> For the complete documentation index, see [llms.txt](https://jennyrice.gitbook.io/wrd-418-legal-writing/llms.txt). Markdown versions of documentation pages are available by appending `.md` to page URLs; this page is available as [Markdown](https://jennyrice.gitbook.io/wrd-418-legal-writing/chapter-6-writing-objective-legal-analyses/about-legal-memos.md).

# About Legal Memos

## <mark style="color:blue;">1. What are legal memos?</mark>&#x20;

Formal legal memoranda, or legal memos, are a standard type of predictive legal writing used extensively by law students and practicing attorneys. Legal memos are typically internal documents, intended to guide an attorney’s own decisions or to advise colleagues or clients within a law firm or organization.

The primary purpose of a legal memo is to provide a reasoned, objective analysis of how a court is likely to apply the law to a particular set of facts.

{% hint style="success" %}
**Above all, legal memos are&#x20;**<mark style="color:orange;">**objective**</mark>**&#x20;and&#x20;**<mark style="color:orange;">**predictive**</mark>**.**&#x20;

**They provide an objective analysis of the legal question, which means you must look at the strong and weak aspects of the case from your client's perspective.**&#x20;

**They are also a way to predict how a court&#x20;*****might*****&#x20;decide the case--even if this means that your client might not win the case.**&#x20;
{% endhint %}

Key features of a legal memo include:

1. **Objective Analysis:** Unlike persuasive writing (e.g., briefs for court), legal memos aim to present an unbiased evaluation of the law. The writer considers all relevant authorities, including cases, statutes, and regulations, and addresses both favorable and unfavorable arguments.
2. **Predictive Focus:** Legal memos answer the question, *“How would a court likely rule if these facts were presented?”* They do not advocate for a particular outcome, but rather analyze the probability of various legal outcomes.
3. **Structured Organization:** A typical legal memo includes:
   * **Issue:** A clear statement of the legal question(s) presented by the facts.
   * **Brief Answer / Conclusion:** A concise, preliminary answer to the issue.
   * **Statement of Facts:** A neutral description of the relevant facts, highlighting those that affect legal analysis.
   * **Discussion / Analysis:** The heart of the memo, where the writer applies legal rules to the facts. This section often uses IRAC (Issue, Rule, Application, Conclusion) or a similar framework.
   * **Conclusion / Recommendations:** A summary of the analysis and, if appropriate, practical recommendations for next steps.
4. **Audience:** Although memos are internal documents, they are written for an informed audience—other lawyers or law students—so they must be precise, thorough, and professional in tone.
5. **Use in Practice:** Legal memos serve multiple purposes in practice:
   * Evaluating the strengths and weaknesses of a potential case.
   * Advising clients on legal risks and options.
   * Assisting in litigation strategy and settlement decisions.

In short, legal memos are an essential tool for reasoning through complex legal problems, predicting outcomes, and communicating those predictions clearly and efficiently within a professional context.

***

## <mark style="color:blue;">2. Components of a legal memo</mark>&#x20;

There are several components that make up a formal legal memorandum: Header, Question Presented, Brief Answer, Statement of Facts, Discussion, and Conclusion.&#x20;

**Header**\
The header in a formal legal memorandum should state to whom the memorandum is addressed, who wrote the memorandum, the date that the memorandum was provided to the recipient, and what the memorandum addresses.

**Question Presented**\
The Question Presented, or Issue, tells the reader the legal issue to be answered and incorporates the major relevant facts that must be considered to determine the answer. Your Question(s) Presented should provide a roadmap to the reader of what each legal issue to be answered in the discussion will be.

