Advanced Legal Analysis and Writing Class 8