Preparing a legal memorandum
11/8/2014
Preparing a legal memorandum – Best Guide to Canadian Legal Research
Home / Writing & Analysis / Preparing a legal memorandum
Preparing a legal memorandum
A legal memorandum is a highly structured type of writing that follows certain conventions. The structure and conventions are discussed below, and a sample memorandum is included.
Because each legal problem is distinct, no two memoranda will be organised in precisely the same way.
Do not slavishly follow the sample memorandum. Rather, focus on learning about the general structure and components of this form of writing, and apply them to your research assignment in the most effective way for your particular problem.
A legal memorandum is comprised of certain standard elements: the heading a summary of the relevant facts succinct identification of the legal issues a discussion of the law relevant to the legal issues, and application of that law to the facts a conclusion that is responsive to the legal issues.
Each of these elements is discussed in greater detail below.
The heading
The heading should identify the author and recipient of the memorandum, and include the date, client identification, and subject matter. See the Sample Memorandum for an example of a typical heading.
Facts
The Facts portion should list the relevant facts on which you have relied in researching and preparing the memorandum. If you have made assumptions, indicate this.
State the facts objectively and clearly. Usually, the order is chronological. Use definitions to standardize terminology for persons and things that will be referred to frequently in the memorandum. This prevents clutter and inconsistent references to the same thing.
The Facts portion can either precede or follow the Issues and Conclusions portions of the memorandum.
Various formats are listed below. If the Issues and Conclusions will not make sense without reference to the Facts, then put the Facts first. Alternatively, if the Facts portion of the memorandum
Preparing a legal memorandum – Best Guide to Canadian Legal Research
Home / Writing & Analysis / Preparing a legal memorandum
Preparing a legal memorandum
A legal memorandum is a highly structured type of writing that follows certain conventions. The structure and conventions are discussed below, and a sample memorandum is included.
Because each legal problem is distinct, no two memoranda will be organised in precisely the same way.
Do not slavishly follow the sample memorandum. Rather, focus on learning about the general structure and components of this form of writing, and apply them to your research assignment in the most effective way for your particular problem.
A legal memorandum is comprised of certain standard elements: the heading a summary of the relevant facts succinct identification of the legal issues a discussion of the law relevant to the legal issues, and application of that law to the facts a conclusion that is responsive to the legal issues.
Each of these elements is discussed in greater detail below.
The heading
The heading should identify the author and recipient of the memorandum, and include the date, client identification, and subject matter. See the Sample Memorandum for an example of a typical heading.
Facts
The Facts portion should list the relevant facts on which you have relied in researching and preparing the memorandum. If you have made assumptions, indicate this.
State the facts objectively and clearly. Usually, the order is chronological. Use definitions to standardize terminology for persons and things that will be referred to frequently in the memorandum. This prevents clutter and inconsistent references to the same thing.
The Facts portion can either precede or follow the Issues and Conclusions portions of the memorandum.
Various formats are listed below. If the Issues and Conclusions will not make sense without reference to the Facts, then put the Facts first. Alternatively, if the Facts portion of the memorandum