- Part 1:
Background: Chong asked you to review IRAC (Issue, Rule, Application and Conclusion) analysis and format for drafting legal memos. IRAC is a memo format that allows you to organize how you work through drafting a document that resolves a legal issue.
Because IRAC is such a common memo format, Chong asks you to prepare an IRAC exercise to be used for review and discussion at this week’s Learning Lunch.
Instructions:
Evaluate and address all the following items:
- It is important in a memo to include only legally significant facts.
- Explain “legally significant facts”, and why they are important to include in a memo.
- Evaluate and discuss the possible harm that can results by including insignificant facts or personal opinions in a memo.
- Explain the meaning of each letter in the IRAC acronym AND the significance/purpose of each letter.
D. Explain how using the IRAC format assists you in writing a memo.
E. Explain how the IRAC format assists the reader of a memo.
Part 2:
React to two colleagues’ comments.
Label all parts of analysis, as needed.
Write in correct, complete sentences in paragraph format, unless instructed otherwise.
Use Arial or Times Roman, size 12 font.
******************React to the following post:
1. Elizabeth Juzu
A legal requires the inclusion of the heading related to the legal issue, a statement regarding the real issue related to the legal issue, and an account of the facts directly regarded to the legal point under question. Moreover, the memo should include discussing the main issues relating to the legal issues and a discussion and concluding the facts of the main issues affecting the legal matter of the problem (Neumann Jr et al., 2021). When a suspect includes an insignificant fact or an opinion in a legal memo, the suspect is liable to statutory fines under the underlined laws as harm. The IRAC letters help write a memo as the letter “I” is used to defining the issue, “R” explains the case ruling, and “A” applies to the application of the law, while “C” makes the definition for a conclusion of the case (Arifin et al., 2019). Readers of a legal memo use the IRAC memo to make a complete follow-up on the steps to make a substantive case in a law case.
References
Arifin, R., Alkadri, R., Sari, D. P., Resthiningsih, L., & Holish, A. M. (2019). Improving Law Student Ability on Legal Writing through Critical and Logical Thinking by IRAC Method. Indonesian Journal of Advocacy and Legal Services, 1(1), 107-128.
Neumann Jr, R. K., Margolis, E., & Stanchi, K. M. (2021). Legal reasoning and legal writing. Aspen Publishers.
Professor reply to this post:
- Hi Elizabeth, Can you explain what constitutes legal significant facts and why they are important? Also, will you provide more detail on the reference to statutory fines if insignificant facts or opinions are included in a legal memo? Is this related to the potential consequences of insignificant facts are placed in a memo and there is a mistaken understanding of the client’s case facts? What would be some significant facts as well as insignificant facts in a motor vehicle accident between a motor vehicle and school bus? Nice start in describing the IRAC format. Yes, the “I” stands for the issue. It is the legal problem/question being asked. The rule is the law that governs the issue and can be comprised of case law, statutes, and/or regulations. The “A” is application or analysis which is where you apply the law to the client’s facts and should address both positions – plaintiff and defendant or prosecution and defense. And, finally, the “C” stands for conclusion which would be where you address the issue and specify the likely outcome based on the law and the client facts. How is the IRAC format beneficial to the writer? For readers, it allows them to understand the law that applies to an issue in an organized manner.
2. Saadia Williams
- It is important in a memo to include only legally significant facts.
- Explain “legally significant facts”, and why they are important to include in a memo.
Legally significant facts are important to include in the memo because it is what allows the attorney and court to understand the case and the legal question being presented. The facts are what everyone should be aware of to make a decision on the case. Keeps everyone informed and prevents the most important information from being clouded with background details.
- Evaluate and discuss the possible harm that can result from including insignificant facts or personal opinions in a memo.
Insignificant facts or personal opinions can cause possible harm to a case because they can be biased, resulting in an alternate decision. When writing the memo it should be very unbiased a clear what is being presented. The memo can put conclusions into the attorney or court’s mind on what they believe will be the outcome without having the legally significant facts. An example being someone innocent getting charged for something they didn’t do all because important facts were left out and replaced with personal opinions of who wrote the memo.
- Explain the meaning of each letter in the IRAC acronym AND the significance/purpose of each letter.
I: stands for the legal ‘Issue’ that is being asked in the case. It is to identify the issue in the memo to allow the reader to understand what the case is asking.
R: stands for the rule of law that is going to be applied to answer the legal issue from above.
A: stands for analyzing the facts with the rule of law to resolve the issue.
C: stands for conclusions to the issue presented. The Court’s decision on what the solution is.
2. Explain how using the IRAC format assists you in writing a memo.
Using the IRAC format can assist you with organizing the case in a way that will give you the beginning, middle, and end of a case. The format is a great way to train your mind on how to read/analyze a case to really understand it.
3. Explain how the IRAC format assists the reader of a memo.
Someone reading a memo in the IRAC format will find that there is a good flow of information that is clear and to the point. The less background writing will help the reader fully understand the purpose of the memo.
Professor reply to this post:
Hi Saadia,
Legally significant facts are important in a memo as they determine the outcome of the case, as they are the facts and circumstances that would assist in answering the legal issue. Yes, they assist in making a determination of the case. They are the facts related to the event. Would these include facts that are favorable as well as unfavorable to the client?
The inclusion of insignificant facts and personal opinions could overshadow the legally significant facts and unnecessarily complicate matters. You are on point that the information presented could be biased and not relevant to the matter being addressed.
What would be some significant facts as well as insignificant facts in a criminal matter where the defendant is charged for unlawful possession of a firearm?
Nice job in describing the IRAC format. Keep in mind that the “C” stands for conclusion which would be where you address the issue and specify the likely outcome based on the law and the client facts. This is where you would address which party would most likely be successful based on the facts and the law.
The IRAC format helps the writer as well as the reader. For the writer, it provides structure and organization/outline for the document. It does allow for an efficient way to present information. For the reader, it allows the reader to focus on the relevant details of a case and to the likely outcome in an organized manner.
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