Attorneys: Using Colleagues For Legal Memorandums?

A legal memorandum, or memo, is a document that summarises a party's interpretation of a particular matter. It is a common practice for junior attorneys to draft memos for senior attorneys to review. These memos are often informal and their structure depends on the preferences of the senior attorney. The purpose of a legal memo is to provide an objective summary of the relevant case law and its application to the facts at hand, without offering a legal opinion. While there is no one-size-fits-all format for a legal memo, it typically includes a discussion of the main issues, legally significant facts, and applicable legal principles. In some cases, such as drafting a memorandum of incorporation, only a practising attorney is legally permitted to create the document.

Memorandum structure

The structure of a memorandum, or memo, can vary depending on the context and the law office or firm. However, there are some standard components and guidelines that are generally followed when drafting a legal memorandum.

The heading section typically includes the name and address of the company or law firm, followed by the word "Memo" or "Memorandum" to indicate the nature of the document. This section also identifies the recipients, the name and designation of the person writing the memo, and the date of writing.

Subject Line

The subject line provides a brief overview of the topic or purpose of the memorandum. It gives the recipients a quick understanding of the content and helps set the tone for the rest of the document.

Body of the Memo

The body of the memorandum typically consists of several sections, including an introduction, a facts section, a discussion or analysis section, and a conclusion. The introduction should be direct and concise, stating the reason for writing the memo and providing relevant background information.

The facts section is crucial, as it presents the legally significant facts that will influence the resolution of the legal question. This includes both favourable and unfavourable facts for the client, as well as any necessary background details to provide context. It is important to avoid commenting on or discussing the application of the law to these facts in this section.

The discussion or analysis section is often considered the heart of the memo. Here, the writer educates the reader about the applicable legal principles and illustrates how those principles relate to the facts of the case. It may also include an analysis of various legal topics, identification of relevant case law, and exploration of potential counterarguments. This section should maintain an impartial tone, providing an objective summary of the legal landscape without offering a legal opinion.

Finally, the conclusion synthesises the analysis and takes a position on how the court will apply the law to the specific situation. The writer can convey their level of confidence in the predicted outcome and propose a legal strategy or next steps.

Format and Style

The format and style of a memorandum can vary depending on the law office or firm, and it is essential to follow the conventions chosen by the specific office or the preferences of the intended audience. Some firms may adopt their own unique formats, and it is permissible to make choices regarding the level of detail, organisation, and scope of the memo. It is important to understand the presumed level of knowledge of your audience and address any knowledge gaps through thorough fact-finding and research.

Memorandum content

A legal memorandum, or memo, is a legal document that summarises one side's interpretation of a particular matter. It is a predictive statement of the law, and it is important to maintain an objective tone. The memo should not offer a legal opinion or imply a preference for one side or the other. It should, instead, provide an objective summary of all relevant case law and how it applies to the facts at hand.

The content of a legal memorandum should include the following:

• A heading or caption
• The question presented
• A brief answer
• Facts–these should be presented in a logical order and include legally significant facts and background facts that provide context.
• Discussion–this is the heart of the memo. It should include an analysis of the applicable legal principles, how those principles apply to the facts, and any likely counterarguments. It should also include an analysis of the legal issues, ordered in subsections.
• Conclusion–this should convey the writer's level of confidence in their prediction of the judicial outcome.

The format of a legal memorandum may vary depending on the law office and the nature and complexity of the legal question. It is important to understand the scope of the assignment and the intended audience, including their level of familiarity with the area of law.

Memorandum audience

A legal memorandum, or memo, is a legal document that summarises one side's interpretation of a particular matter. It is a stand-alone document that identifies the risks and any unknown facts that need further investigation. It is not a place to offer a legal opinion but to summarise relevant case law and how it applies to the facts at hand.

Memoranda are often prepared by junior attorneys for senior attorneys to review. They are a great opportunity for newer attorneys to gain experience in legal research and analysis. The assigning attorney will likely read the section predicting how the court will apply the law first. The memo should be written with the audience in mind, including their expected level of familiarity with the law. The reader may be one of several attorneys who will consult the memo, especially if the legal question becomes the subject of further analysis.

The audience for a memo can also be a client or a legal professional. For a legal colleague, the tone will be impersonal and objective, and the writing concise and precise. A 'letter to a client' would be written in a more informative, non-legal style, emphasising possible actions and likely outcomes.

The structure of a memorandum can differ according to its purpose and the preferences of the intended audience. Some law offices adopt their own format for a memorandum. It is important to understand the scope of the assignment before you start typing so that you can focus on the specific legal questions and jurisdictions that will be most beneficial to the case.

Memorandum format

A legal memorandum, or memo, is a legal document that summarises one side's interpretation of a particular matter. It is an objective, stand-alone document that identifies the risks and unknown facts that need further investigation. It should be impartial and provide a summary of relevant case law and its application to the facts at hand.

The format of a legal memo often depends on the law firm or the attorney's preferences. However, there are some general guidelines and key components to follow when drafting a legal memorandum.

Firstly, the heading section includes the name and address of the law firm or attorney, with the word "Memo" or "Memorandum" clearly indicated. This section also specifies the recipients, the name and designation of the person writing the memo, and the date.

The body of the memo typically starts with a direct and concise introduction stating the purpose of the memo. It should provide a clear and accurate explanation of the factual and procedural context of the legal issue. This includes legally significant facts, whether favourable or unfavourable to the client, and relevant background information.

The next section of the memo should outline the applicable legal principles and their application to the facts of the case. It is crucial to address any counterarguments and provide an impartial analysis of the legal issues. This section is often organised into subsections, each addressing a specific legal topic.

The memo should then predict how the court will apply the law, including an assessment of the level of confidence in that prediction. It is important to maintain credibility by ensuring that the tone and conclusion align with the data presented.

Finally, the memo should propose a legal strategy and identify the next steps. It is beneficial to use headings and lists to enhance readability and help the reader navigate the document easily.

While the format may vary, understanding the key components and adapting them to the specific situation and audience's needs is essential for drafting an effective legal memorandum.

Memorandum purpose

A legal memorandum, or memo, is a document that summarises one side's interpretation of a particular matter. It is a necessary skill for lawyers to learn, whether in law school or in practice. Associates are often asked to provide legal memos to senior attorneys, which offers them a great opportunity to gain experience in legal research and analysis.

Memorandums are objective, stand-alone documents that identify risks and unknown facts requiring further investigation. They should not be a place for legal opinions, but rather an impartial summary of relevant case law and its application to the facts at hand. Memorandums can take various forms, from broad surveys to nuanced research on specific laws. They can be open or closed, depending on the scope of the case law being applied. In a closed memo, specific case law is provided, while an open memo requires the writer to research and identify relevant case law and analyse legally significant facts.

The purpose of a legal memorandum is to provide a structured framework for addressing a legal issue. It should include a clear statement of the issue, the applicable rule or law, the facts of the case, and a discussion of how the law applies to those facts. The discussion section is the heart of the memo, where the writer educates the reader on applicable legal principles, their application, and any counterarguments. The writer must also take a position on how the court will apply the law, conveying their level of confidence in their prediction.

The format and content of a legal memorandum may vary depending on the law office and the nature of the legal question. It is important to understand the intended audience and their level of familiarity with the law to ensure the memorandum effectively addresses their needs and expectations.

Frequently asked questions