how to write a legal memorandum to a non-lawyer client giving legal advice

by Dr. Jolie Gibson MD 8 min read

Provide a fair assessment: divulge the good, the bad, and the ugly. Limit the amount of underlining, italicizing, bolding, and use of exclamation points. Minimize legal jargon; explain necessary legal terms (if writing to non-attorney client).

Full Answer

How do I write a legal memorandum?

Writing a legal memorandum relies on proper research. You must research thoroughly and carefully before you're ready to write a memorandum. When laying out the format for a legal memorandum, note that the following sections should be included: The next step in creating the memorandum is deciding on a logical pattern of readability.

What kind of case law should I use in a memorandum?

(But remember, don't put citations anywhere else in the memorandum.) For the Rule Overview, use binding case law, like statutes and cases from your jurisdiction, unless you absolutely can't find any or there's some independent reason for not doing so.

What is a client-advice memorandum?

The client-advice memorandum (letter) is a species of objective writing. This means that it is objective: it sets out the pros and cons, but . . . not neutral: it has a thesis (i.e., recommendation or conclusion)

Why did the lawyer give me a memo assignment?

The lawyer who gave you the memo assignment is busy. They have more on their plate than you. By giving you an assignment, they are entrusting a piece of a case to you. The last thing they want or need is your “rough draft.”

How do you write a legal memorandum?

The memorandum should be clear so the reader understands the case and the laws that affect it....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.

How do you start a memorandum of advice?

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 do you start a legal letter to a client?

Very truly yours, Madala Suwyn, Esq. 1) Opening paragraph states the client's problem, specifies the legal issue on which the client seeks advice, and states the writer's conclusion. 2) This paragraph and the preceding paragraph set out legally significant facts–facts upon which the writer will base her analysis.

How do you write a statement of facts for a legal memo?

Writing a Statement of FactsTell a story. ... Don't be argumentative. ... You can – and should – still advocate. ... Acknowledge unfavorable facts. ... Eliminate irrelevant facts. ... Describe the record accurately. ... You can include law in the facts if it's appropriate. ... It's not just what you say, but how you say it.

How do you structure a memorandum?

A memo consists of two parts: the identifying information at the top, and the message itself. At the top, identify for whom the memo has been written, who is sending it, the subject, and the date. The subject line serves as the memo's title.

What are the essentials in writing a memorandum?

7 Steps to Write Impressive Memos in Business EnglishKnow the Format. Essentially, a memo has just two parts: a heading (which we'll explain below) and a body (the text of the memo). ... Label Your Memo. ... Create Your Heading. ... Write a Concise Introduction. ... Write the Memo Body. ... End with a Conclusion. ... Proofread.

How do you write legal advice to a client?

How to write to your clients – The LawyerFocus on your reader. ... When writing for colleagues, make your instructions clear. ... Never use the writing process to clarify your thoughts. ... Next, think about the structure and decide what goes where and in what format. ... Keep paragraphs and sentences short.More items...

How do you write a formal letter to a client?

The 10 Keys to a Great Customer Service LetterStart by Saying “Thank You” ... Use Everyday Language and Stick to One Idea per Sentence. ... Use Headings and Bullet Point Large Chunks of Information. ... Avoid Cold, Overly Formal Language. ... Direct the Customer to any Supportive Documents. ... Set Expectations With Timeframes.More items...•

What is the tone of a legal advice letter?

Tone • Page 2 The Client Letter The advice letter to a client should be professional in tone. That is, it should be precise regarding the facts and statement of the law. However, the advice letter may convey support or concern for the client in the situation.

What is an example of a memo?

Memo Example 1: A General Office Memo Coworkers, It has come to my attention that many in the office have been spending time on the Google home page microgames. This memo is a reminder to use your work hours for work.

How do you write a legal statement of issues?

Issue statements (sometimes referred to as Questions Presented) should:Be a single sentence.Be a question that can be answered "yes" or "no"State the legal issue that you will analyze.State the names of the parties.Include enough facts to provide necessary context to the reader.

What are the 5 sections or parts in memorandum?

