In my recent blog posts, we have looked at how to write legal essays (Part 1 and 2), how to answer legal problem scenarios (Part 1 and 2), and how to write a case note (Part 1 and 2). This time, we will be considering legal memos. We will start by asking what these are and what they are used for, then move on to consider how you write one if you have been assigned to do this as part of your studies.
In this post, we will discuss what legal memos are and consider what style your writing needs to be in, as well as the basic structure. We will then look at what sort of thing goes into a legal memo and a more detailed structure in the second part of this blog post, which will be up soon!
What is a Legal Memo?
A legal memo, or legal memorandum, is an in-house document used to inform the readers of legal issues. This can include several things; for example, it may be about legal policy, which could be sent to MPs for them to consider before the issue is raised in Parliament. Alternatively, it may be used within a law firm to keep all the colleagues aware of the best legal practice.
On the other hand, a legal memo may be written for a client. This is a slightly different situation, as you need to be aware of the language you are using and ensure it is accessible to anyone, regardless of what legal experience and knowledge they have. A legal memo to a client may be to inform them of the existing background to an area of law and what the likely outcome of their case is; alternatively, it could be an update on how things are currently proceeding.
Sometimes, a legal memo may be going to more than one person or group, for example, to a legal colleague and a client. In this case, you will need to ensure your memo is still accessible to the client, as well as being informative for both them and the legal colleague.
What Style of Writing Should I Use in a Legal Memo?
What style of writing you use will depend on which of the above types of audience you are writing for, but there are some basic tips which apply to all the different types. For all of them, you should be writing formally, so avoid using slang and any casual abbreviations, as these will make you seem unprofessional. In most scenarios, you should avoid using abbreviations at all, with the possible exception of accepted legal ones when you are writing to a colleague, not a client.
You should also make sure your word choice fits the style. The primary aim of a legal memo is to inform, so try to keep your language clear and change some words if necessary. Using ‘such as’ instead of ‘like’ is an easy change to make but can make a big difference. However, avoid making your writing too wordy. This just makes it harder to understand and won’t add anything new to your writing that you couldn’t have said in fewer words.
Finally, set out your answer properly. For a legal memo, this is partly done by structuring it in the format we will be looking at later, but also due to the overall layout. Divide your writing into paragraphs, starting a new one whenever you are making a new point. These paragraphs should link smoothly, allowing the reader to follow the information and any arguments you are giving.
Writing for Audience
So, how will your style vary according to the audience? Well, when you are writing for a colleague, you should be using an objective, purely informative style. Any facts or points should include citations in the correct format, and you can use headings and sub-headings as appropriate.
However, writing for a client should also be in an informative style, but in a more accessible format. This means no jargon, legal abbreviations or other legal terms. You should explain the courses of action available to them and the likely outcomes of each of these, as well as what you would recommend.
If you are writing for both a client and a legal colleague, you will need to blend the two, to make sure the client can easily understand what you mean while still including sufficient detail for the legal colleague. Try to write persuasively, emphasising the strengths of the client’s case.
Basic Structure
A legal memo needs a number of headings at the start, such as recipient, sender, date and a reference number if you have one. It may also help to include the subject of the memo at the top. The main text will then follow. At the end, it can be useful to have an executive summary, including all the main points made in the body of the memo.
Wrapping Up
I hope that this helps you start your legal memo. Next time, we will be looking at the structure in a bit more detail, so come back in two weeks for that!
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