how to write a research memo law

• Legal Document Templates Collection

Legal Memos: Templates, Tips, and Structures

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Contents: Guide To Legal Document Templates Collection

1. legal resumes: template, tips, and examples, 2. a guide to legal case management templates, 3. attorney timesheets: templates and how to write, 4. a guide to legal disclaimer templates.

5. Legal Memos: Templates, Tips, and Structures

6. guide to legal brief templates, 7. every lawyer needs these 4 law firm email templates, 8. legal client intake form: template and how to use, 9. legal client letter template: structuring and writing, 10. legal billing: free billing template included.

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Legal memos typically outline the legal issues in a case and the lawyer’s assessment of that situation concerning the law. Legal memo templates help standardize document formats. The best templates will provide a framework to ensure all necessary details are included in the document.

Legal document drafting software, such as Clio Draft , helps to easily create legal memo templates, reducing room for error and making the process easier than ever ( book a demo here to learn more ).

Legal memos typically take one of three forms. Each one has a unique purpose depending on who the recipient is. These include: 

• An in-house document.
• A letter to a client.
• A paper on legal policy. 

Legal memos are critical for communicating research-based facts or noting significant information for courts, clients, and policy analysis, among other purposes. Legal memos also happen to be incredibly versatile. They’re not just for lawyers—all legal professionals should know how to draft legal memos. 

Even though they can be casual, e.g., given from coworker to coworker, a legal memo is still a legal document and should be formal, professional, and formatted correctly. Follow our tips below for setting up a legal memo template.

How to write a memorandum of law

A legal memo template will provide a valuable format and structure, but you’ll still need to invest time into writing it. Depending on who you’re writing the legal memo for, the tone and language you use will change.

4 reminders when writing legal memos: 

• Plan and outline your memo. 
• Avoid legal jargon when writing for clients. This may confuse them, impact their understanding, or simply isolate them. 
• Be formal and professional in your language, but write plainly. There’s no need to use big words when a more conversational one will do. 
• Always proofread! In fact, if it’s possible, have another colleague read and review your memo.  

What should be included in a legal memo?

In most basic terms, a legal memo should include the date, who the memo is addressed to and who it’s from, and the basis for the memo.

The below format is a relatively simple and versatile legal memo template. However, note that depending on your practice area, you might choose to include specific details or fields in your firm’s template. 

To: Harvey Specter 

From: Mike Ross

RE: Defamation Case – Elizabeth W. 

Date: Feb 14, 2022

Question: Were the statements made during a live television interview defamatory against the client, Elizabeth W.?

Brief answer: Probably yes.

There are two common sentences for the brief answer section of the legal memo: Probably yes, or probably no. 

Statement of facts to support the answer: Yes, the interviewees provided false statements which were positioned as facts.  

The goal of a statement of facts is to present factual information in a straightforward, easy-to-understand way.

Discussion: Examples of defamation can be noted at timestamps x, y, and z of interview when… 

The discussion is the most thorough portion. This is where you expand on your brief answer to support your conclusion.

Conclusion: Here are all relevant and related rulings of the law which support logical recommendations. 

Your conclusion should be more comprehensive than the brief answer but will be significantly shorter than the discussion section.

Legal memo template

To help you out, we have put together an internal memo template, below. You can download it and you can use as a starting point .

Just remember— a legal memo template is just an ideal starting point. Use it as a guide, but be sure to make it your own.

More legal memo examples and template examples 

Below are some links to examples of legal memos and legal memo templates. 

• Interoffice legal memo template
• A legal memo template for internal delivery
• Formal legal memo template
• Example of a memo addressed to a supervising attorney 
• Research memo example
• Example of a memo addressed to counsel

If you’re looking for more legal templates, be sure to take a look at our legal templates hub .

Final thoughts on legal memos

Legal memos are incredibly versatile and useful. Depending on your firm size and area of practice , they might serve as a communication pillar when interacting with colleagues , clients, partners, and judges, among others. Having a reliable legal memo template will ensure you always have a clean and readable structure to start with. At the same time, you can reduce your overall writing time.

However, as we explained above, a legal memo template is just an ideal starting point. Polishing your writing skills is critical, given the various audiences reading your legal memos. By improving your legal writing abilities, you can write faster and more easily. 

The best way to get better at writing is to practice writing. So, use the templates above and start practicing. Sharing your templates with a colleague or friend who’s also a legal professional is another way to hone your skills. 

And again, when you’re done, don’t forget to make the most out of your template.

Written by: Madison Arrotta Last updated: July 18, 2024

Practising Law

How to write legal research memos.

As a junior lawyer, I probably spent 500+ hours writing research memos. If you’re starting out, here’s an example research memo and some tips I’ve learned to structure and write these monsters:

1. Introduction (section 1)

This is where we state the exact question that this research memo is answering.

The introduction should provide enough context so that somebody who may not be involved in this matter can understand what’s going on. Often, memos and advices will be circulated beyond your immediate instructing supervisor (e.g. to another partner, to the client’s legal team, to a director in the client organisation for approval etc). A well-written introduction allows anyone to pick up the document and understand what its purpose is (e.g. considering prospects for potential litigation, responding to a claim, updating company contracts).

For complex legal questions, I would write this introduction out in its entirety and confirm with my supervisor before diving into the legal research.

2. Executive Summary (section 2)

This sets out the answer to the question. It should be written so that a reader can get the answer and the recommended next step(s) by reading just the Introduction and Executive Summary. It’s not uncommon for clients to expect to read only these sections to get the answer to their question(s) – so it’s worth writing this as if it’s a standalone document.

Some lawyers make use of visual aids (diagrams, flowcharts etc.) in this section to concisely set out the answer.

The remainder of the memo is there to explain the reasoning behind the answer if the reader wants to know more. It’s also helpful to list out what is explored in the rest of the memo (i.e. mini table of contents).

3. Body (sections 3 to 7)

This is where we set out the relevant factual background (if known), key assumptions (if any), and detailed legal analysis.

It’s hard to give tips on getting to the right answer (it really just depends on experience, time and brainpower), but a general rule is to make this a standalone document with maximum readability by:

4. “Moving Forward” / Next Steps (section 8)

Here we can restate the answer and, more importantly, our recommended actions following this memo. Even if we’re not strictly correct with these next steps, it shows we’re thinking beyond the immediate task and it’s a good way to stay involved in the matter beyond the discrete task when checking back with our supervisor.

5. Footnotes

Here’s where we make use of those hard-earned legal citation skills from law school. The key is to be specific (i.e. section numbers and paragraph references) so that the reader can immediately pinpoint the relevant parts of the case / statute you’re referring to.

In presenting the memo, it’s also handy to attach the key cases / statutes that our research memo is based on. If you / your supervisors are used to working with digital versions of documents, then it’s also good to hyperlink the relevant cases / statutes / websites that you’ve referred to.

Final thoughts

As we start out, it’s common to write legal research memos for your colleagues to review and ultimately turn into client-facing advices etc. The next step in our development is to prepare these memos so that they’re suitable for the final audience. A good first step is to ask your instructing supervisor how they’re intending to use this research memo, how they’d like it presented so that it’s easier to turn into the final product, and (subject to their review) whether you can do the first draft of that conversion exercise.

Law of the Day

Crafting a strong memorandum of law: a step-by-step guide.

Reading Time: 11 Minutes

A memorandum of law, also known as a legal memorandum, is a document used to communicate the results of legal research and analysis. Typically written by lawyers or legal professionals, it informs clients, colleagues, or courts about specific legal issues. The primary purpose of a memorandum of law is to provide a clear, concise analysis of relevant legal issues, present applicable laws, and explain how they apply to the facts of a particular case.

