Communicating Effectively in Writing Through a

Writing a Legal Memo Legal Writing Series No. 2

Law Library, Monash University

This can be a ‘legal practice’ document, to a colleague or senior member of a law firm a document on legal policy. For example, to a politician or an organisation responsible for policy change, such as a submission to a law reform commission.

The tone will be impersonal and objective, the writing concise and precise, using the accepted citing style. You may use question-style sub- headings, and number paragraphs for ease of reference.

As an assignment, a  ‘memo’ is usually for in-house use, intended to be used by legal colleagues.

You may be asked to add a 'letter to the client' or the memorandum may be for the client as well as for a legal colleague.

You need to focus on the audience as well as the task.

-OR-

If you have any questions, consult your assignment instructions or your lecturer.

For a legal colleague:

A 'letter to a client':

Is written in a more informative, non-legal style, emphasising the possible actions and likely outcomes, usually with recommendations.  

You will be writing persuasively, emphasising the strengths while minimising the weaknesses of the client's position, and arguing in their favour.  

For a legal memorandum addressed to both:

memorandum of advice? What is a

the main document?

Most will be looking at the issues arising from the client’s questions or from a scenario.

Your sub-headings should reflect the issues, and may be phrased as questions.

You need to analyse issues in depth, researching the current legislation, court interpretation.

Remember to investigate the reasons for ‘considered, distinguished’ etc and any split Bench judgments. Then apply these findings to the issues arising.

Anticipate the counter-arguments, and bring each issue to a conclusion. This should be your assessment of a possible court decision.

Relevant policy matters can be included, or discussed in a separate section.  

Commercial Memoranda

What goes into

For recommendations, consider feasibility and practicality. It is not the same as a conclusion; you must assess the likelihood of a course of action having the desired outcome for the client.

eg for an Attorney-General. Start by summarising the issues and their significance.

Usually you will be researching policy matters, perhaps arising from a judgment, perhaps addressing a community concern.

Then move into background, purpose and discussion.

The analysis may have a different focus, such as the intended purpose of the suggested reform, amendment or submission.

You would usually be looking at how the intended legislative change would interact with existing legislation eg between the Commonwealth and the States, or with existing provisions within an Act.

Any potential areas of ambiguity need to be addressed in depth.

Any recommendations would arise logically from your discussion and develop the conclusion of your discussion.

Policy Memoranda

The sub-headings would reflect this approach.

memo structured?

If you need more help, drop in to see a Learning Skills Adviser at the Research & Learning Point on Level 1 of the Law Library.

Suggestions for an in-house research memorandum (Note: THERE IS NO ONE 'RIGHT' STYLE)

There should be a file number (usually on the interview record or file note) so that all records on this case are kept together. Use this number at the start.                                    

Opening:

This can also cover the context and background. It sets out: The main issues AND 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.

Recipient: Sender: Date: Re:

  You may then have

Executive  Summary:

In practice there would probably be a short section outlining the main facts of the case. If you decide to do this in an assignment, try to avoid going into too much detail, especially for relevant facts which will be used in the main discussion.

(ie short for ‘Regarding’ which would be the client or organisation concerned in the legal matter)

or, if necessary: Context or background – be brief!

Your headings will usually be:

How is a

This is a general guide only, always check with your unit guide or lecturer. Brought to you by Monash University Library. Last updated by the Law Library 2016.