Cecily Zamora
A legal memo, or memorandum, is a document used in legal practice to identify and advise on the legal issues in a client's case. It is a structured document used to analyse a legal issue and provide a clear, objective answer. It typically includes a heading (To, From, Date, Re), followed by sections such as the Question Presented, Brief Answer, Statement of Facts, Discussion (using IRAC: Issue, Rule, Application, Conclusion), and a final Conclusion. The purpose of a legal memo is to inform, not to argue the facts. It should be objective and impartial, providing a summary of all relevant case law and how it applies to the facts at hand. To create an effective legal memo, it is important to thoroughly understand the specific legal issue or question, perform comprehensive legal research, and organise your findings systematically.
| Characteristics | Values |
|---|---|
| Purpose | To inform, not argue the facts |
| Tone | Impartial, objective |
| Content | Identification of risks and unknown facts requiring further investigation |
| Type | Closed or open |
| Format | IRAC (Issue, Rule, Application, Conclusion) or CRAC (Conclusion, Rule, Analysis, Conclusion) |
| Sections | Heading, Question Presented, Brief Answer, Statement of Facts, Discussion, Conclusion |
| Heading | To, From, Date, Re |
| Question | Analogous to the issue or question in a case brief, usually one sentence |
| Answer | Brief, clear and responding to the question |
| Statement of Facts | Factual information presented in a straightforward, easy-to-understand way |
| Discussion | Most thorough section, expanding on the brief answer and supporting the conclusion |
| Conclusion | More comprehensive than the brief answer, but shorter than the discussion |
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What You'll Learn
Identify the legal issue
A legal memorandum, or legal memo, is a document that presents a lawyer's analysis and assessment of a legal issue or case. It is important to identify the legal issue at the outset of the memorandum. The issue should be stated as a question, which the rest of the document will seek to answer.
To identify the legal issue, it is important to separate legal facts from issues. This involves taking note of who was responsible, to whom it happened, what happened, and what the desired outcome is. It is also important to identify every action taken and then dismiss the ones that are not relevant. For example, in a case about a car crash, the fact that Darin had been drinking beer before the accident is relevant, whereas the fact that he then went to the store is not.
The legal issue should be specific and should mention the party names and specific facts of the case. For example, "Is the company liable in tort for the harm that has occurred to the plaintiff?" or "Can the person make a claim under consumer law and receive compensation for their mechanical toy that caught fire?"
It is also important to keep in mind the needs and expectations of your audience. Your reader may have a general familiarity with the law but may not be familiar with specific cases or statutory provisions that you have found relevant. Therefore, you should ask yourself: will the reader be able to follow my analysis? Have I organized my analysis in a way that tracks all the steps in my thought process?
Finally, when identifying the legal issue, it is important to avoid making assumptions about what the legally-trained reader will know. Be sure to communicate the issues you will address clearly and completely at the outset of the memorandum.
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Research case law and statutes
When researching case law and statutes for a legal memo, it is important to keep in mind the purpose of the memo, the audience, and the scope. A legal memo is a document that presents a lawyer's analysis and assessment of a legal issue or case. It outlines the relevant facts, identifies legal issues, applies relevant laws and precedents, and provides conclusions or recommendations.
To begin your research, it is important to understand the specific question or issue that the memo aims to address. This will help you identify the relevant case law and statutes. The question or issue should be stated concisely and objectively, incorporating legally relevant facts and the rule involved. For example, "Does an attorney who fails to appear at his client's trial commit criminal contempt of court under Atlantis law?"
Once you have a clear understanding of the question or issue, you can start your research by using relevant keywords to locate sources. You can use research platforms such as Bloomberg Law, which suggests additional keywords to explore and provides a secure digital workspace to organize your drafts and notes. As you come across key sources, create a research plan to keep track of them and ensure they are up to date.
When researching case law, it is important to consider the jurisdiction as this will determine the applicable law. Analyze the sources cited in your case to understand the legal principles involved. Use primary sources such as court opinions and relevant case law, and don't rely solely on secondary sources. However, secondary sources can provide valuable background information and lead you to primary sources through their citations.