This document serves as a tool for lawyers to organize their thoughts and present legal arguments in a logical and persuasive manner. Beyond providing legal analysis, a memorandum of law serves as a record of the research and reasoning behind developing a legal argument. It ensures that all relevant legal authorities have been considered and that the legal argument is well-supported.

Additionally, a memorandum of law can be used as a reference document for future legal proceedings or as a basis for drafting legal briefs and other court documents. The overall purpose of a memorandum of law is to provide a comprehensive, well-reasoned analysis of a legal issue, facilitating informed decision-making and the presentation of persuasive arguments in legal contexts.

Key Takeaways

• A memorandum of law serves to analyze and present legal issues and arguments in a clear and concise manner.
• Identifying key issues and facts is crucial in understanding the context and scope of the legal analysis.
• Researching relevant case law and statutes is essential for supporting legal arguments and providing precedent.
• Organizing your legal analysis helps to present a logical and coherent argument for the memorandum.
• Drafting and structuring the memorandum involves outlining the legal analysis and arguments in a clear and organized manner.

Identifying the Key Issues and Facts

Understanding the client’s situation.

This involves carefully reviewing the client’s situation, understanding the specific legal questions that need to be addressed, and gathering all pertinent information related to the case. By clearly identifying the key issues and facts, lawyers can focus their research and analysis on the most critical aspects of the case, which will ultimately lead to a more effective and persuasive memorandum of law.

Conducting Thorough Research

In order to identify the key issues and facts, lawyers must carefully review all relevant documents, such as contracts, pleadings, and any other materials related to the case. They must also conduct thorough interviews with the client and any other individuals involved in the matter. By doing so, they can gain a comprehensive understanding of the case and determine which legal principles are most relevant.

Anticipating Counterarguments

Additionally, it is important to consider any potential counterarguments or weaknesses in the client’s position, as this will help to anticipate and address potential challenges in the memorandum of law. Overall, identifying the key issues and facts is a crucial first step in preparing a well-reasoned and persuasive memorandum of law.

Researching Relevant Case Law and Statutes

Once the key issues and facts have been identified, the next step in preparing a memorandum of law is to conduct thorough research on relevant case law and statutes. This involves examining court decisions, statutes, regulations, and other legal authorities that are applicable to the specific legal issues at hand. By conducting comprehensive research, lawyers can ensure that their legal analysis is well-supported and that they have considered all relevant legal authorities.

When researching case law and statutes, it is important to use reliable sources such as legal databases, court websites, and reputable legal publications. Lawyers must carefully review and analyze each relevant authority to determine how it applies to the specific facts of the case. They must also consider any conflicting or distinguishing authorities, as well as any recent developments in the law that may impact their analysis.

By conducting thorough research, lawyers can develop a strong understanding of the legal principles that are relevant to the case and can effectively support their legal arguments in the memorandum of law. In addition to researching case law and statutes, lawyers may also need to consult secondary sources such as legal treatises, law review articles, and practice guides. These sources can provide valuable insights and analysis on complex legal issues, as well as guidance on how to interpret and apply relevant legal authorities.

By utilizing a variety of research tools and sources, lawyers can ensure that their memorandum of law is well-informed and well-supported by authoritative legal principles.

Organizing Your Legal Analysis

After conducting thorough research on relevant case law and statutes, the next step in preparing a memorandum of law is to organize the legal analysis in a clear and logical manner. This involves outlining the key legal issues, summarizing the relevant facts, and presenting the applicable law in a structured format. By organizing the legal analysis effectively, lawyers can present their arguments in a persuasive and coherent manner, which will ultimately enhance the effectiveness of the memorandum of law.

One common approach to organizing a legal analysis is to use a traditional IRAC (Issue-Rule-Analysis-Conclusion) structure. This involves first identifying the legal issue or question that needs to be addressed, then summarizing the relevant rule of law that applies to the issue. Next, lawyers must analyze how the rule of law applies to the specific facts of the case, considering any potential counterarguments or alternative interpretations.

Finally, they must draw a conclusion based on their analysis and clearly articulate their legal argument. In addition to using an IRAC structure, lawyers may also choose to organize their legal analysis by dividing it into separate sections for each key issue or sub-issue. This can help to ensure that each aspect of the case is thoroughly addressed and that the memorandum of law is well-structured and easy to follow.

By organizing the legal analysis effectively, lawyers can present their arguments in a clear and persuasive manner, which will ultimately enhance the overall quality of the memorandum of law.

Drafting and Structuring the Memorandum

Once the legal analysis has been organized, the next step in preparing a memorandum of law is to draft the document and structure it in a clear and coherent manner. This involves carefully crafting each section of the memorandum, including an introduction, statement of facts, legal analysis, and conclusion. By drafting and structuring the memorandum effectively, lawyers can present their arguments in a logical and persuasive manner, which will ultimately enhance the overall impact of the document.

In drafting the memorandum of law, it is important to use clear and concise language that effectively communicates the legal analysis and reasoning. Lawyers must carefully consider their audience when drafting the document, whether it be a client, colleague, or court, and tailor their language accordingly. Additionally, it is important to ensure that each section of the memorandum flows logically from one to the next, so that the overall argument is well-structured and easy to follow.

In structuring the memorandum of law, lawyers must also consider how to effectively present the relevant facts and legal authorities. This may involve using headings and subheadings to clearly delineate different sections of the document, as well as using citations to support their legal analysis. By structuring the memorandum effectively, lawyers can ensure that their arguments are well-supported by authoritative sources and that their reasoning is presented in a clear and coherent manner.

Reviewing and Revising for Clarity and Coherence

Ensuring Clarity and Coherence

After drafting the memorandum of law, it is crucial to review and revise the document to ensure clarity and coherence. This involves meticulously proofreading the document for grammatical errors, typos, and other mistakes, as well as ensuring that the language is clear and concise. Lawyers must also review the document to ensure that their legal analysis is presented in a logical and coherent manner, effectively communicating their arguments.

Evaluating the Document’s Structure and Arguments

When reviewing the memorandum of law, lawyers should assess whether each section flows logically from one to the next and whether their arguments are well-supported by relevant facts and legal authorities. They should also evaluate whether their language effectively communicates their reasoning and whether any potential counterarguments or weaknesses have been adequately addressed. By doing so, lawyers can ensure that their memorandum of law is well-structured and persuasive.

Seeking Feedback and Revising the Document

In revising the memorandum of law, lawyers may seek feedback from colleagues or supervisors to gain additional perspectives on their arguments. This can help identify any potential weaknesses or areas for improvement in the document, as well as ensure that all relevant considerations have been thoroughly addressed. By revising the memorandum for clarity and coherence, lawyers can enhance the overall quality of the document and ensure that their arguments are effectively communicated.

Finalizing and Presenting the Memorandum

Once the memorandum of law has been reviewed and revised for clarity and coherence, it is ready to be finalized and presented to its intended audience. This may involve preparing a cover letter or other accompanying materials to introduce the memorandum, as well as ensuring that it is properly formatted and organized for presentation. By finalizing the memorandum effectively, lawyers can ensure that their arguments are presented in a professional and persuasive manner.

In finalizing the memorandum of law, it is important to ensure that all citations are properly formatted according to relevant citation guidelines, such as The Bluebook or ALWD Citation Manual. This will help to ensure that all legal authorities are accurately cited and that the document meets professional standards for legal writing. Additionally, lawyers should carefully review all accompanying materials to ensure that they effectively introduce and support the memorandum.

Finally, once finalized, lawyers must present the memorandum of law to its intended audience in a professional manner. This may involve submitting it to a court as part of a legal brief or motion, presenting it to a client as part of legal advice or strategy recommendations, or sharing it with colleagues for review or discussion. By presenting the memorandum effectively, lawyers can ensure that their arguments are well-received and have maximum impact in a legal context.

