CHAPTER X

OBJECTIVE LEGAL ANALYSIS

I. OBJECTIVE LEGAL ANALYSIS

• Provides a balanced and objective discussion of a legal issue.

• Precedents and authorities that govern the question are cited .
• Legal advice and recommendation are offered.

Examples:
• Inter-memoranda
• Opinion letters to a client
II. INTER-OFFICE MEMORANDUM

• Also called “Objective Memorandum”.

• Usually prepared by a junior associate or paralegal and is addressed to a senior partner
to give him/her an objective analysis of a legal question.
• These memorandum usually addressed to a lawyer for possible court action require a
more detailed research replete with legal citations.
 A. PARTS OF AN INTER-OFFICE MEMORANDUM
1. Memorandum Heading-
Contains the person whom the memorandum is addressed, who addressed the issue, the
subject of the memorandum and date when the memo was submitted.
2. Issue-
States in question form the issue sought to be resolved by the memorandum. It must specify:
The LAW, CORE ISSUE and LEGAL RELEVANT FACTS that have bearing on the issue.
3. Brief answer (Conclusion)-
Contains the answers to the question. This part summarizes the elements of law and how the
facts apply to the elements. Cite the weakest as well as the strongest arguments. Give
recommendations.
• The construction of the issue is important for the reader to • This part should also itemize other sub issues crucial to
understand the question without having to refer to facts: overall determination of the case:

POOR “whether the act/s of the plaintiff wife(client) in

CONSTRUC- BETTER abandoning the conjugal home and children amount to ‘in
TION pari delicto’ thereby denying her remedies of the law.”
“ whether the “Whether the
plaintiff is entitled behavior of the “whether the plaintiff is entitled to custody of the
to declaration of husband(Opposing children in spite the fact that, though still minors, they are
nullity of marriage.” party) in joining the over 7 years old.”
cult that advocates
free love and sex • For tort or damage suit,the issue may state as follow:
(beginning his
college days) “Whether, under the civil code, a niece who witness her
amount to aunt hit in a car accident some 10m away can recover
psychological
damages from emotional trauma”
incapacity as
defined under GUIDE QUESTION:
article 35 of the
Family Code, *Have you remained factual? Objective

*Summarized your questions clearly, concrete?

4. Statement of facts-
give summary of the facts (Name of firm’s clients, name and address of opposing party, nature
of relationship, date of contract and other relevant details.
5. Discussion-
Is the heart of the memorandum. This part is where you explain the law and facts (Deductive
method is recommended) Begin your discussion with the thesis paragraph(announcing the
conclusion in the first paragraph) to answer the question “what’s your point?”
• TIPS:
1. Beginning the paragraph in a thesis statement. It should be affirmative form.
2. State the rule or the applicable law.
3. Explain how the law applies to the set of facts.
4. Discuss other relevant suthority.
5. Reiterte briefly the discussion.
EXAMPLE OF A INTER-OFFICE MEMORADUM:

This part is the Memorandum heading.

Issue of the Memorandum.

Brief answer to the Issue.

Important facts to the case.

Discussion of the laws to be applied.

CHAPTER XI
LEGAL OPINION LETTER (TO A CLIENT)
LEGAL OPINION LETTER
- Gives objective legal analysis of a client’s legal problem. The letters are addressed to person
without any legal background. In order for it to be effective, one must be sensitive to the level of
understanding and needs of the client.
- It should be written in PLAIN and SIMPLE language accessible to the understanding of a lay
person.
The letter has two goals:
1. To give client diagnosis
2. to give client with a legal recommendation.
PARTS OF AN OPINION LETTER
1. Heading and Introduction
- Consist of letterhead of the firm, name and address of the client, salutation and a short
introduction.
2. Issue/s and Brief Answer
- The issue sought to be resolved must be stated in Question Form.
3. Statement of Facts and Discussion
- State the facts relevant to the issue and discuss how the law applies to the facts.
4. Conclusions and Recommendations
- The recommendation answers the question. It states the proposed solution to the issue.
EXAMPLE OF OPINION LETTER TO CLIENT:

HEADING & INTRODUCTION INTRODUCTION

ISSUE AND BRIEF ANSWER

FACTS AND DISCUSSION

CONCLUSION AND RECOMMENDATION

WORDS AND EXPRESSIONS TO AVOID IN LETTERS:

• Word and expressions used in the letters should be simple, short and concise. Since the
letters are to be read by a person with no legal background. (Ex. “Acknowledge
receipt of your letter” the sentence becomes overformal, it should be “We thank you
for your letter”
• Avoid extra wording that aren’t even necessary to the sentence. (Ex. “We have duly
investigated” duly can be omitted because it is superfluous)
• Be specific (Ex. “Even date” the phrase should be “Your letter this morning”)
 THANK YOU

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