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How to Write a Legal Memorandum

By M. Wade, eHow Contributor


updated: April 30, 2010

A legal memorandum is a document that attorneys use to analyze legal issues and evaluate the
facts of a given case. Law clerks or paralegals may also provide preliminary research legal
memoranda to attorneys for a legal question or to determine the viability of a new case.

Instructions
Things You'll Need:
• Detailed facts provided by the client
• Completed research
• Citation manual (Bluebook or ALWD)

1. 1

Write the "Issue." The first heading of the legal memo should be the "Issue" section. This
is a description of the legal issue or legal question to be researched and it should be
limited to one sentence. The issue may also be written in the form of a question.

2. 2

Write a "Short Answer" section. Directly answer the legal issue and briefly describe the
law upon which your answer is based. This section should be no longer than two or three
sentences.

3. 3

Write a brief "Statement of the Facts" section. This section should describe in a neutral,
narrative form the facts that the client has provided. It should include only the facts that
have a bearing on the issue and should be as brief as possible.

4. 4

Write the "Analysis" section. This is the main body of a legal memo. It must clearly
apply the case law you have researched to the facts. Include proper citations whenever
you refer to a case law or other law, such as statutes and regulations. You should not
include any secondary resources, such as legal encyclopedias.

5. 5
Write a "Recommendations" section. If you must determine whether the client's case is
viable, discuss in this section why the client will prevail or lose based upon your analysis.
Base your recommendation solely on your analysis of the legal issue; the purpose of a
legal memo is to neutrally evaluate a legal issue, not to advocate a position.

Read more: How to Write a Legal Memorandum | eHow.com


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