In conclusion, preparing a memorandum of law involves several key steps including understanding its purpose, identifying key issues and facts, researching relevant case law and statutes, organizing your legal analysis effectively, drafting and structuring the memorandum with clarity and coherence, reviewing and revising for clarity and coherence again before finalizing it for presentation. Each step requires careful attention to detail and thoughtful consideration of how best to present your arguments in order to achieve maximum impact in a legal context.

If you are interested in learning more about the legal field, you may want to consider pursuing an international law degree. This article from Law of the Day provides valuable information on the requirements and career opportunities associated with this area of law. Whether you are interested in maritime law, business law, or any other legal specialty, understanding the fundamentals of writing a memorandum of law is essential. Check out this helpful guide on how to write a memorandum of law to enhance your legal writing skills.

What is a memorandum of law?

A memorandum of law is a legal document that outlines the legal arguments, analysis, and authorities in support of a particular legal issue or case.

What is the purpose of a memorandum of law?

The purpose of a memorandum of law is to provide a concise and persuasive argument in support of a legal position. It is often used by attorneys to present their legal analysis and research to a court, client, or other legal professionals.

What should be included in a memorandum of law?

A memorandum of law typically includes a statement of the legal issue, a summary of the relevant facts, a discussion of the applicable law, an analysis of how the law applies to the facts, and a conclusion that summarizes the legal arguments.

How should a memorandum of law be formatted?

A memorandum of law should be formatted in a clear and organized manner, with headings and subheadings to separate different sections. It should also include citations to relevant legal authorities, such as cases, statutes, and regulations.

Who typically writes a memorandum of law?

A memorandum of law is typically written by attorneys, legal interns, or law clerks who are conducting legal research and analysis for a particular case or legal issue.

At Law of the Day, we provide clear and helpful legal information to keep you informed and confident. Our daily updates break down complex topics with simple explanations and expert tips. Whether you’re a legal pro, a student, or just curious, we’re here to help you understand your rights.

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How to Outline a Complex Legal Research Memo

May 11, 2022 By Tiffany Gee Ching Lo Leave a Comment

Laying a solid foundation sets you up for success in a huge undertaking like this. Preparing an outline will help clarify your thinking and provide direction about the next steps in researching and writing. This consists of much more than brief bullet points; I envision a detailed outline that includes point headings, subheaders, key quotes, or takeaways from cases—or at the very least, placeholders for them.

This may sound like you’re just writing, but the exercise is actually segregating the thinking phase from the portion when you put things in prose. When you just focus on what you want to say versus how to say it, there is more mental capacity to produce the most persuasive of work. This will facilitate clear and concise writing in the next phase.

Here are some steps to take in outlining a memo:

Understand the key facts

A memo is most useful when it not only summarizes the law, but also applies legal rules to the unique facts and circumstances that brought you to this task. This necessarily assumes your deep familiarity with the underlying facts: the timeline of events, points of disagreement between individuals, and unknown or unclear details. After learning about everything, you must identify the key background information that someone needs to be persuaded by your arguments and set aside the unnecessary details. Insert an outline for a “Statement of Facts” section, which is where you lay out the essential facts to provide the necessary context for the remainder of the memo.

Do some preliminary research

Especially if you have little background knowledge of the substantive law, it is challenging to know whether your arguments are plausible and will be supported by the law. It is a good idea to start with a secondary source, like a treatise, which provides the landscape. You’ll learn about the basic concepts, any evolution in the courts’ thinking, the key precedents, and the unsettled questions in the field. From there, you will feel more equipped to put pen to paper and start a meaty outline.

Framing the legal question(s)

Do you remember reading a case where lawyers on two opposing sides phrase the issue drastically differently? Or notice that judges in the majority or dissent seem to be answering two different questions. How an advocate frames the issue, or how the court characterizes a question for its review, affects the outcome of the case. The same applies when writing a complex memo. How you frame the legal question will affect the legal standard and burden of proof. A good question also is specific to the case, incorporating some of the best facts for your side, and is a memorable question that your audience will hold in their minds. You would then structure of the rest of the memo with a feverish intent to show why your thesis, or your answer to the question is correct.

Lay out the key elements of the brief

After developing your main argument, you should brainstorm and develop the subpoints you need to make. Put the strongest points first, so that your audience knows the best reasons for your position early on. It is your job to convince your audience, so don’t expect them to expend energy to wade through your arguments.

When the subject matter involves many parts, structural tolls will help orient your readers and help them follow along. As you outline, consider including a roadmap, topic sentences, and transition paragraphs.

Additionally, make sure that you will address the counterarguments to your position. It is important to anticipate and address the other side’s contentions, even if you think they do not apply or are weak. You may choose to do this in a separate section, intertwined with your argument, or in footnotes.

Finally, you may want to include an “Additional Research” section on to next steps needed if your supervisor or client wants to explore a specific theory or line of argumentation. This may also be a good place to identify areas where your research did not yield clear answers, as this may present areas for further exploration and creative advocacy. Describe your research steps and provide an assessment based on your impressions of the courts’ approach and the trends in the area.

Revisit and revise

Outlining and writing are iterative processes. Get comfortable with going back if you’re not sure and don’t shy away when you find a “bad” case. If you feel stuck, stepping away can be helpful. You can take a break and come back with fresh eyes. Writing can be a lonely process, and it may help to talk to a research librarian or seek feedback from your supervisor or peers, keeping in mind attorney-client privilege of course.

I hope these ideas are helpful as you work toward your legal memo. For other ways to improve your legal writing, check out this article. Happy outlining!

Looking for some help to do your best in law school? Find out about our law school tutoring options.

About Tiffany Gee Ching Lo

Tiffany Gee Ching Lo is a student at Stanford Law School. She spent her 1L year at the New York University School of Law, where she was involved with Alternative Breaks, Women of Color Collective, and Law Revue, and worked as research assistant. Tiffany received her undergraduate degree from the University of California, Berkeley, graduating magna cum laude with double majors in Political Science and Rhetoric. Tiffany developed an interest in the law from a young age, and have worked in law firms and courthouses in Hong Kong–where she grew up, around the San Francisco Bay Area, and in New York. In her spare time, Tiffany enjoys painting, playing the piano and cello, trying out new recipes, and watching late night talk shows.

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Master the Legal Memo Format

September 20, 2022

[Bloomberg Law’s Essential Career Toolkit can help you excel in class and jump-start your legal career to successfully transition from law student to lawyer.]

What is the legal memo assignment?

The legal memo is an objective memorandum that provides you the opportunity to review and research relevant case law, investigate relevant facts using available resources, analyze those facts under that law, and impartially assess the potential outcome of a matter. The legal memo is an assignment that law firm associates are frequently asked to provide to senior attorneys.

Far too often, however, the assigning attorney takes one look at the result and replies, “I knew this already.” To prevent this outcome, it’s important to write a legal memo with sufficient understanding of audience, scope, purpose, and format. With proper planning, law firm associates can maximize the odds of favorable reception at the outset.

Bloomberg Law can help you understand and apply legal issues to your legal memo assignment, so your final product addresses all relevant points right out of the gate.

What’s the difference between a closed legal memo and an open legal memo?

A closed legal memo is an assignment where you are given the case law or other primary law to be used in your writing. Far more challenging is an open legal memo, where you will need to research and identify the relevant law, investigate and analyze the most legally significant facts involving a particular client, and provide a critical assessment of how the court may apply the law to the matter.

By extension, unlike a court brief, the legal memo is not the place to wager a legal opinion or argue facts. The legal memorandum serves as an objective standalone document and identifies the risks and any unknown facts that need investigation. It should maintain an impartial tone, with no implied preference for one side or the other.

What’s the standard legal memo format?

