It is common practice to attach a photocopy of relevant laws and regulations or to quote relevant parts of the law in the body of the memorandum.
Content may not be reproduced without permission. There are several recent cases debating this issue in the context of PPSA registrations. Choose the organizational scheme that you think will make the facts most clear and memorable to the reader.
The items in each section should be listed in alphabetical order. Ask the Question A legal memorandum begins with a concise statement of the question at hand.
You may want to discuss each sub-issue separately. I am not making any determination as to whether or not his name may not also be Lazarczuk as registered by his birth. The balanced description of law and fact that you provide in the question presented should be mirrored in the short answer.
It is the only British Columbia case on this issue. Master Browne noted that the Ontario legislation did not define what is the proper surname for use in a PPSA financing statement. The credit union registered financing statements under the PPSA Alta showing only the second given name.
If the author relies on written records, he must cite the source title and page number. A different result may arise where the debtor does not consistently use the same name, as in our case.
Avoid lengthy quotations from cases. I have not dealt with these cases. A The third step is to apply the legal rule to your facts. This is particularly important in the Conclusion section.
It may be the case that you cannot predict with certainty the outcome of your case, given your facts. I The first step is to state the legal issue. The Bank is now concerned about whether its security is enforceable.
At the same time, bear in mind that the office memo should be a stand-alone document that can fully inform any colleague in your law office who may read it; therefore, the facts section should always contain a full and coherent recitation of the relevant facts, whether or not the principal reader of the memo already knows them unless, of course, you were instructed to do otherwise.
R The second step is to determine the applicable legal rule. Content may not be reproduced without permission. This case implies that the only name that is valid for PPSA registration is the name that is the legal name under the Change of Name Act.
He noted that the Change of Name Act, R. In this section, the author may give a short history of the relevant law and how it has already been applied in similar cases.
A person may use a surname of their spouse, the name they obtained by adoption, or at birth or their surname immediately before marriage, if they are a married person.
Applying this rule to our facts, the Debtor is bound to the Bank under the security documents, even though he did not sign them using his legal name. The most effective style is to use a thesis sentence or paragraph that not only indicates what the issue is, but tells the reader briefly what your conclusion is on the issue.
Rather, reserve your legal conclusions here, whether or not the advertisement constituted a formal offer for the short answer section. Furthermore, the Debtor has now started using Brown, his legal name, as his surname. Please see also the page dedicated to legal citation.
However, there are several problems with relying on this case. Ontario In Re Grisenthwaite43 R. The two surnames in our case are completely different, rather than having a slightly different spelling. The bankrupt in that case had three given names, but was commonly known and referred to by only the second of the names.
Keep in mind that the reader will be judging your credibility as a legal thinker based on among other things the congruity of your tone with the data at hand.A legal memorandum presents research and analysis and applies the research and analysis to particular facts.
A legal memorandum follows a general structure and follows certain conventions. The structure and conventions are discussed below. Jul 02, · How to Write a Legal Memo. A legal memorandum is a document written by a lawyer for the benefit of a client.
It explains a specific area of law, analyzes a given fact pattern in light of the law, and makes a recommendation for a course of 95%(22). Learn how to write a good legal memo here. Template included. Then write the memo exactly the way the want it. Ask their assistant, they’ll likely know.
Or does your firm have a default memo template? When you are writing a legal memorandum for internal use, there is only one proper way to discuss a case.
This is the way: In Smith v. 61 Legal Memorandum Format Sample On the following pages is a legal memorandum formatted the way your memos in this class should be formatted. The substance of this memo comes from Appendix A of the Wellford text. The intended readers of legal memorandums may not always be clients; they may be also be associate attorneys, partners, or colleagues.
In some cases, an attorney may be called upon to write a legal memorandum addressed to the court. Home / Writing & Analysis / Sample memorandum of law Sample memorandum of law. This memorandum is provided for instructional purposes.