The legal office memorandum is the most common way attorneys convey information to one another. Typically, junior attorneys write memos for more senior attorneys to memorialize and summarize research and client information. In most law schools, writing a legal office memorandum is one of the first skills law students learn in their legal writing course.
The Purpose of a Legal Office Memorandum
Most memoranda serve one of two functions: analyzing a client’s specific legal problem or answering questions that the client’s particular situation poses. Before writing, a lawyer will research the applicable mandatory (binding) case law and the persuasive (nonbinding) case law to determine the legal landscape. The lawyer will also review any applicable statutory provisions or regulatory issuances from administrative bodies.
After finishing the research process, the lawyer will then interpret the client’s situation in light of the applicable law. An office memorandum sums up the lawyer’s analysis and supplies the facts the lawyer relied upon in reaching the conclusion. The main point of the memorandum should be to advise whether a client can lawfully engage in conduct or predict how a decision maker will rule on a legal problem.
The intended audience for the memo should not have to read the cases, statutes, or regulations the memo discusses to understand the legal landscape. Rather, the point of the memo is to summarize the pertinent law in a digestible, short format that encapsulates the situation succinctly for the reader. After a brief review of the office memorandum, an attorney who was formerly unfamiliar with the case law should be able to give well-founded advice to a client. Ensuring the memo follows a prescribed format keeps it easy for the reader to find the information he or she needs.
The Format of a Legal Office Memorandum
Most memoranda share a common format: a heading, an issue, a short answer, a statement of facts, a discussion, and a conclusion.
The Heading consists of four lines: to, from, date, and subject (re:). You should include your client’s name as well as a descriptive subject in the re: line, as each client file typically will require multiple memoranda.
The Issue section usually contains a statement of the issue the memo addresses. Sometimes the issue is called the “question presented.”
The Short Answer answers the question presented succinctly and should supply a summary of the key reasons supporting the answer.
The Statement of Facts section, often shortened to "Facts," includes an objective statement of the client’s facts that are pertinent to the issue described in the memo.
The Discussion section collects and describes the law, both favorable and unfavorable, applicable to the client’s situation.
The Conclusion is a short section summarizing the contents of the entire memo. It pulls together the most critical facts and legal analysis into a few sentences. In shorter memoranda, lawyers commonly omit the conclusion.
If you follow this format, you will be well on your way to writing a well-organized legal office memorandum.
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