Generally, a legal memorandum comprises six sections, with the following information:

1. Heading or caption

A section, titled, “Memorandum,” identifies the recipient (To: _______), the author (From: ____), the assignment submission date (typically in MMMM DD YYYY format), and subject of the memo (Re: __________).

2. Question presented

A brief one-sentence statement that defines how the law applies to the legal question at hand, and the jurisdiction where the matter will be decided. The question presented is specific and impartial and doesn’t assume a legal conclusion.

3. Brief answer

A quick-hit legal prediction to the question presented, based on a short (four to five sentences) explanation that references relevant law and facts.

4. Statement of facts

A concise, impartial statement of the facts that captures the heart of the legal matter, as well as current and past legal proceedings related to the issue. The facts can be chronological or grouped thematically, whichever format presents the facts in the clearest manner.

5. Discussion

Restates the main facts and delineates the overarching legal rule. Several paragraphs outline the various legal topics to be addressed in the case and provide an analysis of the legal issues, usually ordered in subsections.

6. Conclusion

The assigning attorney will likely read this section first. It predicts how the court will apply the law, and how confident you are in your prediction based on the data. With an impartial advisory tone, you identify next steps and propose a legal strategy to proceed.

How to write a legal memo

Legal research memos can come in many forms—from broad 50-state surveys to more nuanced research on a particular point of law—but whatever the format, it’s important that you fully understand the task entrusted to you before you start typing.

If you tackle your assignment by following the recommended approaches in the legal memo example below, you’ll be more likely to find an appreciative supervising attorney, deliver better work product, cut down on the number of drafts required to arrive at a final product, and, most importantly, please the client.

Learn the essentials of litigation writing, research, and document review with our Core Litigation Skills Practical Guidance Toolkit , available to Bloomberg Law subscribers.

Legal memorandum sample assignment

Assignment:  Prepare an open legal memo on whether, under the Fourteenth Amendment’s Due Process Clause, there is personal jurisdiction over a foreign car manufacturer involving a products liability case.

Step 1: Understand the legal issues

Review legal memo assignment materials.

In an open legal memo, you will be tasked with researching relevant primary and secondary resources, such as from national, single, or multiple state entities, as well as appeals circuits, to include in your analysis.

Locate secondary sources

Secondary sources, such as books, treatises, law reviews, legal analysis publications, and Practical Guidance are a great starting point to assist with your legal memo research. Although secondary sources are not binding on courts, meaning courts are not required to follow these sources, they are still helpful tools to use when you know little about a topic.

However, remember that while you may know little about a topic, the same may not hold true for your audience. Readers like law partners and assigning attorneys will already know general law. Identify your audience’s presumed level of knowledge, then the most mission-critical questions to address. These identified gaps will inform your fact-finding and research.

Use secondary resources to better fill in the main legal topics and issues as they relate to the facts in the legal memo assignment. Your legal research should help frame the issue and lead to other relevant materials, including cases and statutes.

Throughout, utilize legal memo space wisely. Remember, legal memo length varies by subject. Some topics require only a short summary, while others compel long-form treatment. For guidance, search your firm’s office document management system for previous legal memos.

Sample assignment – Step 1

Understand the legal issues:  Legal research depends on the right search terms. In the case, for example, you can use the keywords: (“personal jurisdiction” and manufacture!)) to locate relevant resources on the Bloomberg Law platform.

More broadly, while your search into secondary sources may span books and treatises, law review articles, and other legal analysis publications, make sure to vet all legal authorities for relevance.

[Research tip: It can be challenging to know all relevant keywords. Bloomberg Law provides a convenient search results page, where relevant article blurbs showcase additional keywords to explore. Based on targeted keywords, you can better gather the most relevant background information to assist with your analysis.]

Step 2: Develop a research plan

Identify primary law.

Primary sources can often be identified with research tools, such as court opinions searches for relevant case law. However, primary sources are not always apparent. In such cases, work your way backward. Reviewing secondary sources can help you identify a list of relevant primary law resources, like case law and related statutes. Keep your research organized and create a research plan to identify key resources. The research plan will list the relevant primary law and how the case or statute relates to your comprehensive legal analysis.

Stay organized

Save the relevant cases and statutes to a designated workspace. Bloomberg Law provides a streamlined and secure digital working area where you can add your notes as well as upload and store your drafts to keep organized.

Sample assignment – Step 2

Develop a research plan:  In the  assignment, some legal research may mention cases on what contacts a foreign defendant must have for the court to have personal jurisdiction over it, such as Ford Motor Co. v. Montana Eighth Judicial District Court .  Read through these articles to reveal additional relevant cases and statutes to support your analysis.

Step 3: Confirm your legal memo research

Once you have your research plan, you want to verify all your research to make sure you’re relying on the most current case law available. Bloomberg Law’s litigation tools like the BCite citator tool help you work smarter and faster to validate your case law research—specifically, to determine whether a citation still represents good law and can be relied upon—and helps you to conduct additional research to find more cases and resources that support your legal memo’s findings and conclusions.

Robust verification should ensure you know the following information:

• Composite analysis – the overall treatment of the cited case by other courts.
• Direct history – How a cited case has moved through the court system.
• Case analysis – Cases that have subsequently cited to the case.
• Authorities – Cases relied on by the court in the main case.
• Citing documents – Legal materials, such as court opinions, administrative decisions, and secondary sources that reference your case by citation.

Sample assignment – Step 3

Confirm your research:  To see whether  Ford Motor Co. v. Montana Eighth Judicial District Court  is still good law, you will of course need to pull up and review the case status. As part of this verification, you should review how other courts have treated the case. Once you have verified case status, you can better find additional secondary cases and other sources that cite to your case.

[Research tip: Carefully review whether case law citation can be relied on in your legal memo. While a legal memo is written for internal stakeholders like the assigning attorney, and not for the court system, it may nonetheless serve as a primer for future material.]

Attorneys may later incorporate any case law citations within the legal memo into court filings in support of their arguments. Given this broad potential reach, it’s imperative to verify all case law within your legal memo. Any unverified case law that later makes its way into public documents will result in an admonition from the court.

It is also important not to cherry-pick case citations. Remember the legal memo’s purpose is to inform, not to argue the facts. The legal memo must therefore provide an objective summary of all relevant case law and how it applies to the facts at hand. The omission of negative case law only compromises future legal strategy and heightens client legal exposure.

Step 4: Write an objective analysis

The legal memo showcases your critical legal thinking skills. Use your research plan and research materials to help organize your analysis. Remember to clearly state the law and the facts, in the active voice, and present your analysis in a logical manner.

Even with the IRAC legal memo format (Issue, Rule, Application, and Conclusion), it can be a challenge to write with precision. For example, it may not be clear which details to include in the statement of facts. Skilled legal memo writers often begin with the discussion. With complementary considerations of legal authority and factual criteria, this section clarifies the most legally significant facts and informs other earlier sections like the question presented and brief answer.

Across all stages, Bloomberg Law provides a vast trove of articles and resources to assist you in preparing your legal memo. Whether this is your first or fiftieth legal memo assignment, you can showcase clear and impartial legal analysis in your legal memo and other writing assignments in ways that establish you as a strong legal mind.

Reference Shelf

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Legal Writing: Office/Research Memoranda

• General Info
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Memorandum Writing Resources

An office or research memorandum explores a specific legal topic, considering the facts and analyzing the relevant legal issues. In contrast, a "trial memorandum" or "trial memorandum of law," is a persuasive brief written to the court. (See Briefs tab.)

The library offers several sources for samples and advice on writing memoranda:

• Books on Office Memoranda

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• Last Updated: Dec 12, 2023 9:23 AM
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Practical Legal Writing

• Memo to File
• Memo of Law
• Letter to Client
• Professional Email
• Demand Letter
• Notice of Application
• Notice of Civil Claim
• Stage Three Advanced Documents

Information

• What is it?
• Intended Audience

A succinct document that provides an opinion on the state of the law surrounding a particular legal issue. Memos of law function as reference tools for lawyers.

