A legal memo or a legal memorandum is a specific type of essay dealing with a legal issue. The legal memo is usually written and researched by a paralegal, a law student, or lawyer. It contains these basic elements: statement of facts, issues, conclusions, discussions of the law pertaining to facts, citations of previous applicable cases, and recommendations based on this discussion.
Order of the information contained in a legal memo can differ. Usually one begins with a statement of facts. This section of the legal memo is usually a brief but succinct paragraph that states the relevant facts at hand. A statement of legal issues that underlie the facts tends to follow the statement of facts.
At this point, a conclusion may be offered which will direct the discussion of previous cases dealing with the stated issues in the legal memo. Alternately, the conclusion may come at the end of a legal memo. Format depends upon the law firm for which one is practicing or working, or the way in which a law school dictates format if one is writing a sample legal memo.
A conclusion can then be followed by a discussion of all relevant examples of law, or rulings that prove a conclusion and suggest logical recommendations. This section involves a great deal of research to show that the lawyer is justified in taking whatever position she does. Everything must be cited according to the preferences of the firm or school.
Based on discussion and citation, the legal memo may conclude with recommendations on how to proceed, and how best to help a client with a legal issue. Generally, the legal memo is just a part of the legal process.
A longer version of the legal memo, which may be presented to a judge when numerous decisions must be made, is a legal brief, citing all relevant sources that “prove” an attorney’s stance on the law. These briefs, like the legal memo, support arguments for certain kinds of rights and rulings accorded to a client.
To the layperson, the legal memo is just one way in which lawyers gather research to effectively argue or settle a case. It is similar to a research paper, but tends to be organized into very clear sections, and is law specific.