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Module 4: AI-Supported Legal Drafting Lesson 4.1: AI-Assisted Memoranda and Brief Writing

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Module 4: AI-Supported Legal Drafting

Lesson 4.1: AI-Assisted Memoranda and Brief Writing

Learning Objectives

  • Understand how AI assists in drafting legal memoranda and briefs
  • Develop clear instructions (prompts) for structured legal writing
  • Integrate legal sources, case holdings, and statutes properly when drafting
  • Maintain ethical and professional obligations while using AI
  • Review, edit, and finalize AI-generated drafts effectively

1. Purpose of AI in Legal Drafting

AI enhances efficiency by supporting attorneys in generating drafts, organizing information, summarizing case law, and structuring arguments. However, AI does not replace the lawyer.

The attorney must:

  • Provide the correct facts
  • Insert the correct legal authorities
  • Review and verify all citations
  • Maintain professional judgment

AI assists — it does not interpret the law or guarantee accuracy.

2. Legal Memorandum vs. Legal Brief

Understanding the difference determines how prompts should be structured.

Key takeaway:

  • Memo = Analyze
  • Brief = Persuade

3. Standard Structure for a Legal Memorandum (CREAC Method)

CREAC stands for:

  1. Conclusion (short answer to the issue)
  2. Rule (relevant legal principles)
  3. Explanation (explain rule elements or standards)
  4. Application (apply rule to facts using reasoning)
  5. Conclusion (restate outcome)

AI can format text into CREAC if instructed to, e.g.:

Using CREAC, write a neutral legal memorandum addressing the issue of whether [Issue] based on the following facts…

4. Standard Structure for a Legal Brief

A persuasive brief contains:

  1. Statement of the Issue
  2. Statement of Facts (favorable to your client’s narrative)
  3. Argument Section
  4. Conclusion / Requested Relief

Prompts for briefs should emphasize tone and persuasion, e.g.:

Draft a persuasive argument supporting the position that [Your Client’s Position] using the legal authorities provided below. Highlight the strongest reasoning and counter opposing arguments.

5. Key Prompting Techniques for Legal Drafting

6. Example Memorandum Prompt

Draft a neutral legal memorandum using CREAC format.

Facts:

[Insert key facts]

Legal Issue:

[State issue clearly]

Authorities to Use:

  • [Case 1]
  • [Case 2]
  • [Statute or Rule]

Tone: objective, analytical.

Do not invent new cases.

7. Example Legal Brief Prompt

Draft a persuasive legal brief arguing that [Client Position].

Statement of Facts:

[Insert facts]

Authorities to Reference:

[List only cases and statutes you provide]

Tone: professional and assertive.

Do not fabricate citations.

8.Supplementary Learning Resources

Video Lesson:

Lesson 4.1 Quiz

AI-Assisted Memoranda and Brief Writing

Please complete this quiz to check your understanding of Lesson 4.1.

You must score at least 70% to pass.

This quiz counts toward your certification progress.

Click here for Quiz 4.1

Conclusion

AI streamlines the drafting of legal memoranda and briefs, helping lawyers generate structured arguments and well-organized analysis quickly. However, AI cannot replace professional judgment or legal verification. The lawyer must always review, confirm, and finalize all outputs. When used responsibly, AI becomes a powerful tool to elevate clarity, efficiency, and legal writing quality.

Next and Previous Lesson

Lesson 4.2: Contract Drafting, Analysis, and Revision

Previous : Lesson 3.3 – Using AI with Legal Databases (Lexis, Westlaw, Bloomberg)

Course 3 -Mastering AI and ChatGPT for Legal Practice — From Fundamentals to Advanced Research and Ethical Use



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