Legal Writing: QuickStudy Laminated Reference Guide

The Essentials Of A Legal Memorandum

HEADING

Standard format

Identifies the recipient, author, date, client, and main legal issue

QUESTION PRESENTED

States the legal question(s) addressed by the memo

Usually is a question that includes jurisdiction, potential claim, and all of the key facts that create the legal issue

Should be written with global identifiers

BRIEF ANSWER

Gives a brief answer to the question(s) stated in the Question Presented

Usually has three parts:

Answer

Snapshot of relevant law

Snapshot of relevant facts

Consists of a few short sentences that briefly state the relevant law and key facts that support the answer

No citations are needed in the brief answer

FACTS

Identifies the client and the legal issue at the start to orient the reader 2. Sets forth the facts which the legal analysis will use, with enough background facts to give context 3. Is not a detailed restatement of all the facts of the case 4. Must be accurate, specific, and objective

DISCUSSION

Organizes and explains the analysis of the facts and law that leads to the Conclusion

May need point headings or subheadings to read clearly

CONCLUSION

Summarizes the legal analysis

Includes any outstanding issues or facts that the attorneys should investigate

Is not a detailed restatement of all the facts of the case

DRAFTING ORDER

Even though you will organize the memo as outlined earlier in this section, it may be best to draft the memo in the following order to clarify your understanding of the facts and better develop your reasoning

TIP: Before you write the first word, review your due date, and working backwards from a calendar, map out time to research, organize, draft, edit, and revise the memo. Build it in time to do a proper revision and account for emergencies

Write the Heading. You should open a document and create the heading right after you receive the assignment. But be sure to update the date as you continue

Write the first draft of the Facts section

Research the legal theories that apply

Write the Question Presented section

Write the Brief Answer section

Write the Discussion section (legal analysis). As you will note below, this may be broken down into multiple sections.

Write the Conclusion section

Revise and edit the Facts section to include only relevant facts and necessary background

The descriptions of the essential parts of a legal memo are listed in the drafting order. Refer to the list in the beginning of this section