How to Write a Legal Memorandum
A legal memorandum is a document that attorneys use to analyze legal issues and evaluate the facts of a given case. Law clerks or paralegals may also provide preliminary research legal memoranda to attorneys for a legal question or to determine the viability of a new case. Have a question? Get an answer from a Lawyer now!
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Things You'll Need
- Detailed facts provided by the client
- Completed research
- Citation manual (Bluebook or ALWD)
Instructions
- 1Write the "Issue." The first heading of the legal memo should be the "Issue" section. This is a description of the legal issue or legal question to be researched and it should be limited to one sentence. The issue may also be written in the form of a question.
- 2Write a "Short Answer" section. Directly answer the legal issue and briefly describe the law upon which your answer is based. This section should be no longer than two or three sentences.
- 3Write a brief "Statement of the Facts" section. This section should describe in a neutral, narrative form the facts that the client has provided. It should include only the facts that have a bearing on the issue and should be as brief as possible.
- 4Write the "Analysis" section. This is the main body of a legal memo. It must clearly apply the case law you have researched to the facts. Include proper citations whenever you refer to a case law or other law, such as statutes and regulations. You should not include any secondary resources, such as legal encyclopedias.
- 5Write a "Recommendations" section. If you must determine whether the client's case is viable, discuss in this section why the client will prevail or lose based upon your analysis. Base your recommendation solely on your analysis of the legal issue; the purpose of a legal memo is to neutrally evaluate a legal issue, not to advocate a position.
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Tips & Warnings
- Every attorney or firm has specific preferences for the format of internal legal memos. Seek out samples and conform your memo to match them.
- Once you have finished drafting the Analysis section, return to the Statement of the Facts and delete any facts there that you did not refer to in your Analysis section.
- Attach copies of all the cases and other sources you cited to your memo and highlight the portions to which you referred.
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