General form: the memo of law will state the legal issue/research question, followed by a short summary of the pertinent facts, an outline of the applicable law, and a conclusion.

Typically, memos of law are drafted by articling students or junior lawyers for more senior lawyers to get an idea of what the law says. They can also be drafted by lawyers for their own use and ongoing reference, particularly when strategic decisions are made (for example, deciding to not pursue a particular application).

How to Write a Memo of Law

Memo Templates

Memo Examples

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• Next: Letter to Client >>
• Last Updated: Sep 17, 2024 4:56 PM
• URL: https://libguides.tru.ca/practicallegalwriting

How To Write A Good Legal Memo

by Keith Lee

Slight updates/modifications March 2019.

Perhaps the most important skill a new lawyer needs to have a firm grasp of is writing. Why? 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. Writing allows you to record your short term memory into a format that you can examine and reflect upon, so you can suss out what makes sense, and how it makes sense, and then expand on the original seed. When you expand your thought all the way into a piece of coherent writing, it becomes complete. It would have been impossible for you to have that size of a thought without writing–your brain just isn’t powerful enough.

Deconstructing complex situations and problems, understanding the component parts, and then devising a solution to address the problem through analysis and reasoning is a lawyer’s core competency.

That’s a fancy way to say that lawyers get paid to think for a living.

If you’re going to be tackling serious problems and unique challenges, then you are going to be doing a lot of writing. It’s the only way to actually digest the volume of information required. But at the outset of your career, it’s unlikely that you are going to be handed significant writing tasks.

You’ve still got your training wheels on. Instead, you’ll be handed tasks that will be used to gauge your writing ability – which is code for “we want to see how you think.” How this usually works for law students and new associates is by the time honored interoffice legal memo.

Legal memos might not seem significant, but they are a direct insight as to how you think . 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, you’re likely on your way to getting a job.

Before You Write

There are a few considerations to keep in mind before you even touch your keyboard or crack a book:

Intent: Know Your Audience

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? Is the memo for general background knowledge of the law? To prepare for a client meeting? To be used in a hearing or brief? Knowing this will affect your writing.

The other prong of intent is to understand the preferences of the lawyer requesting it . Does the lawyer you’re writing the memo for have a particular way they prefer memos to be drafted? Then write the memo exactly the way the want it. Ask their assistant, they’ll likely know. Or does your firm have a default memo template? Then you should disregard everything below and conform to the template. When you are new to a firm, you aren’t there to reinvent the wheel. You are there to learn.

Time frame: Always Get A Deadline For An Assignment (if possible)

Is the memo meant to be a quick answer or in depth analysis? Don’t spend all day researching an issue when the lawyer who asked for the memo needs it for a call with a client in two hours. Or if the lawyer is going to be out of town for a week and won’t look at the memo until they get back, you don’t need to kill yourself getting it done or neglect other assignments you might have. If you can help it, never begin work on a writing project unless you have a timeframe for completion, even if it’s only a general one.

Quality: There Is No Such Thing As A Draft Memo

• “This is just a first draft.”
• “This is what I found the first time through.”
• “That should be good enough.”

All of these statements are worthless. 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.”

What they need and expect is your best effort. Not pretty good. Not “I tried.” They need a work product from you that shows that you pushed yourself. That you obtained as thorough an understanding of the law as possible given the time frame and then conveyed this understanding efficiently and effectively. This is your opportunity to display the quality of your thoughts and work. Doubly so if this is the first memo you have ever drafted for a particular lawyer. First impressions matter.

You only have one shot to show that you give a damn about what you’re doing.  But first impressions aren’t all that matters. Second impressions matter. So do fifth. And tenth. 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.

Legal Memo Model Template

TO: Assigning Lawyer

DATE: When Memo is Due

RE: [Case/Matter Number] [Client Name] [Matter Name]  – [Subject of Memo]

[Optional] Summary of Assignment If 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 memo. Lawyers are often busy, juggling dozens of cases at once. They might not immediately recall why they asked you to look into the matter at hand. A quick summary will help jog their memory. If you’re in a smaller/less busy firm, this might be unnecessary. Example:

[As per our discussion on (date)]/[In response to your email request on (date)], this is a discussion on the state of the law regarding…

Issues Presented

• Whether [issue X applies to this situation]
• Whether [issue Y applies to this situation]

Short Answers

• Yes, [short explanation].
• No, [short explanation].

These are short answers. Often times new lawyers want to expand, clarify, and qualify themselves here. This is not the place for that. This is where you take a stand and state your opinion in two or three sentences. There will be time to address all aspects of the issues in the main portion of the memo.

Facts Present an overview of the case/matter at hand. Make sure to include details that are of importance to the specific issues presented.

Discussion [Subheading – first issue] Generally speaking, always lead with the most important issue first. (See “Discussing Cases” below for how to specifically discuss a case).

[Subheading – second issue] Address second issue here.

Conclusion Wrap it up with a statement of what you expect happen. “Given the case law and the facts of this particular matter, issue 1 should…”

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/Conclusion). I prefer the latter and it seems to be the growing trend. It helps give the reader an idea of where you are going.

If you want a specific blueprint of how to discuss cases, I would suggest this approach laid out by Mark Herrmann in his book, The Curmudgeon’s Guide To Practicing Law :

When you are writing a legal memorandum for internal use, there is only one proper way to discuss a case. This is the way:

In Smith v. 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.)
• The appellate court held something. (Ordinarily, an appellate court will affirm, reverse, vacate, or remand. Use the proper verb to describe the holding.)
• Now, you can say anything else about the case that you care to.

If you start chatting about the case before you have covered items 1, 2, and 3, I will notice your error. I will change your memorandum and make it right. I will know that you lack self-discipline.

Why do I insist on a rigid formula for discussing cases? Because my clients prefer to win.

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 legal memos. Take it, adapt it, break it apart, and make it your own.

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• 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.

The memo summarises and analyses any relevant laws in relation to the facts of a particular situation. It is the culmination of your legal research. Your memo should be well organised to reflect your analysis and reasoning. There is no one correct way to present your memo. Different lecturers and firms can have their own preferences even though the memo will contain the same elements. At university, check the assignment brief and marking rubric to be clear about the task requirements. If you are not sure, ask your lecturer.

Writing process

Visit the Library's law and justice subject guide to access major Australian legal resources and help on searching them.

Acknowledge sources accurately to avoid plagiarism. Information on referencing can be found on the Learning Lab . See EasyCite for guidance on using AGLC4 referencing.

Also, be aware of your reader as this influences the language you use to communicate your reasoning. The style should be formal and professional, and language and tone suitable for the recipient; for example, avoid technical terms and legal jargon when writing for a client.

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.

SAMPLE DOCUMENT

To:  (Recipient's name; email address)

From:  (Writer's name; email address)

Date: (Date of submission)

File: (File number/client;s name)

Re: (Title to precisely sum up the subject)

Introduction

• Brief background and context
• Summary of legally relevant facts
• Outline of key legal issues to be discussed

Legal issues

1. Legal issue A: (sub-heading)

2. Legal issue B: (sub-heading)

3. Legal issue C: (sub-heading)

4. Legal issue D: (sub-heading)

• Short summary of issues leading to your conclusion; note any matters requiring further clarification; identify any doubts or qualifications based on reason
• Statement of advice regarding application of the law to the client's situation.

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Law: Legal memo

What is a legal memo.

A legal memo is a document used in legal practice to identify and advise on the legal issues in a client’s case. It is also a common type of assessment in a law degree. A memo is often written in the form of a structured letter, with headings that clearly identify the legal issues. The letter may be addressed to a client or to a colleague in a law firm (an ‘in house’ memo). Check your assessment instructions for the specific requirements of your legal memo.