The components of a memo are the heading and overview, context, tasks and resolutions, details, conclusion and attachments.

What is a legal memo?

It allows lawyers in a firm to get a measure of the depth of your research capabilities, how you process case law, and the quality of how you present your conclusions. If you can demonstrate that you know how to write a good legal memo, ...

What does it mean when a lawyer gives you a memo assignment?

They have more on their plate than you. By giving you an assignment, they are entrusting a piece of a case to you. The last thing they want or need is your “rough draft.”. What they need and expect is your best effort.

What is the most important thing to note before addressing the model template for a legal memo?

The most important thing to note before addressing the model template for a legal memo is not some technical aspect of writing. The most important thing to have firmly settled in your mind is an understanding of the intent of the assignment. What is the purpose of the memo?

What does "someone sued someone for something" mean?

Jones, Somebody sued somebody for something. The trial court held something . (The trial court did not “discuss” something or “analyze” something or “believe” something; it held something. Ordinarily, a trial court grants or denies a motion, or enters a judgment. Use the proper verb to describe the holding.)

Is writing a thinking thing?

Writing is thinking: It’s simple. The amount of information our brains can fit into our short term memory at once isn’t a lot. If you never have thoughts that require notes, then all your thoughts are small or unoriginal enough to fit into your tiny short term memory.

Should the quality of your work slip?

The quality of your work should never slip. It should actually improve. The more writing you do, the more thinking you do, the better you should become at it. Keeping these these things in mind, here is a template to follow.

Writing a legal memo

Legal memorandums that are written as assignments can take three forms: an in-house document, a letter to a client, or a paper on legal policy. All memos provide advice or legal opinion but can have different audiences or intended recipients. They should be clear, concise and informative.

Structuring the memo

The following is a suggested model structure. However, this should be adapted according to needs of the memo or the guidelines of your lecturer.

How to write a legal letter?

Cite any laws or regulations that apply to your legal letter. Make sure to explain how they have influenced your writing of the letter. Proofread your letter – A letter with errors may not be as impactful. Correct any spelling or grammar mistakes, sign your letter, and send it.

What is a legal demand letter?

A legal demand letter is the best way to resolve a conflict in place of a lawsuit. It is a precursor to negotiations on an injustice you may have suffered.

What is a professional legal letter?

Typically, a professional legal letter constitutes: An agreement – The details of the agreement and enough proof to show that it occurred.

What is a letter to a judge?

A letter to a judge can be written by a victim or on behalf of a defendant. It is often written regarding an ongoing case to express how it has affected those involved.

Why do we need legal letters?

Legal letters are written for many reasons. They can be used to facilitate negotiations or remedy a conflict between two people or groups in lieu of a lawsuit. Because of their nature, legal letters should be professional, precise, and concise. They should communicate a message effectively and leave no doubts in the mind of the recipient.

Can you draft a legal letter if you are not an attorney?

A legal letter is often written with the aid of legal counsel. However, you can draft one even if you are not an attorney.

Before You Write

Legal Memo Model Template

  • Memorandum TO: Assigning Lawyer FROM: You DATE: When Memo is Due RE: [Case/Matter Number] [Client Name] [Matter Name] – [Subject of Memo] [Optional] Summary of AssignmentIf you are in a busy firm with lots of lawyers and a constant churn of cases, then it’s probably not a bad idea to get into the habit of including a brief summary regarding the mem...
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Discussing Cases

  • Just as important as the format of the memo (if not more so), is the manner in which you discuss cases. Almost everyone who has come out of law schools in the past twenty years should be familiar with it, but the general format for discussing legal issues is I.R.A.C.(Issue/Rule/Analysis/Conclusion) or C.I.R.A.C. (Conclusion/Issue/Rule/Analysis/Conclu…
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Forging Your Own Way

  • People will read with this and disagree with it. “Well actually, in our firm we do it this way…” Great, do it that way. There is likely a good reason for it given a firm’s culture/size/practice areas/etc. This template is not meant to be the one true path. It’s a blueprint from which to begin. A set of “best practices.” A starting point for you to begin to explore how you want to construct your own …
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