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    How to Write a Legal Memorandum

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    How to Write a Legal Memorandum

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    How to write a legal memo

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    How to write a legal memo

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    Download as docx, pdf, or txt
    9 views6 pages

    How to Write a Legal Memorandum

    Uploaded by

    josephkwolhekya
    How to write a legal memo

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
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    THE LAW DEVELOPMENT CENTRE

    POST GRADUATE BAR COURSE 2021/2022

    First term

    Legal writing

    How to write a Legal Memorandum/memorandum of law

    What is a legal memorandum?

    The legal memorandum is the most formal, polished, and comprehensive written
    document for reporting the results of your legal research. It summarises and
    analyses the relevant law and applies it to a particular fact situation. In practice, the
    memorandum can be a crucial document to a case or file. The memorandum might
    be sent directly to the client or be the basis of other written work, such as a factum,
    opinion letter, pleading, legal instrument, or judgment. Accordingly, given its
    importance and potential uses, your memorandum should adhere to the hallmarks
    of excellent legal writing, including organisation. A well-organised memorandum
    conveys a lucid, methodical way of thinking about the problem. When structuring
    your memorandum, you should adhere to the canon that, to the extent that the
    written word is capable, your writing is and should be a transparent window into
    your thoughts.

    Purpose of a legal memorandum

    The memorandum is written in a law office. The writer takes a client’s problem
    based on a set of real facts, discovers the applicable law, applies that law to the
    facts, assesses the client’s chance of success, and usually, recommends a course of
    action. The memo is complete within itself; another lawyer need read only the
    memo itself to understand the matter and make decisions about it.

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    Determine whether the memo is needed to-

    1. decide whether to take a case,


    2. advise a client,
    3. draft a pleading,
    4. persuade someone,
    5. prepare for trial.

    The memorandum versus the opinion

    The legal memorandum is usually prepared not for the client but for another lawyer
    in the firm. It may serve as the first draft in the preparation of a letter of opinion to
    the client.

    In a legal memo, you may have to set out minor facts or cases to let the senior
    lawyer in your firm know that you have considered them. You may want the senior
    lawyer to assess their applicability, but again, they should not be included in a
    letter to the client.

    About the Writing Process for a Legal Memorandum

    The organization, format and style you choose for you memo should arise from
    your determination of the purpose and the likely readers.

    How the memorandum is structured depends on certain factors, including:

     The purpose of the memorandum

     The reader's needs

     The nature of the situation or problem

     Legal findings

     Subject logic
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     The range of research

     A standard approach

    Note: modern conventions for organization and format of memos exist although
    there are alternative approaches (many firms have their own formats)

    Writing a legal memorandum relies on proper research. You must research


    thoroughly and carefully before you're ready to write a memorandum. When laying
    out the format for a legal memorandum, note that the following sections should be
    included:

     Heading

     A statement of the legal issue

     An answer to the legal issue

     A statement of the facts

     Discussion

     Conclusion

    The next step in creating the memorandum is deciding on a logical pattern of


    readability. This means writing the research in a way that's easily comprehended
    and digested. The memorandum should be clear so the reader understands the case
    and the laws that affect it.

    Heading

    Include in the heading the author's identity, the recipient of the memorandum, the
    date, who the client is, and the subject. Use a numbering sequence in the heading;
    there will most likely be multiple legal memorandums attached to the case.

    3
    Include a brief statement. Begin by answering with a "yes" or "no" and follow with
    a clear and concise explanation for why you gave the particular answer. Include
    any facts for support.

    Table of Contents

    It's helpful to make a table of contents for the reader. A breakdown of the
    approach, structure, and analysis allows the reader to find specific parts of the
    memorandum quickly and easily.

    Statement of Facts

    This statement section covers the presentation of the client's information in an


    objective manner. The facts section covers the relevant facts you used to prepare
    and research the memorandum. Listing the client information and the facts means
    the reader will be accessing the same information you did. This will prevent any
    confusion.

    If applicable, use a diagram, chart, or table to summarize and outline the relevant
    facts.

    Write the information in chronological order if applicable. In some situations, a


    different order may work better. Use whatever order makes the information clear
    and logical. If any facts used pose a disagreement or hint of uncertainty, state this,
    and explain both sides. When laying out the format, you can place the facts before
    or after the issues section.

    Answer

    Answer all questions completely and directly. Don't be indirect, inconclusive, or


    indecisive. Base your answers on a reason that's legally supported. Don't use

    4
    phrases such as "it seems that" or "it would appear that." This is an equivocal
    language.

    Assumptions

    If relevant questions go unanswered, you may be in a position where assumptions


    must be made. A separate section can be created in this case, or the questions can
    be included in the statement of facts section. If you choose the second option,
    rename the "Statement of Facts" to "Facts and Assumptions."

    Legal Issue

    This section is a brief one-sentence statement. It should define the legal question
    and include a few facts. Keep it descriptive and concise for more effect. For
    multiple issues, list them in the order they'll be discussed.

    The most important issue should be the lead-in. It must be written in a simple,
    precise, brief, and articulate manner. List all issues and their related sub-issues in a
    logical, numbered order.

    Discussion

    There are two ways to discuss legal issues. The general format is
    Issue/Rule/Analysis/Conclusion (I.R.A.C). The second option is
    Conclusion/Issue/Rule/Analysis/Conclusion (C.I.R.A.C). The second option has
    become the preferred format since it's clearer for the reader to follow.

    The discussion section is vital as it describes the law and its application to the case.
    This section should include a minimum of one strategy as well as the pros and cons
    of using that strategy.

    Conclusion

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    You can include a conclusion with the statement of facts section or create a
    conclusion at the end that's a summary of the memorandum. It should also include
    a brief outline of the legal analysis.

    Consider the following-

    1. Verb tense
    Most guidelines suggest that you state-
     Facts and court decisions in the past tense
     Legal rules in the present tense
     Recommendations in future tense
    2. Citations
    There are some legalisms you cannot avoid -case citations. In legal
    memorandums, do not let citations interfere with your message. Avoid using
    long introductory phrases in your sentences.
    3. Avoid string citations
    Cite only the leading case in the memo. If you need to cite three or four
    other cases, put the citations in a footnote. Or use endnotes at the back of
    your memo or use a schedule.
    4. Any document longer than three pages needs a table of contents.

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