Legal Research

"Do We Really Need a Memo on All That?"

Posted by JD Hull: "Maybe go to the mirror and practice saying that to your client, or to your colleagues, about some ongoing projects. Another way to say it:

You know, Elizabeth, this project had been lawyer-ed and memo-ed out the proverbial wazoo. Let's of course do the research right away. We can get Justin and Brittany to start on it today; they know the legal terrain here anyway, and know the facts.

But after we research it, can we do this: just have a DRAFT [brief/letter/contract] reflect what we conclude. That's where we're headed with this anyway. In other words, let's skip the lengthy legal memorandum.

All that is just "winding up"--and without ever "pitching", you know?

There are times you don't need to scorch the earth. To save time, money and relationships, just answer the question. Talk people out of the "full-Monty". Do the research, take a stand, and write it all up in the instrument you are actually going to use anyway: the pleading, the motion, the response.

Even if you don't use it, what the draft or instrument "looks like" helps everyone make the next decision, and take the next step. You can still back up critical points with smaller discrete memos, showing research and/or thought process.

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Source: What About Clients?, 13 July 2009

Full post as published by Stark County Law Library Blawg on July 14, 2009 (boomark / email).