Based on your most recent research, revise the statement of issues. Analyze your new cases and indicate how the arguments apply to the fact situation.
Having analyzed all the case and statute references, consider how they all fit together. When read as a whole, what do the cases and statutes say? What principles can be inferred that connect the cases you are using?
How does your argument fit together? Is it logically organized, such that you discuss certain issues that logically precede subsequent issues? What are the weaknesses in your argument? Can you distinguish any of the leading cases (eg., on the facts; not binding in your jurisdiction; if binding, can it be restricted to a narrow ratio; can you use obiter dicta or strong dissents; are other cases more persuasive?). Have you correctly incorporated any statutes or regulations? Can this authority be interpreted differently or rendered not applicable on the facts?
By now your statement of issues is quite detailed and contains the leading cases, statutory references, and analogous cases. Think ahead to your written analysis. It will help you determine whether you have done enough research, or whether there are still points needing further research (e.g. additional supporting authority). When doing a legal memorandum, you are producing a clear and concise analysis of each legal issue and how those legal principles are applied to the specific facts of the problem.
The legal memorandum has a traditional format for the analysis, something like:
This may need to be expanded (depending on the issue) to include:
You need to transform your detailed statement of issues into a detailed outline of your analysis in the format required by the legal memorandum.
The following is one format (there are many other formats) for a legal memoradum:
The discussion section:
The discussion section has a clear and concise analysis of each legal issue and how it can be applied to the facts.