Factual Analysis

• 1). Gather the facts to determine what happened by asking the "who, what, when, where, why and how" questions. The answers to these questions might come from witnesses to the events (including the client), experts, documents and from physical items, such as a weapon.
  
  
• 2). Identify the parties involved, the events that occurred and the claims being made by the parties.
  
  
• 3). Put the facts in some kind of order, typically chronological order.
  
  

Identifying the Legally Relevant Facts

• 1). Research the law applicable to the situation. Include both statute and case law in your research.
  
  
• 2). Determine the legal issues raised by the situation and the facts that are relevant to a determination of those issues.
  
  
• 3). Re-draft the statement of facts for the legal memorandum, identifying primarily the legally relevant facts but also including contextual facts in quotations.
  
  
• 4). Write the statement of facts in a language that is objective, easy to follow, avoids emotional statements and that draws attention to any missing facts.