28Legal Writing & Research

Advanced Memo: Statement of Facts

This week focuses on writing professional Statements of Facts — learning to organize complex factual narratives, determine which facts to include (legally significant vs. background), maintain objectivity while telling a comprehensible story, and develop the narrative in a way that serves the analysis without arguing.

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Learning Objectives

Write objective Statements of Facts that include all legally significant facts without characterization or argument
Organize facts chronologically or topically depending on the memo's analytical needs
Distinguish legally significant facts from emotional or background facts and explain inclusion decisions
Maintain objectivity: present unfavorable facts neutrally without minimizing or omitting them
Use fact characterization appropriate to the memo type: neutral for objective memos, subtly persuasive for briefs

Key Rules

The Statement of Facts must be complete: include ALL facts the Discussion section relies on. Any fact used in the Application must appear in the Statement of Facts.
Legally significant facts: those that, if changed, would change the legal outcome. These MUST be included.
Unfavorable facts must be included in an objective memo — omitting them makes the analysis unreliable and undermines the attorney's trust in your work.
The Statement of Facts should contain NO legal conclusions: write 'Defendant drove 65 mph in a 35 mph zone' NOT 'Defendant negligently exceeded the speed limit.'
Organization should serve the reader: chronological is default for most litigation memos; topical works for multi-issue memos where timeline is less important than subject grouping.

Advanced Memo: Statement of Facts

The Professional Standard

The Statement of Facts is where credibility lives. If you omit unfavorable facts, mischaracterize events, or inject argument, the entire memo becomes unreliable.

What to Include

| Include | Exclude | |---------|--------| | All legally significant facts | Legal conclusions | | Relevant background/context | Argument or characterization | | Procedural history (if relevant) | Personal opinions | | Unfavorable facts (neutrally stated) | Irrelevant details |

Fact vs. Legal Conclusion

| Fact (correct) | Legal conclusion (incorrect) | |---|---| | 'Defendant was driving 65 mph in a 35 mph zone' | 'Defendant was speeding negligently' | | 'Plaintiff did not see the puddle before stepping in it' | 'The danger was hidden from Plaintiff' | | 'No written agreement was signed by either party' | 'There was no valid contract' |

Baby Bar Connection

Your ability to identify and work with legally significant facts determines your essay scores. Every IRAC application requires matching specific facts to rule elements — a skill developed through writing Statements of Facts.

Cases to Know

No specific cases — focuses on legal writing methodology

Baby Bar Relevance

Statement of Facts skills directly support Baby Bar essay performance. Your ability to identify legally significant facts and distinguish them from background information determines what you analyze in your essays.

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Advanced Memo: Statement of Facts

Learning Objectives

Write objective Statements of Facts that include all legally significant facts without characterization or argument

Organize facts chronologically or topically depending on the memo's analytical needs

Distinguish legally significant facts from emotional or background facts and explain inclusion decisions

Maintain objectivity: present unfavorable facts neutrally without minimizing or omitting them

Use fact characterization appropriate to the memo type: neutral for objective memos, subtly persuasive for briefs

Key Rules

The Statement of Facts must be complete: include ALL facts the Discussion section relies on. Any fact used in the Application must appear in the Statement of Facts.

Legally significant facts: those that, if changed, would change the legal outcome. These MUST be included.

Unfavorable facts must be included in an objective memo — omitting them makes the analysis unreliable and undermines the attorney's trust in your work.

The Statement of Facts should contain NO legal conclusions: write 'Defendant drove 65 mph in a 35 mph zone' NOT 'Defendant negligently exceeded the speed limit.'

Organization should serve the reader: chronological is default for most litigation memos; topical works for multi-issue memos where timeline is less important than subject grouping.

Fact vs. Legal Conclusion