Included in this section are basic guides to writing each of the main sections of a legal memorandum. There is no one way to write a memo, and you should feel free to experiment with other methods. However, if you follow the advice here, you should not stray too far from most attorneys’ expectations.
Note that throughout this section, I have included excerpts from one of my student's assignments regarding whether or not a fictitious client could succeed with a misappropriation of trade secrets claim. These excerpts should serve as a decent model for how to write a legal memorandum.
Note that throughout this section, I have included excerpts from one of my student's assignments regarding whether or not a fictitious client could succeed with a misappropriation of trade secrets claim. These excerpts should serve as a decent model for how to write a legal memorandum.
Before you get started writing your memo, and throughout the legal writing process, consider the following:
1. Know your audience. When you know who will be reading your memo, then you should cater your writing style to the reader's preferences. Whether a judge, supervising attorney, non-profit agency, or legal writing instructor, your reader is your priority. If your audience wants you to include a detailed facts section, you should do so. If your supervisor tells you that you need not include a facts section, then do not include one. The same is true regarding writing style, grammar usage, the level of background you provide concerning the area of law, etc. Your audience should dictate your approach to legal writing.
2. When writing a legal memo, as opposed to a legal brief, chances are that your reader will want an "objective" memo, which plainly explains the legal issue at hand and, if appropriate, analyzes the likelihood of success for a client or potential client with regard to that issue. An objective memo should not be overly argumentative or doctrinaire. You are presenting your best, most honest estimate of what the law is and how it should be applied to the facts at hand.
3. Only address the issues that you set out to address. Identifying the issues that you will address in a memo is a crucial preliminary step. You want to narrow down the scope of your memo as much as possible. Once you have done so, you must stick to the issues that you present in your memo. Do not get side tracked by related (or unrelated) issues. You may make reference to other issues of concern, but you should only discuss and analyze the issue or issues that you identify at the start of your memo.
4. Be as concise as possible, but not at the expense of being thorough. In practice, attorneys have very little time to read lengthy legal memos. Be as concise as you can. Still, do not sacrifice necessary detail. In this regard, clear and detailed headings will help to quickly guide the reader through your memo.
5. Organize your memo according to the relevant legal rules. Once you identify the proper legal issue, analyze the law and identify the appropriate rules that govern that legal issue. Many legal rules are made up of sub-rules/elements/components. Get to know these sub-rules as well as you can and organize your legal analysis according to the structure of the legal rule.
6. Make your memo as easy to understand as possible. Legal writing should not be convoluted and impossible to understand. Draft and revise your memo again and again until you are confident that an average reader could read through your memo and understand exactly what you are attempting to convey.