While researching, be sure to extract key statutory sections and case law quotes that you can incorporate into your memo. Use specific references (e.g., section numbers and paragraph references) so that the reader can easily locate the relevant parts of the case or statute you're citing. Visual aids, such as diagrams and flowcharts, can also be used to concisely present your findings.
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Apply the law to the facts
The "Application" section of a legal memo is where you apply the law to the facts of the case. This is a critical part of the document, and it should be detailed and logical. It is where you will develop arguments and counter-arguments.
Firstly, it is important to identify the relevant facts of the case. These are the facts upon which the resolution of the legal question depends. Present these facts in an objective manner, without argument or analysis, in a straightforward way.
Next, outline the relevant legal principles, statutes, or case law. This is where you will need to cite your sources and ensure they are up-to-date.
Then, apply the law to the facts. This is a detailed examination of how the law applies to the facts presented. This is where you will need to create a coherent and logical analysis.
For example, let's say the issue is whether the defendant is liable for negligence for running a red light and causing an accident. The relevant law might be that negligence occurs when a person fails to exercise the standard of care that a reasonably prudent person would in similar circumstances, resulting in harm. You would then apply this rule to the facts of the case, examining whether the defendant's actions met this definition of negligence.
Finally, remember that the purpose of a legal memo is to inform, not to argue the facts. The memo should maintain an impartial tone, and you should not cherry-pick relevant cases to cite.
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Structure with IRAC
A legal memorandum, or legal memo, is a document that presents a lawyer's analysis and assessment of a legal issue or case. It should be formal, professional, and correctly formatted.
The standard structure for a legal memo is IRAC: Issue, Rule, Application, and Conclusion. Here is a breakdown of each of these components:
Issue
The first step is to identify the problem. The question presented should be narrow and objective, usually in the form of a sentence beginning with "Whether..." or "Does...". It should incorporate the legally relevant facts and the rule involved. For example, "Whether the statements made during a live television interview were defamatory against the client, Elizabeth W."
Rule
Here, you state the relevant law. This is where you conduct legal research and identify the relevant case law and statutes. Primary sources such as court opinions can be found using research tools, and secondary sources can help identify a list of relevant primary sources.
Application
This section involves applying the law to the facts of the case and developing arguments. It is important to provide an objective summary of all relevant case law and how it applies to the specific case. All relevant cases should be included, and the memo should maintain an impartial tone.
The conclusion should be a brief and clear response to the question presented, such as "yes", "no", or "probably yes". It should be more comprehensive than the brief answer but shorter than the discussion section. It should include all relevant and related rulings of the law that support logical recommendations.
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Maintain impartiality
To create a memo for a law case, it is important to maintain impartiality and provide an objective summary of the case. The purpose of a legal memo is to inform, not to argue the facts. It should be predictive, providing an objective analysis of the risks and unknown facts that need further investigation.
When writing a memo, it is important to remember that it is not the place to offer a legal opinion or advocate for one side. The memo must be impartial and provide an unbiased summary of the relevant case law and how it applies to the facts of the case. This includes not cherry-picking relevant cases to cite, as this can compromise the legal strategy and expose the client to legal risks.
To maintain impartiality, the memo should be structured with a clear and concise heading, followed by sections such as the Question Presented, Brief Answer, Statement of Facts, Discussion, and Conclusion. The Question Presented should be narrow and objective, often beginning with "Whether" or "Does". The Brief Answer should clearly respond to the question, and the Statement of Facts should present factual information in a straightforward manner.
The Discussion section is where you can expand on your answer and provide a more in-depth analysis, applying the relevant laws and precedents to the facts of the case. It is important to remember that the Discussion should not be written in a tone that conveys a preference for one side or the other. Instead, it should focus on providing a clear and objective analysis of the legal issues.
Finally, the Conclusion should summarize the key points and provide recommendations or next steps. It is important to maintain an impartial tone throughout the conclusion, focusing on the facts and legal analysis rather than offering opinions or arguments.
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