By On Sep 28, 2018 Form Templates
Its not enough to summarize. You must summarize in a way that every conceivable reader—not just the assigning lawyer—can understand. So dont write your issue this way: "Whether Goliad can take a tax deduction on the rent-free space granted to Davidoff under I.R.C. § 170(f)(3)?" Thats incomprehensible to most readers because its too abstract and it assumes insider knowledge. Also, it doesnt show any mastery of the problem.
Law school exams encourage students to use the one-hand-other-hand approach: The outcome could be this, or it could be that. Even experienced lawyers sometimes hedge needlessly. This approach can look wishy-washy. Whats wanted is your best thought about how a court will come down on an issue.
Whether you are writing a research memo, an opinion letter or a brief, you will need an up-front summary. That typically consists of three things: the principal questions, the answers to those questions and the reasons for those answers. If you are drafting a motion or brief, try to state on page one the main issue and why your client should win—and put it in a way that your friends and relatives could understand. Thats your biggest challenge.
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