Another type of memo is a legal policy memo (or policy paper), which may be addressed to a stakeholder responsible for, or with an interest in, policy change i.e. a submission to a law reform commission.

Law Study Hacks: Legal Memos and Problem Questions

Memorandum of advice.

A memo may be addressed to a colleague or supervisor in a law firm (known as an ‘in-house’ memo). Occasionally you may be asked to write a 'letter to the client' or the memorandum may be for the client as well as for a legal colleague. Read your assignment instructions carefully to determine the audience for the memo.

• You need to focus on the audience as well as the task. For a legal colleague, the tone will be impersonal and objective, the writing concise and precise, using the accepted citing style for any references to legislation or other sources.
• A 'letter to a client' would be written in a more informative, non-legal style, emphasising the possible actions and likely outcomes of the client’s case, usually with recommendations.

Content and structure

Planning your content and structure before you start writing will result in a more logical and cohesive memorandum. View the tips below for commercial memoranda and memorandum looking at policy issues .

• Commercial memoranda
• Policy issue memoranda

Most commercial memoranda will be looking at the issues arising from the client’s questions or from a scenario you are asked to advise on. You should use headings for clarity, and can also use numbered paragraphs for ease of reference.

• You may begin the memorandum with an executive summary, which gives an overview of your conclusions on the issues. Or, you may begin the memorandum with an outline of the issues to be discussed.
• You then need to analyse these issues in depth, ideally under separate headings. Research the current law (case law and/or legislation), how this has been interpreted by the courts, and then apply this law to the facts of your scenario. It is helpful to use the IRAC or MIRAT structure for each issue in the client’s situation. Your headings should reflect the issues, and may be phrased as questions. It is helpful to see the memo as a type of ‘ problem question ’, with a slightly different presentation in that it needs to be in the form of a memorandum.

For a memorandum looking at policy issues , e.g. a submission to a law reform commission or politician, start by summarising the issues and their significance.

• State your position at the start and outline what the memorandum will demonstrate and argue. Usually you will be researching policy matters, perhaps arising from a judgement, perhaps addressing a community concern. The analysis may focus on 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 e.g. between the Commonwealth and the States, or with existing provisions within an Act. Use headings and subheadings to clearly demonstrate the different points of your submission.
• Any recommendations would arise logically from your discussion and form the conclusion of your discussion. Address counterarguments and write in a professional yet persuasive tone.

See our Policy Papers resource for more information.

Memo structure

The structure of a memorandum can differ according to its purpose. Your assessment instructions may specify a particular structure or may leave it up to you. Check your assessment instructions carefully.

The two examples below are designed to give you an idea of how a memo may appear. The first example includes a guide to the structure of a legal memo that may be addressed to a client or a legal professional. The second example is an annotated PDF that includes sample text. Please note that these are guides only.

For further tips see our 'Law Study Hacks' video above.

Example of typical memo structure View

In practice, at the top of the page will be a file number (usually on the interview record or file note) so that all records on this case are kept together. Not all law school assignments require this, however it may be included.

Below the file number you can include:

Recipient:  ______________________

Sender:  ______________________

Date:  ______________________

Below these details you may write "Re: ______________________ " (Re, in this context, is short for ‘Regarding’, which would be the client or organisation concerned in the legal matter)

Sometimes, the main part of a memo starts with an executive summary. This sets out the main issues, 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 and your conclusions/findings/recommendations on those issues.

You may include 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.

For each issue, write a separate heading. Apply the IRAC answer structure for each issue, and come to a mini conclusion for each.

Closing/conclusion:

End the memo with your overall conclusions about the client's situation in relation to the issues you have discussed. If required, state your recommendations. Be succinct and clear with your conclusions. Be realistic with recommendations and conclusions about the client's situation - avoid being overly positive or negative. You may sign off the memorandum with your name.

Annotated sample

Further resources.

Take a look at this interactive tutorial from University of Ottawa, Legal Memos Made Easy . You can choose to take on an example file - you will be briefed on the client's story, receive the assigning lawyer's instructions, and get memo writing advice.

Find books on legal writing at call number F15 in the Law library on Level 3, or search for "legal writing" via Library Search . See, for example:

Effective Legal Writing: A Practical Guide

Nichola Corbett-Jarvis (See Chapter 6)

Legal Reasoning and Legal Writing

Richard K. Neumann Jr.; Ellie Margolis; Kathryn M. Stanchi (See Chap 19 for Client advice)

Mastering Law Studies and Law Exam Techniques

Richard Krever (10th Edition, 2019).

Your feedback matters

We want to hear from you! Let us know what you found most useful or share your suggestions for improving this resource.

LEGAL WRITING

Open Memo Success with Westlaw

A step-by-step guide, utilize secondary sources to understand your memo's issue.

Your professors are right. A secondary source is a great place to find your pinnacle case that can easily launch your research. This quick video will show you how secondary sources can help you understand your issue and even lead you to key cases.

Learn more about secondary sources

Review the seminal cases for your issue to identify your rules

Now that your secondary sources provided references to seminal cases on your issue, it's time to dig into those cases to understand your rules, how courts apply them and leverage that "one good case" to find even more relevant cases.

Learn more about cases on Westlaw

How to retrieve and search for cases

Video lesson, how to find and use treatises and practice guides, how to use folders to organize your research, leverage jury instructions to outline your memo.

You understand your issue, you've found seminal cases and you know what rules apply. It's time to start outlining your memo and Jury Instructions are a great way to do that. They give you the order of operations for both your elements and defenses while describing them in layman's terms.

Learn how to find Jury Instructions

How to create a research outline

Essential tools for drafting a memo, secondary source, causes of action encyclopedia, deepen your research to support your analysis, smart searching.

• Expand Sources

Spot Missed Issues

Westlaw has a number of ways to help you help you search.

Beyond classic the plain language search you may be accustomed to, Westlaw offers many search tools to help you find what you really need... answers ! You can leverage search suggestions from your main search box, craft powerful Terms & Connectors searches, or drill straight to your unique cause of action, facts and point of law with Precision Research.

Become a search genius on Westlaw

Expand Your Sources

Westlaw connects each case to a universe of sources.

One good case will get you many on Westlaw and that is crucial to supporting your analysis. Citing References bring you everything on Westlaw that has cited your case. Key Numbers index legal issues and allow you to search across jurisdictions. While features like More Like This and Cited With allow you to follow common threads between cases.

Expand your analysis with citing references

Folder Analysis connects cases by key issues.

Ever notice the little folder icon sprinkled throughout Westlaw? They might seem innocuous, but your research folders unlock a powerful tool, Folder Analysis. When you add enough cases to your folder, Folder Analysis will identify common issues between them and highlight cases and issues you might have missed.

Learn how to use Folder Analysis

Use  Smart Search Terms  Identify basic components of your problem to maximize your research by selecting "smart search terms"  

Wrap up your memo and check for any omissions

Afraid you might have missed some key authority? Want to double check your quotes and make sure your sources are still valid? Now that you've crafted your memo, use Quick Check as second set of eyes to check for research issues you may have missed.

Wrap up your research with Quick Check

Continue building your skills with research certifications.

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Fuel Your Research with Key Numbers - Bonus Entries

Need some inspiration check out these key numbers by using the digest searches below., find your rhythm with black's law dictionary - bonus entries, need some inspiration check out these legal terms by using the the links below., westlaw's "no skips" tips playlist, real property, civil procedure, criminal law, constitutional law, show westlaw some love.

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Statutes on Westlaw - Bonus Entries

Need some inspiration check out the statutes below., key numbers on westlaw - bonus entries, searching on westlaw - bonus entries, need some search inspiration for your entries check out the sample searches below.

