Ask the Question A legal memorandum begins with a concise statement of the question at hand. Try to approach this section using rules synthesized from the cases, rather than simply listing a series of individual cases.
In your own memo, you can recount the facts completely chronologically, you can put the most important incidents or facts first, or you can cluster the facts into discrete topics if the facts are complex and if this is the easiest way to understand them.
However, if that would result in repetitive discussion of the same cases in different sections of the memo, it might be better to combine your discussion of some of the sub-issues.
However, a legal memo is not the same as a legal brief; while a brief attempts to persuade, the legal memorandum aims to simply inform.
The Sample Memorandum uses in-text citations. A note on bibliographies If your memorandum is especially long or complex, you may wish to provide a bibliography at the end, listing all of the authorities you have cited.
Note how the writer alerts the reader to the key point of the doctrine, that general advertisements are treated in law as invitations to negotiate, not offers. You can summarize the issue in the form of a topic sentence or question. IRAC need not be applied rigidly as long as all the elements are covered.
If the author relies on written records, he must cite the source title and page number. A complete and well-balanced question presented is incisive — it immediately gets to the heart of the legal question — and it orients the reader to the factual context.
Your decision about how to divide up the legal issues will influence the way that you apply IRAC. In the application section, you might draw analogies or contrasts between the cases discussed in the rule proof and your facts as a way to reach your conclusion.
The court held that an advertisement by a department store was not an offer but an invitation to all persons that the advertiser was ready to receive offers for the goods upon the stated terms, reasoning that such a general advertisement was distinguishable from an offer of a reward or other payment in return for some requested performance.
The memorandum must also discuss any relevant facts or conditions that are either unknown or to be determined, and that should affect the decision in the case.
Reference notes linked to citations in the text normally follow, if they have not been given on individual pages of the memorandum. For this reason, many people do not write the final version of the question presented or the short answer until they have almost completed the "discussion" section of the memo.
This is particularly important in the Conclusion section. The items in each section should be listed in alphabetical order. However, usually you have to make a decision about what a court would likely do if faced with your fact situation.
The discussion of each issue should include an introduction, an explanation of the applicable legal rule, an application of the rule to the legal problem, and a conclusion in respect of that issue. You may not be sure which facts are most legally significant when you first start writing the memo.
As a general rule, include no citations. Your conclusion can convey that you are completely confident the court will rule as you predict or that, given the state of the legal authority, the outcome is really a toss-up and could go either way. After you have done all this, you must take a position and make a statement about how the court will apply the law.
The issue can also be referred to in the heading for this part of the Discussion section. Although you will include overall conclusions elsewhere in your memorandum, it is also important to reach a conclusion on each legal issue as it is dealt with in turn.
It may be the case that you cannot predict with certainty the outcome of your case, given your facts. A note on citations Your memorandum may be used to draft a letter to the client or a brief to the court, so it is extremely important to cite all of your sources and pinpoint to paragraph or page numbers as much as possible.
The discussion may also touch on possible objections and the specific evidence to be brought to the trial or hearing by the attorney and his client. Hence, it was not possible for the defendant to make a valid contract by mere acceptance of a "proposition. Remember that the ultimate goal of legal citations is to ensure your reader can easily find any of the material you reference.
This is not to say that you should omit facts that have an emotional impact.
Since you are not advocating for any side, you ought not color or characterize the facts as you would if you were writing a brief. Since the purpose of the memorandum is to answer the legal question posed, you cannot simply say that the law is unclear and leave it at that.12) Since memo writing is predictive writing, you should try to maintain an objective and impartial tone as you recount the facts.
This is not to say that you should omit facts that have an emotional impact. The most important thing to note before addressing the model template for a legal memo is not some technical aspect of writing.
The most important thing to have firmly settled in your mind is an understanding of the intent of the assignment. A legal memorandum presents research and analysis and applies the research and analysis to particular facts.
A legal memorandum follows a general structure and follows certain conventions. The structure and conventions are discussed below, and a sample memorandum is included. 61 Legal Memorandum Format Sample On the following pages is a legal memorandum formatted the way your memos in this class should be formatted.
The substance of this memo comes from Appendix A of the Wellford text. Jul 02, · How to Write a Legal Memo Five Parts: Organizing the Facts Researching the Law Assembling the Argument Drafting the Memo Polishing the Memo Community Q&A A legal memorandum is a document written by a lawyer for the benefit of a client%(22).
Fall Perspectives: Teaching Legal Research and Writing Vol. 8 PERSPECTIVES STRUCTURE YOUR LEGAL MEMORANDUM The legal memorandum is the most formal, polished, and comprehensive written document suggestions might help you to craft a suitable, effective, and time-efficient format for reporting.Download