Memorandum Notes (Law)

MEMORANDUM TO (Recipient): FROM (Sender): DATE: CLIENT: MATTER: QUESTION PRESENTED    Include the legal issue that you have been asked by your client/partner to answer. Include: o Parties o Cause of Action o Facts relevant to the legal issue The question commonly begins with the words ‘whether’, ‘does’ or ‘is’. CONTEXT / BACKGROUND Set out main issues, the main areas under dispute or those that require most analytical depth and discussion, especially if the research indicates this is a contentious area of law. This should suffice to provide enough context for the reader. This section may include the main recommendation. Identify scope of instructions and research. BRIEF ANSWER Provide a short answer responding to the Question Presented with a brief explanation providing the reason for your conclusion, incorporating the relevant facts and law that give rise to your conclusion. Example:  FACTS – The attorney did not research the effectiveness of a novel defence that McDonnell and his wife hated each other so much they could not conspire to commit a crime.  LAW – An attorney who relies on a novel defence in a criminal trial without researching it, commits legal malpractice. The attorney was obliged to competently represent his client. Competent representation requires an attorney to thoroughly research the relevant law.  APPLICATION OF LAW TO THE FACTS INTO SHORT ANSWER – Yes, McDonnell is likely to prevail in a legal malpractice action against his attorney. His attorney relied on a novel defence, without researching its effectiveness even though attorneys are obliged to thoroughly research relevant law, that McDonnell and his wife hated each other so much they could not conspire to commit a crime. The jury rejected this defence and convicted McDonnell of conspiracy and fraud. STATEMENT OF FACT Provides an objective description of the legally significant facts (i.e. the facts that will be relevant to answering the legal question presented) and any background facts that may provide context. You should present the facts in a logical order but do not comment on the facts of discuss how the law will be applied.  Include: Party names, key dates, key events relevant to each element of the applicable rules, and the jurisdiction. ASSUMPTIONS If you have legal relevant, unanswered questions you might have to make certain assumptions. Identify them in either a separate section or by including them in the above section retitled ‘FACTS AND ASSUMPTIONS’ ISSUES SECTION Identify the issue(s), discuss the applicable legal principles (including the elements and sub-elements of each issue), the relevant cases and how your client’s facts apply to the rules.  Deal with pivotal issues first. List issues and related sub-issues in logical order. Number them. IRAC Issue Begin with a short thesis sentence that briefly identifies the issue and the applicable rule and states a short answer. You should also mention, if applicable, the procedural posture of the case and the burdens and standards of proof Rule and Rule Explanation State the rule, citing any cases or statutes upon which the rule is derived, setting out the elements and sub-elements of the rule and clarifying how they relate to one and another. Focus on the general principles, rather than on the specific facts and reasoning of the case. Application After explaining the rule, you should compare the facts and the reasoning of the cases to the facts of your case, to the extent that the facts / rules in the case are relevant. May be relevant to mention any counter arguments. Conclusion For each issue or sub-issue, you should conclude as to how you think a court would likely rule on your facts. CONCLUSION Summarise you legal analysis to the Question Presented.     Answer the question(s). Be direct, clear and complete. Don’t reiterate your legal analysis. Don’t introduce new information. Number each conclusion to correspond with each issue. DISCUSSION (or ANALYSIS) Describe the relevant law (legislation, cases) and commentary on the law (texts, encyclopaedias, policy statement’s), then apply them to the facts of your case. Either integrate the description and the application, or adopt a sequential two-step approach for each issue.    Predict how the court would likely resolve the issue(s) and apply the law to your specific facts. Group similar cases. Summarise any common facts and principles that emerge. Address fairly any arguments on both sides of an issue. Anticipate what positions and counterarguments might be advanced by the opposing side. “The legal memorandum is the most formal, polish, and comprehensive written document for reporting the results of your legal research.”