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I work in a prosecutor or PD's office. Supervisor says, "Research Statute X. Find out what caselaw there is on it. If we're supposed to be enforcing it, also find out what the procedure would be to do so." I found one case dealing with a similar statute (it prohibits the same thing statute X does) but no cases that directly reference X.

Anyways, how do I organize my "research"? I'm guessing I don't do it as a memo because there's no facts to a specific case to compare to the case I found through research. I guess I'm just confused at what the hell format I'm supposed to use.

If you didn't gather, this is my summer post 1L. Please be nice.

Tell your supervisor what you found and ask what format to use.

Ask. But you can totally write a memo on that.
Question Presented: "are we supposed to be enforcing statute X? If so, how?" (Written more professionally, of course)
Don't need a Facts section.
Short Answer: Yes/no and a brief How.
Analysis: all your work. Caselaw, etc. Discuss how there's no relevant caselaw and how this other case compares, and what you are inferring from that.
Conclusion.

rinkrat19 wrote:Ask. But you can totally write a memo on that.
Question Presented: "are we supposed to be enforcing statute X? If so, how?" (Written more professionally, of course)
Don't need a Facts section.
Short Answer: Yes/no and a brief How.
Analysis: all your work. Caselaw, etc. Discuss how there's no relevant caselaw and how this other case compares, and what you are inferring from that.
Conclusion.

Thanks for this. I don't have any case to compare the caselaw too though. The judge in my division realized we weren't doing X even though Statute X says we should. My supervisor just wanted to know if courts have also enforced X. There aren't any so I guess I'm just confused at what to even write since there's no cases to compare. Do I just analyze the case that uses a similar statute? I feel like I'll only have three (short) paragraphs at the most. It seems so short compared to the memos we wrote in LRW but I guess that's the way the assignments were crafted.

Thank you for the advice though. I'm just a little nervous 1L that feels over my head at times!

Sometimes in practice you write a one page memo. Common, even, is the "email memo" that is so short that it can comfortably fit in the body of an email.

Print out the case law you find, highlight the appropriate parts, and type up a few sentences explaining what you found and how it applies to what you were asked to research. Fuck all that question presented short answer shit. These people don't have time to go through fluff. Straight to the point.

Bronte wrote:Sometimes in practice you write a one page memo. Common, even, is the "email memo" that is so short that it can comfortably fit in the body of an email.

This. I would ask first, but this sounds perfect for an email memo where you can attach the case(s) in PDF. Also, a tip for the future: When you get an assignment, always ask your supervising attorney in what format he or she would like the assignment.

gdane wrote:Print out the case law you find, highlight the appropriate parts, and type up a few sentences explaining what you found and how it applies to what you were asked to research. Fuck all that question presented short answer shit. These people don't have time to go through fluff. Straight to the point.

I think this is the best route! I could see needing a question presented if it was a more complicated issue but she just wants to know what's been floating around. Thanks so much!

Lincoln wrote:Also, a tip for the future: When you get an assignment, always ask your supervising attorney in what format he or she would like the assignment.

I've read this elsewhere. I asked her actually but she got pulled away and pretty much said "Write up the statute the best you can, type up what the available caselaw is, and what we would need to do to enact it" while walking away. Given that it was my first research assignment in an office setting, I think I over-thought it.

Anonymous User wrote:

Lincoln wrote:Also, a tip for the future: When you get an assignment, always ask your supervising attorney in what format he or she would like the assignment.

I've read this elsewhere. I asked her actually but she got pulled away and pretty much said "Write up the statute the best you can, type up what the available caselaw is, and what we would need to do to enact it" while walking away. Given that it was my first research assignment in an office setting, I think I over-thought it.

You can also ask her assistant or even another attorney.

Also, don't be afraid to ask your attorney these questions. Be really upfront say this is what I found (or didn't find) and say you're having a little trouble on what he/she is looking for since there doesn't seem to be a whole lot to actually write about. Being humble and confident enough to actually ask questions is almost always considered a strength and having those kinds of conversations is an excellent way to develop working relationships.