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Unsure when to write "memos"
Posted: Fri Jun 06, 2014 12:11 pm
by Anonymous User
So I have a couple mini assignments at my small firm.
One partner asked me to shepardize something, make sure it's good law, then find other newer similar cases.
I do write a memo for this? If so, how? My results were - it is good law and there are very few similar cases. I imagine he doesn't want to hear me regurgitate the concept in a 2 page memo only to say "the case law is good and there are no other cases"
Also, when do you write memos in general? For every assignment/prject you're given?
Re: Unsure when to write "memos"
Posted: Fri Jun 06, 2014 12:14 pm
by Nebby
I would recommend emailing back that it is good law and that you cannot find any cases similar enough worth including. Then in a sentence or two briefly describe what technique you used for discerning whether or not a case was similar, so that if you did it wrong they can tell you.
Warning:
If you fuck up this incredibly detailed and important assignment, then I guarantee they'll throw you out the door, and you'll be blacklisted from the practice of law throughout the country.
Re: Unsure when to write "memos"
Posted: Fri Jun 06, 2014 12:16 pm
by 09042014
Anonymous User wrote:So I have a couple mini assignments at my small firm.
One partner asked me to shepardize something, make sure it's good law, then find other newer similar cases.
I do write a memo for this? If so, how? My results were - it is good law and there are very few similar cases. I imagine he doesn't want to hear me regurgitate the concept in a 2 page memo only to say "the case law is good and there are no other cases"
Also, when do you write memos in general? For every assignment/prject you're given?
Ask how he wants the work product delivered. In the future just ask that every time you get a research gig. Normally they'll say "just an email" which is sort of a mini memo.
Re: Unsure when to write "memos"
Posted: Fri Jun 06, 2014 12:28 pm
by smallfirmassociate
For the assignment you have, write in a brief memo that you've shephardized the case, it's fine, and that there are X-number of related cases. Then list each case citation and provide a brief (one or two sentences, preferably) description of each case and why it is similar or relevant to your fact pattern. This should all fit on one side of one page, probably less than 2/3 of a page.
Don't stress not knowing whether to write a memo. When in doubt, my advice is to put it on paper. Or ask. Different partners will want different things. By the end of my SA at my now-permanent firm, I had figured out which attorneys wanted a quick answer, which wanted exhaustively-researched memos, etc. There's really no easier test to use to determine how you should respond to an assignment, and this is one way the firm can evaluate your style as an attorney and your common sense and judgment. So ... use your good judgment on how to approach assignments, I guess ... if that's actually advice at all? Good luck.