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Strategy Memo
A candid assessment of the case
The memorandum sets out the choices behind the pleading, their support and questions requiring investigation. Even a strong case has awkward questions.
Causes, alternatives and assumptions
How the facts relate to the requirements of a cause, the alternatives considered and the assumptions behind the analysis, so the legal argument can be traced to its basis.
Evidence and gaps
Supporting material, ambiguous points and missing information, with references for checking the sources and their context.
Opposing arguments and vulnerabilities
The memorandum presents possible defenses, material that conflicts with the account and vulnerabilities. It distinguishes case weaknesses from defects that can be corrected in the document.
Remedies and practical choices
Consider remedies, financial assumptions and scenarios that may inform a decision. Any estimates or settlement alternatives are aids to professional thinking, not forecasts of the proceeding’s outcome.
The next work on the matter
Questions to answer, documents to obtain and actions to consider before proceeding. The list may not cover every risk or investigation needed.
The memorandum is an internal working document for professional review alongside the pleading. It is not a court filing; case decisions remain with counsel.