Because neurodivergent people often need visual prompts or sensory tools, it is helpful to figure out what works best for you. Maybe you need a quiet fidget to use under your desk in class to help you focus. Maybe you need to incorporate the use of timers throughout your day. If you struggle with time blindness, you can use hourglasses to help you visualize time. Perhaps you struggle with extraneous sounds and need to use noise-cancelling headphones. More and more tools and gadgets are being made for neurodiverse individuals that can help you throughout law school.

Society can dictate when you are supposed to be most productive. See the traditional 9-5 work schedule. However, that model does not always work best for neurodiverse individuals. Some people are not morning people, and that is fine. Figure out when you have the most energy during your day to be your most productive self.

Find one system to use for organization and don’t change it. Trying too many organizational systems can become overwhelming. If your phone calendar works best, use that. If you are a list person, write all the lists. If you are a planner person, find the coolest one to use throughout the school year.

It would be nice to think that you can remember every task or deadline, but let’s be honest, that’s probably not true. Write down every deadline, every task, meeting, assignment, important date, etc. in the organizational system that you use.

Just like you can only put so much gasoline in a car, most neurodiverse individuals only have so much room in their focus tank. Figure out how long you can truly focus and apply yourself to a task before you need a break. That amount of time is typically shorter for neurodiverse individuals. If you can only truly focus for 20 minutes, study for 20 minutes, take a break, and then come back for another 20 minutes.

You may have started law school with your mind full of horror stories. Throw them out the window. Most of the people you attend law school with are genuinely kind and helpful people. Try to find a group or a couple of people that you can trust and lean on when necessary. Your law school friends can help you stay on task, body double, and even provide notes on the days you may be struggling. These friends can be one of your greatest assets throughout your law school journey.

Only discuss your neurodivergence with your professors to the extent that you are comfortable. If there are things you are concerned about related to your neurodivergence, it can be beneficial to make your professors aware at the beginning of the semester. Whether you are worried about cold calling or need a topic broken down, most professors love opportunities to discuss their area of law! They can’t know that you may need help if you don’t let them know. This is especially important if you aren’t successful in getting accommodations from your school’s Disability Services.

As a neurodivergent student, you may not fit the traditional mold of all the things a law student is “supposed to do” in order to be successful. You have been in school for years, and now is the time to trust yourself and not be afraid to be an “outside of the box” law student. There is no harm in trying new study methods, but never fear going back to your personal basics. If you need help figuring those out, see if your law school has a learning center or faculty member that can assist you.

Outlining with jury instructions.

• On your Westlaw Precision home screen, click on Secondary Sources and then Jury Instructions .
• On the Jury Instructions page, use the Jurisdiction filter to select your desired jurisdiction.
• Search for your cause of action. (Ex. elements of libel in Federal Jury Practice & Instructions )
• Open your relevant jury instruction and don't forget to check the related notes.
• To see more instructions, check out the table of contents to your left or click on View Full TOC.

Citation in a Click

• Highlight the text you want to copy. Try it out with Miranda v. Arizona
• Select "Copy with Reference" from the pop-up box.
• Paste into your word document...and you're done!

Black's Law Dictionary

Don't guess the meaning of a legal term. know it., by using black’s law dictionary, exclusively on westlaw , you’ll know the meanings of key terms that will help you understand your cases faster, be prepared for cold-calls and beef up your class notes. 1. access black's law dictionary on westlaw., 2. type your term into the dictionary term box. (ex. demurrer ) if your term contains multiple words, place the terms in quotes. (ex. "rule against perpetuities" ), 3. open up your desired term, copy it and paste it into your notes., looking for some inspiration here are a few legal terms to get you started contracts - collateral estoppel - consequential damages civil procedure - minimum contacts - in personam jurisdiction torts - negligence - invasion of privacy criminal law - mayhem - wobbler, where can i learn more about a firm so i can ask good questions in an interview, news is an excellent source for learning about a firm. you’ll see the clients and matters they represent along with the accolades they earned from their communities. 1. click on news under “specialty areas” on your westlaw edge home screen., 2. start by trying a plain language search for your firm. (ex. gibson dunn crutcher ), 3. to up your search game, consider running a terms & connectors search with an index field. (ex. gibson /2 dunn /s crutcher & in(law lawsuit legal) ), start writing your brief without starting from scratch, what is a brief, a brief is a summary of a case in your own words that includes the key facts, procedural history, issues addressed, along with the court's holdings. how can i find a case on westlaw, cases on westlaw contain a synopsis, a summary of the main facts, issues and holdings of a case, and headnotes, summaries of points of law organizes by topic. you can locate cases on westlaw in a variety of ways. find by citation: if you know your case's citation, just type one of the citations in the search box. (ex. 113 sct 2217 ), find by party name: if you know the names of your parties, just start typing them in the search box and select corresponding case from the drop-down menu. (ex. international shoe).

Note: If your case has common party names, you may need to enter more than one party.

Download your synopsis and headnotes: once you've pulled up your case, click on download under delivery options, select brief it under what to deliver and click on download..

The right search terms can make a difference. Here is an easy way to come up with smart search terms.

Rules, Codes & Restatements

Exporting tables of contents, exporting a table of contents is an easy way to get access to a list of rules, codes or restatements that you can reference on the fly and add to your outlines, as needed. locate your rules, codes or restatement: to export a toc (table of contents), you'll first want to locate your resource. restatement of torts restatement of contracts restatement of property federal rules of civil procedure ucc article 2 federal rules of evidence united states constitution, export your toc: click on download, select outline of current view under what to deliver and then click on download..

Strengthen Your Interview Discussions with News

• Search for a particular firm, attorney, or agency. (Ex. Kirkland and Ellis or Fourth Circuit )
• Or select a specific practice area (Ex. Mergers & Acquisitions )

American Law Reports

Your go-to secondary source, finding an a.l.r. (american law reports) article covering your topic is a great starting point for research. you'll get a quick summary of the legal issue you're researching and a table of cases, laws, and rules to see the law across all jurisdictions. you can also use annotations to find additional secondary sources, such as legal encyclopedias, treatises, and periodicals. no wonder they're nicknamed already done legal research see it in action: the legal discussion to compensate student athletes is heating up. check out this alr article to see how the legal picture for tomorrow’s student athletes comes together in one place., keycite graphical history, procedural history made easy, are you reading a case and not sure how you got there procedurally reversed, remanded or otherwise, we got you. just sign into westlaw and follow the steps below... 1. grab one of the citations you see in your case book and type it into the search box on westlaw . (ex. 480 u.s. 102), 2. click on your case in the drop-down menu., 3. click on the history tab to see your procedural history., keycite graphical history works best when you have a federal case and a complex issue. check out some additional examples from your classes below. contracts - koken v. black & veatch const., inc. - lamps plus, inc. v. varela civil procedure - national equipment rental v. szukhent - helicopteros nacionales de colombia, s.a. v. hall torts - palsgraf v. long island r. co. - kentucky fried chicken of cal., inc. v. superior court, law school resource center, flowcharts, overviews & more..

Step 1 - Create a New Class

Step 3 - invite your students, step 2 - assign lessons.

About this event

Love Your Lawyer Day

All the rules you need for class in one place.

Understand the procedural history of your case..

Don't guess the meaning of a term. Know it.

Copy the Code Below

You'll use this code to make a copy of the sample course.

Click on Copy Another Class

Go to the Knowledge Center and click on the Copy Another Class button.

Enter Your Copy Code

Enter your copy code in the Enter Class Copy Code box and click the Validate button.

4. Set Your Options

Change your course title, set your course dates and set your copy option to Assignments Only.

5. Click Copy Course

Click on Copy Course and you're all set to share your course with students.

