Legal Memorandum Overview

Importance of Legal Memorandum

• Memorializes Legal Analysis: Documents legal analysis performed by a lawyer.
• Useful Analysis Representation: Even when not directly followed, the analysis style appears in many legal documents.

Purpose of a Legal Memorandum

• Convey Information and Analysis: Focused on specific legal problems related to client matters.
• Current Purpose: Communicate legal analysis to the recipient (senior partner, general counsel, etc.).
• Future Purpose: Prevent duplication of work by allowing future reference and application.

Characteristics of a Legal Memorandum

• Objective Analysis: Non-persuasive, unbiased opinion on legal outcomes.
• Tone and Language: Should be coldly objective to provide realistic scenarios without bias.
• Non-Advocacy: Unlike other legal documents, memoranda are not for advocacy.

Readers of a Legal Memorandum

• Primary Reader: Typically another lawyer with some case knowledge.
• Secondary Reader: Future attorney who may know nothing about the case. Hence, memoranda need comprehensive context.

Structure of a Legal Memorandum

• Header:
  • Title: Memorandum.
  • Recipient: To whom it is addressed.
  • Author: Who wrote it.
  • Date: Shows when the research was completed.
  • Reference Line: Brief description of legal matter and client.
• Major Divisions:
  • Questions Presented: Issues addressed in the memo.
  • Brief Answers: Summary Q&A of the issues and conclusions.
  • Statement of Facts: Story setting up the problem in legal relevance.
  • Discussion: Largest section for complete analysis using the IRAC method.
  • Conclusion: Summarizes the analysis.

Discussion Section and IRAC Method

• IRAC: Issue, Rule, Application, Conclusion.
  • Single Issue: One IRAC analysis without subsections.
  • Multiple Issues: Complex issues with sub-issues and separate IRAC analyses.

Importance of IRAC Organization

• Ensures Comprehensive Analysis: Covers all analytical steps.
• Standard Format: Easier communication among law-trained readers.
• Effectiveness: Proven method for resolving legal questions clearly.

Analogies in Legal Writing

• Well-Organized Discussion: Like a well-layered lasagna, expected and satisfying to readers.
• Poorly Constructed Memorandum: Comparable to a poorly made lasagna, ineffective.

Summary

• Objective Tone: Memorable analysis not favoring any side.
• Targeted Towards Two Audiences: Primary and secondary readers.
• Importance of Proper Organization: Ensures the memorandum is functional and useful.