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Legal Writing

This Guide assists first-year law students with the CREAC format used in legal writing.

Final Conclusion to the Memo

THIS FINAL CONCLUSION NEEDS AN EDIT:

In summary, a California court will likely determine that Alan can inherit from Rebecca as her equitably adopted son because both elements under the doctrine of equitable adoption are satisfied based on clear and convincing evidence. The doctrine of equitable adoption requires an intent to adopt. Rebecca expressed her intent of wanting to adopt Alan, promised to do so, and acted in part performance to carry out the promise to adopt. Rebecca also acted consistent upon that intent by forming a close and enduring familial relationship with Alan throughout the years when she did not deteriorate before her death. Rebecca portrayed to the community at large that Alan was her son, and at all times they both held each other out as mother and son. Thus, a court will likely grant Alan's petition to inherit from Rebecca's estate as her natural son.

 

THE EDIT WILL CORRECT THE FOLLOWING:

  1. The Answer to the Question: the legal writer muddies the answer to the client's question in the first sentence with imprecise and verbose language.
  2. Reasoning: the legal writer muddies the explanation of the answer with an imprecise, redundant, and wordy retread of the elements' application from the discussion section.

 

AFTER THE EDIT, THE FINAL CONCLUSION IS NOW ACCOMPLISHED:

Under California law, Alan can establish by clear and convincing evidence that he was equitably adopted and, thus, will likely share in Rebecca's estate along with her biological daughter.  Alan will likely satisfy the element of intent because on several occasions Rebecca told Alan and others that she wanted to adopt him.  Finally, Alan will likely satisfy the parent-child relationship requirement because he and Rebecca held each other out to the community, and cared for and loved each other, as mother and son.

 

THE FINAL CONCLUSION IS ACCOMPLISHED FOR THESE REASONS:

  1. The Answer to the client's question in the first sentence is precise and concise (red sentence)
  2. The explanation of the answer is precise and concise and avoids an unnecessary retread of the longer application of each element from the discussion section (blue sentences)