You will have one Question Presented per legal issue being decided. So, if you have two legal issues, you will write two Questions Presented, with one Question Presented addressing each legal issue. We'll talk more about how to frame the Question Presented in the section on [Issue Statements and Questions Presented. ](https://jennyrice.gitbook.io/wrd-418-legal-writing/chapter-6-writing-objective-legal-analyses/issue-statements-questions-presented)

**Brief Answer** \
In a formal legal memorandum, your Brief Answer should be placed directly below your Question Presented and it should answer the Questions Presented. If you have multiple legal issues that require multiple Questions Presented, then you will generate a Brief Answer for each legal issue.&#x20;

You should plan to draft the Brief Answer *after* you have written your Discussion and after you have solidified your Question Presented. Just because you are writing this section later, however, does not mean it is any less important. Rather, you likely will not be certain of what your Brief Answer is until after you have completed your analysis and framed your question.&#x20;

**Statement of Facts**\
Your Statement of Facts section is where you include the *legally significant facts* the reader needs to know to answer the legal questions. Give enough background facts to understand the entire picture, and the procedural facts that tell what actions, if any, have been taken in this situation.&#x20;

The first paragraph of the Statement of Facts should identify the parties and establish their relationship both to each other and to the legal question. The reader needs a clear understanding of the players involved in order to understand why the facts being shared are relevant and to whom they matter.&#x20;

The remaining paragraphs should tell a story using the legally significant facts and key background facts. The facts should be presented as objectively as possible. Remember that your role is as an advisor when writing this memorandum, and it is part of your duty to accurately present information, even if certain pieces feel damaging to the client.&#x20;

To decide what facts are relevant, consider what facts you need to know to be able to solve the legal issue presented. Any fact that you think is important enough to be in your Question Presented should also be in your Statement of Facts.

&#x20;Another way to determine what facts are relevant are to articulate which facts, if changed, would modify the outcome of the legal question. Facts that explain the procedural history of the case, in broad strokes, are important.&#x20;

Finally, be sure that you only write facts in your Statement of Facts; it is not the place to argue, to draw legal conclusions, or to editorialize. The Discussion section of your memorandum will provide you ample opportunity to present your legal analysis and draw conclusions.

Plan to write your first draft of Statement of Facts after you have written your first draft of your Question Presented and after you have created an outline of your Discussion but before you write your Discussion. By writing your Statement of Facts before you write the entirety of your Discussion, you ensure that you have a solid grasp on what the facts are in this situation, which is key for providing effective legal analysis.&#x20;

**Discussion**\
The Discussion section of your memo is where you tell the reader what your conclusion is to the legal question posed in the Question Presented and where you expand on your Brief Answer to support your conclusion.&#x20;

You will begin with an introductory "umbrella paragraph," which we'll discuss more in the "Analysis" section of this chapter. &#x20;

After your introductory paragraph, write your legal analysis using your legal writing organizational structure (in this class, CREAC). Each issue/question will have its own CREAC (Conclusion, Rule, Explanation, Application \[including counteranalysis], and Conclusion \[narrowed]).

* Your **Conclusion** acts as your topic sentence and signals to the reader how to consider the next paragraphs within the context of the legal issue. The rest of the CREAC-block will guide your reader through how you reached this Conclusion.
* In the **Rule** part of the CREAC-block, you will summarize the general legal rule. This rule can either be from a statute, a rule that you have synthesized, or both.&#x20;
* Next, in your **Explanation** section, you explain how the rule being has been applied in past cases (precedents).  Show how the authorities demonstrate the rule is what you have stated it is through explaining how the rule has been applied in past cases. \*Remember that you will not yet be discussing your client's legal situation in the Explanation section. That will come in the next part!&#x20;
* In the **Application** section, use fact-matching, analogy, and distinction to show why these past cases predict the outcome you have stated will occur in the present situation. Here, you should be deftly weaving the past cases and the current situation together. Keep in mind that you are showing your work for how you reached your Conclusion, so you want to be as explicit and clear as you can. Do not leave any connecting work for the reader to do alone. You should provide each connection.&#x20;
* Also in your Application section you will provide a counteranalysis that presents what could be another logical outcome in this case. The counteranalysis has to be believable, and you should also show that it is the weaker of logical outcomes. Again, use analogy and distinction, weaving the past cases from your Explanation section into the facts of the current situation to show how “that other outcome” is less likely than the conclusion you draw. The counteranalysis should not be lengthy but it must be complete. &#x20;
* Finally, your **Conclusion** closes the analysis for this issue by restating your Conclusion from the beginning and then adding in the specific facts and legal understandings that are needed. In some ways, this will resemble your Brief Answer, but you should not copy and paste your Brief Answer into this section.

**Repeat your analysis using CREAC for each legal issue that must be addressed by the memorandum.**