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Legal memo format: how to structure a legal memo
Legal memos give a brief answer to a legal issue with the significant facts, laws, and arguments of your case. Make and share them easily with Adobe Acrobat.
What is a legal memo?
A legal memo, also known as a legal memorandum, is a way for an attorney to support their case with relevant facts. They can be delivered either as a paper document or an eDoc. Memos (sometimes pluralized as memoranda) answer a question and provide a statement of facts, findings, and relevant laws that an attorney will present.
The questions that a legal memo answers can be almost anything, but usually they are common legal issues such as whether a party to a lawsuit bears responsibility or should pay damages.
A memo is distinct from a legal brief. Memos summarize one side’s interpretation of the key facts, laws, and issues at hand, and they state answers plainly. Briefs are more explicitly persuasive and use legal analysis, reasoning, and rhetoric in addition to facts and laws, to show why a given position is correct and what legal principles should apply.
8 steps to mastering the legal memo format.
Legal memos, follow a regular format. This is generally a standardized format, which ensures clarity and consistency across documents. This typical structure includes sections such as a heading, issue statement, brief answer, statement of facts, discussion, and conclusion. Proper formatting is crucial, as it allows readers—whether colleagues, clients, or supervisors—to quickly locate and understand the information they need. A well-organized legal memo demonstrates professionalism, facilitates efficient communication, and minimizes the risk of misinterpretation. Most memos will follow some variation of this structure:
1. Heading
Legal memos are always addressed to someone, like an attorney who has requested them. Clearly state who the memo is for, the date, and the subject matter.
A heading section will generally identify:
•the recipient - To: _____
•the author - From: _____
•the date - a typical format for memo dates is MM DD YYYY
•the subject - Re: _____
2. Table of contents
Give your reader an easy guide for finding specific facts, laws, or arguments within the memo. A legal memo format typically does not include a table of contents, as it is designed to be a concise and straightforward document focused on conveying key information. However, for longer or more complex memos that cover multiple topics or detailed sections, adding a table of contents can be beneficial. It helps readers navigate the document quickly and locate specific sections with ease, enhancing usability and ensuring no critical information is overlooked.
3. Questions
Memos are nearly always written to answer a specific legal question. Clearly state the question presented for your audience. This part of a legal memo format is crafted to be both specific and neutral, ensuring that it does not suggest or assume any particular legal outcome. It should clearly outline the legal issue at hand in a way that is free from bias, framing the question objectively so that it invites an open and thorough analysis. By presenting the issue in a straightforward manner, this section sets the stage for an unbiased evaluation of the relevant laws and facts, allowing the reader to focus on the core legal problem without any preconceived conclusions.
4. Short answer
Give a concise answer to the legal question at hand. The outcome should not have more than four to five sentences and it should reference relevant law and facts. The outcome should not have more than four to five sentences and it should reference relevant law and facts.
5. Facts
Support the short answer with facts, findings, and details about the case or argument. When possible, present the facts section in chronological order and group them under related subheadings.
6. Assumptions
Sometimes you won’t have all of the facts regarding a certain matter. In that case, list your assumptions about what has happened, and state why you believe they are reasonable.
7. Discussion
Cite the applicable rules, relevant laws, and case law, and state how they apply in this situation. The discussion section is also where you can anticipate counterarguments, briefly demonstrate why they are not supported by the facts, and address relevant sub-issues.
8. Conclusion
This last part of a legal memo format is where you restate your answer to the legal question, emphasize why the facts are on your side, and persuasively argue why and how the law favors your argument.
Keep in mind that nothing here should be construed as legal advice. Local laws and practices can differ from jurisdiction to jurisdiction. Consult with an attorney before attempting to assemble any sort of legal document.
When to use a legal memo?
Legal memos come into play during arbitration, negotiation, and arguments. They’re most relevant when you assemble the background facts of your case and present legal research that answers particular questions.
The goal of a legal memorandum is to provide information rather than to advocate for a specific interpretation of the facts. It is an independent, impartial document that highlights potential risks and identifies gaps in the available information that may require further investigation. Unlike a legal brief intended for court, a legal memo avoids presenting a legal argument or expressing a preference for one side over the other.
A legal memorandum should offer an unbiased overview of all pertinent case law and explain its relevance to the facts under consideration. It is crucial to include both supporting and unfavorable precedents, as excluding adverse case law can undermine future legal strategies and increase the client's potential liability.
Create legal memos with Adobe Acrobat.
Adobe Acrobat is optimized for collaboration. Legal memos are often the work of several people or even whole law firms. Multiple attorneys, paralegals, legal writers, and investigators can contribute to creating one.
Acrobat is built with teams in mind. It’s easy for team members to edit copy, highlight specific passages, and make comments within the memo as it’s being assembled. With digital signatures, collaborators and stakeholders can also give their sign-off on sections and subsections quickly, easily, and securely.
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