1. The Internal Legal Memorandum

2. 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

3. 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

4. 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.

5. 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.

6. 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?”

7. 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.

8. 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.

9. 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.

10. 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

11. Checklist
See the checklist on pp 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:
Shapo, Helene S. Writing and analysis in the law New York: Foundation Press.