The Internal Legal Memorandum

Purpose of the Internal Legal Memorandum Convey information about a client’s case or other matter within a law firm or other organization Written analysis of a legal problem Typically objective unless your supervising attorney requests a persuasive analysis Evaluates strengths and weaknesses of the arguments of all sides of a case

Consider Your Audience Your supervising attorney is busy—inform him or her clearly and concisely Use professional tone and language Proofread your grammar and spelling Use plain language where possible Avoid unnecessary wordiness

Choose Your Language Carefully Example of professional language: Do not begin your memo like this: “For starters, let’s decide if John Doe’s parents are immune from suit.” Instead: “The first issue is whether John Doe’s parents are immune from suit.” Use simple and direct words and sentences.

Elements of the Internal Legal Memorandum Statement of Facts: What happened? Who is involved? When did the events occur? Include only legally relevant facts Do not use conclusions, legal principles, or source references Include procedural history if applicable Do not omit facts unfavorable to your client First paragraph should identify your client, the legal problem, and the relief sought.

Elements of the Internal Legal Memorandum Question Presented or Legal Issue What is the primary legal issue(s) or question(s) arising from the situation? May use question format: “Is the contract between Mr. Smith and Mr. Jones valid under the Statute of Frauds?” Or use “whether” format: “Whether the contract between Mr. Smith and Mr. Jones is valid under the Statute of Frauds?”

Elements of the Internal Legal Memorandum Brief Answer or Short Answer Here, you will set out one or two sentences answers to your Question(s) Presented or Legal Issue(s) No. The contract between Mr. Smith and Mr. Jones is not valid because the contract involved the sale of real property, and there was no writing to evidence the agreement. The Statute of Frauds requires contracts relating to the sale and purchase of real property to be in writing.

Elements of the Internal Legal Memorandum Applicable Statutes If there are statutes that potentially apply to the fact situation, you might include a separate section where you set out all relevant statutes with proper Legal Bluebook citation.

Elements of the Internal Legal Memorandum Discussion or Analysis Section This is the substantive portion of your legal memorandum You will analyze the legal issues(s) as they apply to the facts of the client’s situation. If there is more than one legal issue, you may choose to use sub-headings in order to organize your analysis. Discuss the law as it specifically controls the legal problem(s). Use proper Legal Bluebook citation format for all sources.

Elements of the Legal Memorandum Conclusion You may choose to include a wrap-up paragraph tying the facts, legal issue, and analysis together in summary form. The End

Checklist See the checklist on pp. 159-161 of your textbook to ensure you have included all elements of your legal memorandum. You can find sample legal memoranda in Appendix C and Appendix D beginning on pp. 515 in your textbook. Additional sample memoranda can be found at: http://www.chessconsulting.org/financialaid/sample01.htm http://www.rhysworks.com/sample%20leg.htm Shapo, Helene S. Writing and analysis in the law. 2003. New York: Foundation Press.