Memo: “a brief, informative document used to communicate within an office, such as between attorneys on the same side of a case.”
Legal Writing: How to Write Legal Briefs, Memos, and Other Legal Documents in a Clear and Concise Style. Ed Amanda Martinsek (2009) NY: Kaplan Publishing
An analysis of the law. The goal is to explain to the reader what the law says/requires in a particular area.
“A memorandum might be written, for example, after a client has asked whether a lawsuit would be worth commencing. It would be used most immediately for advice to the client. If the result is a suit, some parts of the memorandum might be read again when the complaint is drafted. The memorandum might be consulted a third time when the attorney responds to a motion to dismiss; a fourth time while drafting interrogatories; a fifth time before making a motion for summary judgement; a sixth time before trial; and a seventh time in preparing an appeal.”
Neumann, R.K.Jr p65
What should a memo include?
Heading – Memo To: From: Date: Re:
Introduction/Question Presented Brief Answer Facts Applicable Statutes (Rule(s)) Discussion – IRAC of each issue Conclusion (overall)
John Bronsteen, 2006. Writing a Legal Memo. New York: Foundation Press, pp38-65
The situation, how it engages with the rule, the legal issues that have arisen and breaking down the issue into a summary of the sub-issues.
Brief Answer: 1st sentence should answer the question asked. Should link to the introduction/ question presented and then explain how the issues will be resolved.
The introduction & Brief Answer may be merged if there is a small(one) simple issue. Eg:
Will Donald Trump be able to get a trademark on the phrase “You’re fired!”? No. Others have already registered it and used it in ways that...