Paralegal Certification PrepLegal Research and WritingMedium
A paralegal is drafting an interoffice memorandum regarding a client's potential breach of contract claim. The attorney has specifically requested an objective analysis of the applicable law and its application to the client's facts. Which of the following statements best describes the appropriate tone and purpose of the 'Discussion' section in this memorandum?
- ATo present a detailed history of contract law without relating it to the client's specific case.
- BTo summarize the conclusion and recommendation without detailed legal reasoning.
- CTo objectively analyze the legal rules, apply them to the facts, and discuss counterarguments.
- DTo advocate strongly for the client's position, presenting only supporting arguments.
Show answer & explanationAnswer & explanation
Correct answer: C. To objectively analyze the legal rules, apply them to the facts, and discuss counterarguments.
The 'Discussion' section of an objective legal memorandum, such as an interoffice memo, is where the paralegal objectively analyzes the relevant legal rules, applies them to the client's specific facts, and addresses potential counterarguments or weaknesses in the client's position.
Why the other options are wrong
- A. A detailed history of contract law without application to the client's facts is irrelevant and not the purpose of the 'Discussion' section.
- B. Summarizing the conclusion is for the 'Conclusion' section, and it should be supported by detailed reasoning in the 'Discussion'.
- D. Advocating strongly is for persuasive documents (briefs), not objective memoranda.
Memo Discussion Section
The core analytical section of a legal memorandum, presenting an objective application of law to facts, often using IRAC or CREAC.
- Objective and neutral tone.
- Applies legal rules to specific facts.
- Addresses strengths and weaknesses of client's case.
Memory trick: The 'Discussion' is where the 'Debate' happens, fairly and fully!