what is attorney memorandum

A legal memo, also known as a legal memorandum, is a way for an attorney to support their case with relevant facts. They can be delivered either as a paper document or an eDoc. Memos (sometimes pluralized as memoranda) clearly answer a question and provide a statement of facts, findings, and relevant laws that an attorney will present.

Full Answer

What is a memorandum of law?

An attorney might use a memorandum to explain and summarize a specific point of law for a judge or for another attorney. A memorandum decision is a written decision, issued by a court, which reports the ruling, and the decisions and orders of the court.

How to write an office memorandum?

Apr 13, 2022 · A memorandum in the legal sense may refer to a comprehensive and organized written document that summarizes and analyzes the relevant laws on the basis of legal research to support a conclusion on a particular legal issue.

Does a legal memorandum need to contain a legal argument?

A memorandum, in general, is a brief writing, note, summary or outline. It is an informal record or outline of something which may or may not be detailed later. A "memorandum of law" may be prepared by an attorney to support a legal argument, which is similar to a brief but with less attention to legal writing formalities.

Will the Judge Read my memorandum of law before the judge?

Attorneys will often ask clerks (or associates) to prepare a legal memorandum about a particular legal issue. This memorandum is used within the law firm and serves to inform the attorney about the legal issue, and includes citations to legal authorities. It will also point out a split of authorities or ambiguities in the law, if applicable.

What does it mean when memorandum was filed?

An informal record, in the form of a brief written note or outline, of a particular legal transaction or document for the purpose of aiding the parties in remembering particular points or for future reference. A memorandum may be used in court to prove that a particular contract was made.

How do you write a memorandum for a lawyer?

When laying out the format for a legal memorandum, note that the following sections should be included:Heading.A statement of the legal issue.An answer to the legal issue.A statement of the facts.Discussion.Conclusion.

What is the difference between legal memorandum and legal opinion?

Memorandum opinion A memorandum decision does not establish legal precedent or re-interpret the law, and cannot be invoked in subsequent cases to justify a ruling. Opinions, on the other hand, always establish a particular legal interpretation.

How long is a legal memorandum?

Short Answer You can do it in 4 or 5 sentences, without including quotes, since this is your position about the subject.

How do I start a legal memorandum?

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.

How are the memorandum of law and the court brief similar?

Office memoranda and court briefs follow a similar format: presentation of the issue, facts, analysis, and conclusion. The major difference between an office memorandum and a court brief is the orientation of the presentation. An office memorandum is designed to inform and is written in an objective manner.

What is the difference between an objective legal memorandum and a persuasive memo of law?

A persuasive memo asks you to persuade someone of something. It contains components of both an objective memorandum (as the format is similar) and a persuasive brief (as the tone is similar). However, this differs from an objective memorandum because it is persuasive rather than objective.Mar 30, 2018

How is a law office memorandum similar to a client opinion letter?

Because the purpose is to inform the client of the law and provide legal advice, the opinion letter is drafted in the same objective tone as the office memorandum. The difference is that the client is usually a layperson unfamiliar with legal terms and legal writing.

What is a memorandum of law?

Memorandum Law and Legal Definition. A memorandum, in general, is a brief writing, note, summary or outline. It is an informal record or outline of something which may or may not be detailed later. A "memorandum of law" may be prepared by an attorney to support a legal argument, which is similar to a brief but with less attention ...

What is a memo of decision?

A "memorandum of decision," or "memorandum opinion," is a short statement by a judge announcing his/her ruling without explanation or giving detailed reasons, which may or may not be followed by a more thorough written decision.

Why is legal writing so complicated?

One of the reasons legal writing was so complicated was because attorneys wanted to cover their bases and make sure that their documents were as complete as possible. As legal writing has evolved, there has been a movement to move away from convoluted legal ...

What is a legal memorandum called?

Legal memoranda are sometimes called “briefs”. The word “brief”, however, has another meaning – it refers to a short synopsis of a case. Instead of reading a 25 page case, for example, many attorneys will ask their clerks (or their associates) to summarize a case – or to “brief” the case.

How to write a case brief?

When writing a case brief, begin with the name and citation of the case. The first section of the case brief usually contains a description of the facts of the case. The second section will contain a brief description of the procedural history of the case, that is, a short description of what happened at the trial level and at the appellate level, ...

