The Bar Techniques

Instructions

Trial memorandum
“Consider the following direct testimonies given in a
hypothetical case for damages. Assume that you are the
lawyer for either one of the parties. Using the
information given, choose one side and write a
memorandum of arguments that the court may
consider before deciding the case.”
 Instructions

Legal opinion
“Below is an exchange between you and a hypothetical
client. Based on the information given, write (1) a brief
legal opinion/advice specifying the relevant facts of the case,
the legal problems raised by your hypothetical client, your
assessment of the issues involved, and the possible courses of
action that may be taken under the law; and (2) one legal
document that may be used in connection with your
recommended course of action.”
 Outline

IRAC approach to legal analysis:
I. Statement of Facts
II. Statement of Issues
III. Arguments and Discussion (Application of rule to
facts)
IV. Conclusion
Sample issue:
“Whether or not the sale of the condominium unit between
plaintiff’s husband and defendant was valid?”

Improved version:
Is the sale of conjugal property by the husband without his
wife valid, considering that:
a. The wife had previously agreed to the sale, and was even the
one who offered the unit to and negotiated the sale with the
buyer?
b. At the time the husband finalized the deed of sale, his wife had
already left the Philippines to give birth in the United States?
c. The wife changed her mind regarding the sale of the property
only after her husband had finalized the deed of sale and the
buyer already given the manager’s check as payment?
 I. Statement Of Facts

 Introduce the legal problem
 State the facts clearly and objectively; group similar
facts together.
 Retain facts not favorable to your client.
 Be candid and upfront.
 II. Statement Of Issues

 State the legal issues relevant to the position of your
client.
 The issue must be in the form of a question that
includes both the relevant legal principle and the key
facts that raise the issue.
 Pay attention to the facts of the case.
III. Arguments & Discussion

 Discuss the applicable rules and how they apply to
the facts of this particular case.
 Determine whether the facts satisfy the applicable
legal rules.
 IV. Conclusion

Conclude by answering each and every one of the
issues that you posed, making sure to evaluate the
arguments and counter-arguments.
 Topnotch Tips

“When I took the 2011 bar exams, I thought that I had
adequately prepared for the legal forms drafting part of the
exam. Imagine my surprised when we were asked to write a
prenuptial agreement. Who in the world would have expected
that?!

Become familiar with the various legal forms and seek to

understand them. Don’t simply memorize.”

- Atty. Richmund C. Sta. Lucia, 2011 Bar examinee

 Topnotch Tips

Do’s and Don’ts in Legal Writing:
 DO speak in plain, easy to understand English.
 DO use the active voice instead of the passive voice.
 DO use gender-neutral language.
 DO use strong verbs instead of abstract noun.
DON’T say: Atty. Reyes made the decision to
undertake the representation of the
accused.
DO say: Atty. Reyes decided to represent the
accused.
 DON’T use legalese and legal jargon.