In my last blog post, we looked at how to start writing a legal memo, in particular, the basic structure and style you should use. This time, we will still be staying on the topic of legal memos but moving on to consider a more detailed structure, what sort of thing goes into each part of the memo and how you should address and sign it. However, we will start by quickly reminding ourselves what a legal memo is and what they are used for.
Primarily, a legal memo is used to inform the intended recipient of, for example, the details of a case and the progress it has made. It may also be used to explain legal policy or update a client, but with all of these, the basic function is the same – to inform. There are a number of different types of legal memo with different audiences in mind, so it is important that you use a structure and style of writing that is suited to its purpose.
What is the Structure of a Legal Memo?
The most important thing to remember when you are planning your legal memo is to make sure it is written in a clear, easy to follow way. This may mean that you need to use sub-headings or use a structure that ensures information is presented in a logical way. There is no one way of writing your legal memo; this is just a basic plan that you can use for ideas. Of course, do check before you start whether you have been given any guidance on structure, as this is the format to use if so.
At the start of your memo, you will need to include all the basic information. One way you can lay this out is as follows.
Recipient: The intended reader(s)
From: Your full name
Date: The date you sent it
File: You should have a reference or client number you can write here to keep all related documents together
Subject: Summary of the topic
If your memo is particularly long or covers many issues, it may be helpful to have a table of contents at the start of the document. You may also decide to have a brief introduction, explaining the context and main areas that you will be writing about.
Facts and Assumptions
You may divide this into two sections or just have a heading for facts, depending on what is needed. The purpose of this section is to make sure your reader is at the same point you are, so include everything relevant to the case, such as what has already been decided and any points of law. This should be presented in a clear and concise way.
You can include assumptions when there are relevant questions without decided answers. Make it is clear what is fact and what is an assumption to avoid confusion.
Issues
This is straightforward – simply state any issues or legal questions raised. Set them out in a concise way, breaking them down into sections if necessary.
Conclusion
In a legal memo, your conclusion actually comes before the discussion. This is to make it immediately clear to the reader what the current situation is, without them having to read the whole memo. You should still be doing this part last as you are writing the memo, just positioning it before the end.
The same rules apply here as to any conclusion, so you should make sure that you have answered all the questions and issues you presented and don’t introduce any new information. In addition, your answer should be direct, without any ambiguity or indecisiveness. It is fine to identify any potential problems but be clear about what this would mean and how your conclusion would change.
Discussion
Your discussion will include different things depending on what type of legal memo you are writing. For a memo to a colleague, you can expect to be looking at legal issues raised by the client’s case. You should analyse all of these issues and set out your writing clearly, using headings as appropriate. Pay particular attention to any split bench issues and include responses to any counterarguments you anticipate.
If your memo is instead focused on producing recommendations, make sure any suggestions you make are practical ones. You will need to assess possible actions that could be taken by the client and decide what the outcome of each one might be.
Policy Issues
If your memo will be considering policy issues or suggested reform to the law, start by briefly summing these up, then discuss the background to these and what their purpose is. What problem with the law are they supposed to be addressing? Explain why they are relevant to the case at hand and how they could affect the judgment if they were law. Make sure you both identify and discuss the possible outcome of any ambiguity.
Sources
Make sure you include all the sources you have used in the list at the end, as you would with any other piece of work. Cite everything in full and make sure you have done so accurately. If you have any web sources, include the date accessed, as these sources may well change by the time your reader accesses them.
Wrapping Up
I hope that this has helped you and you now feel confident about writing legal memos. In my next blog post, we will start considering how you can prepare for your exams, so come back in two weeks for that!
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