When to use a memorandum?

To recap, legal memoranda are used in connection with motions, both pre-trial and post-trial. Occasionally, during trial, the court may ask for a memorandum on a particular legal issue. The courtroom, however, is not the only arena in which legal memoranda can be involved.

What is the longest part of a memo?

The longest, and most important, part of the memo is the discussion section . This is the section in which the party’s argument is maintained, legal authority is cited, and conclusions of law are drawn. Finally, the last section in the memo is the conclusion, which summarizes the arguments contained within the memo.

How to cite more than one state court decision?

Citation of more than one state court decision is similar – always begin with the highest state court, then the appellate level, and, finally, the trial court level. The decisions from each level should be listed in reverse chronological order.

What is an office memo?

One final but important reminder: an office memorandum is a predictive statement of the law. You are not writing to persuade a court but to predict how a court would apply the law to the facts of your situation. Therefore, you need to maintain an objective tone, and remember to address any counterarguments.

How to write a conclusion for a law essay?

Then give a brief (usually no more than four or five sentences long) self-contained explanation of the reasons for your conclusion. Summarize for your reader how the relevant law applies to your significant facts.

What are the sections of a memo?

The standard office memorandum usually contains the following sections: 1. HEADING or CAPTION . 2. QUESTION PRESENTED. 3. BRIEF ANSWER.

What is a memo?

A memorandum or memo for short is a way of communication that is also recorded for posterity. Memos are usually issued when vital changes have been made to a company’s policy or one of its projects. A memorandum definition and example can be seen in the image below: [Image will be uploaded soon]

What is an office memo?

An office memorandum meaning a memo issued by a member of a governing body or an organization is simply a method of communication which will convey certain details between two members (or department heads in some cases) of the same organization/governing body.

What is the purpose of a memo?

The uses of a memorandum are as follows: A way to transfer knowledge of a specific process. To convey specific details on a project.

Why do we use memos?

This is why memos are used in all organizations for reasons as simple as “how to use the office coffee machine” to something as serious as budget cuts and loss of employment. Memos are usually for internal use and are used for all manner of purposes regardless of how small or big.

What is memo in communication?

Memos are a timesaving mode of communication and are quite convenient to use. (especially with an intranet) Given that memos are intra-office, there will be no need to use expensive paper. The recycled paper will be acceptable. Memos are stored for the future, and such can be referred later if needed.

Is a memo formal or informal?

A memo is an official document, so it is important to be formal. The information to be written should have a logical progression and arrangement for better understanding. If bullet points are possible, they should be used. Given the official nature, it is best to be polite. Always proofread your memo.

What is memo writing?

Ans: Memo writing is a skill that allows for better communication; here are a few tips one should know about them: One should avoid slang when writing a memo. It is recommended that memos always use active voice. Personal office memos may use the first person.

What is a memorandum of law?

A legal memorandum, also known as a memorandum of law, is a document that spells out the facts of a particular case, what laws apply to that case, as well as how those laws should be interpreted and/or applied to reach a decision. An attorney prepares a memorandum of law to succinctly explain the facts and the law in advance ...

What is a legal memorandum?

A succinct answer or opinion by the attorney that allows the reader to immediately understand the basic conclusion that will be reached in the body of the memo can follow the question . There may be qualifications and conditions. For example, a plaintiff may be able to prove a violation of the law if he can prove the defendant's intent, or provide conclusive written evidence or testimony that will be admissible in court. However, a legal memo is not the same as a legal brief; while a brief attempts to persuade, the legal memorandum aims to simply inform.

What is the discussion section of a case?

The discussion section gives the attorney's own interpretation of the law and how it may apply to the facts already presented. In this section, the author may give a short history of the relevant law and how it has already been applied in similar cases. Courts rely heavily on precedent; if a case directly "on point" has already been decided and conforms to the attorney's interpretation, the attorney has a strong argument in favor of a similar conclusion by a judge or jury. The discussion may also touch on possible objections and the specific evidence to be brought to the trial or hearing by the attorney and his client.

Who is Tom Streissguth?

Founder/president of the innovative reference publisher The Archive LLC, Tom Streissguth has been a self-employed business owner, independent bookseller and freelance author in the school/library market.