1. Copy the Code Below

2. click on copy another class, 3. enter your copy code, set your options, click copy course, determining whether a federal court has subject matter jurisdiction over a non-class action case..

If the case arises out of the U.S. Constitution, U.S. laws, rules or regulations, or a treaty signed by the U.S., and the federal courts have exclusive jurisdiction, then the case must be litigated in federal court.

If the case does not arise out of the U.S. Constitution, U.S. laws, rules or regulations, or a treaty signed by the U.S., and there is not complete diversity between the plaintiffs and defendants (a.k.a they are both from different states or one is a citizen of a foreign country), then the case must be litigated in state court.

Restatement of Contracts 2d

Counter-offers.

(1) A counter-offer is an offer made by an offeree to his offeror relating to the same matter as the original offer and proposing a substituted bargain differing from that proposed by the original offer.

(2) An offeree’s power of acceptance is terminated by his making of a counter-offer, unless the offeror has manifested a contrary intention or unless the counter-offer manifests a contrary intention of the offeree.

Negligence Defined

Restatement (second) of torts 282.

In the Restatement of this Subject, negligence is conduct which falls below the standard established by law for the protection of others against unreasonable risk of harm. It does not include conduct recklessly disregardful of an interest of others.

Black’s Law Dictionary (10th ed.2014)

Demurrer: A means of objecting to the sufficiency in law of a pleading by admitting the actual allegations made by disputing that they frame an adequate claim. Demurrer is commonly known as a motion to dismiss.

(2) An offeree’s power of acceptance is terminated by his making a counter-off, unless the offeror has manifested a contrary intention or unless the counter-offer manifests a contrary intention of the offeree.

testing footnote

What is common law and is it written by the courts of law?

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Negligence defined

Restatement (second) of torts § 282.

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• Guard against poor legal research with these…

Guard against poor legal research with these 3 writing practices

By Bryan A. Garner

October 1, 2024, 2:10 am CDT

Bryan A. Garner. (Photo by Winn Fuqua Photography)

Not long ago, the partners at a law firm told me of an embarrassingly disastrous trial. Two years before the trial, an associate was asked to research a critical point about liability. Responding by email, the associate said that the answer was clear: The law provided that such-and-such. The two lead trial lawyers, together with their considerable team of associates, framed the discovery and their trial theories accordingly. Only at the end of the trial did they learn that the associate’s research was fundamentally flawed. Two appellate decisions reaffirmed their belated lesson. The associate had overlooked an exception to the “simple and unambiguous answer”—an exception that clearly applied to the facts of their case.

Somehow, everybody on the trial team had unquestioningly accepted the associate’s research on a pivotal issue. As a result, the firm faced a gargantuan malpractice lawsuit. Scary, isn’t it?

They wanted to know whether I knew of ways to prevent this type of problem. The answer is a qualified yes: While there are no panaceas, certain protocols can minimize the risks of suboptimal research. Here are the three crucial points.

Resist the we-don’t-write-legal-memos-anymore mentality.

Since the rise of email in the 1990s, many senior lawyers have tended to say, “We don’t waste the client’s time and money with formal legal memos. We go straight into litigation documents—motions and briefs.” It’s as if they’re saying that reporting your research is a waste of time.

“Why do I need it reported?” they might respond. “Just email an answer. Or forward the relevant authority to me.”

My response to this mindset is that the “report”—a legal memo—isn’t just make-work. It memorializes your understanding about a given legal problem. It becomes the basis of a good legal argument in litigation documents and oral presentations. And if it’s done well, it becomes part of a repository of legal knowledge within a practice group.

But with emails, you’ll too often end up with chains that read like this:

Partner I need to know whether a “sale” to Jensen actually took place on the evening of July 18. Associate Yes. See Conn. Gen. Stat. Ann. § 30-102 (attached).

Concededly, this cryptic exchange might do the job of supplying the senior colleague with the required information. The answer might be correct. But there’s no way of assessing its correctness from the words themselves. That’s the problem.

Imagine, though, that the associate had responded more fully. The exchange might have gone like this:

Partner I need to know whether a “sale” to Jensen actually took place on the evening of July 18. Associate Meaning of “Sale” Under the Connecticut Dram Shop Act Question presented: The Connecticut Dram Shop Act (§ 30-102) requires a “sale” from bartender to patron. A bartender for our client, Ye Olde English Pub, sold two rounds of beer to a group of eight. Witnesses have declared that one member of the party, Jensen, was visibly intoxicated. Jensen did not pay for the drinks. Did the rounds of beer constitute a “sale” to each of the eight guests, including Jensen? Answer: Almost certainly. Connecticut courts have interpreted “sale” under the act to mean “the purveying or furnishing of alcohol” to a person or group, any one of whom is visibly intoxicated. Last year, the Connecticut Supreme Court held that circumstantial evidence alone can be enough to prove a sale—on facts more tenuous than we have here.

Attached are the statute itself and the three most relevant cases, with crucial passages highlighted. I’ll be happy to write a more formal memo if you like.

With this answer, the associate has taken the trouble to be explicit. She hasn’t answered lazily and superficially by simply hitting “reply” and reporting her findings without stating the issue.

Require that all research assignments be put into writing.

Imagine that same research assignment delivered orally. After a meeting with the client, the partner tells the associate to find out whether a “sale” took place. The associate might well mishear or forget a critical detail relevant to finding the right answer. In that situation, the associate’s first hypothetical response is incomprehensible to all but the assigning lawyer (who will comprehend it for only a matter of days at most). By contrast, the second response, with the question presented and the brief answer, is fully understandable to every conceivable reader. And it’s more likely that any error will be caught.

The point is that you’ll predictably elicit better research if all assignments are reduced to writing. Whenever a senior lawyer puts an assignment in writing, it’s likely to be more focused and more lucid. Ideally, the culture in a law office will insist on written assignments.

Require that all research memos be comprehensible to everybody at the firm, not just the assigning lawyer. That is, avoid unstated premises.

Any research that’s conducted within a law office should be reported in a way that’s comprehensible to everyone who might read it. Stated differently, a research memo should be accessible not just to those initially involved but also to secondary readers—people who may later take over the file.

To discover the meaning of a research memo, you must understand the question it answers.

It’s no good to read this question: “Can Johnson recover multiples of back wages and attorney fees under Maryland’s wage statute?” What’s the basis for that question?

Nor is it helpful to begin with a long explanation of facts before that question. A detailed factual statement at the outset is a turnoff. It requires full study by the busy reader, when it might require little more than a glance.

The best tactic is to integrate a factual predicate into the issue statement, like this:

Johnson and his employer agreed that when Johnson’s employment ended, he would be paid salary, insurance premiums and guaranteed bonuses within six months, unless he left his job without good reason. Johnson quit his job but has not been paid all sums due. Can he recover treble damages and attorney fees under Maryland’s wage statute?

Only after understanding this question can we hope to understand the summarized answer:

Probably not. The statute allows a plaintiff to recover up to three times the wage due plus reasonable attorney fees and other costs if (1) the plaintiff is entitled to the wages, and (2) the employer did not withhold the wage because of a bona fide dispute. Johnson’s employment contract provides that he will not be paid salary or insurance premiums if he leaves his job without good reason. There appears to be a bona fide, good-faith dispute about whether he had good reason. For Johnson to recover treble damages or attorney fees under § 3-507.2, he would have to demonstrate …”

What are the lessons here?

1. Whenever you’re reporting research, you’re preparing a legal memo—even if it’s in the form of an email. To say “We don’t do memos” is like saying “We don’t research the law”—or perhaps “We leave our research unreported and unrecorded.”

2. Written assignments are markedly superior to oral ones.

3. You’re never reporting your research just to the person who has commissioned it: If other readers can’t understand your report, then its utility is drastically diminished. And your answer is more likely to be ill-considered or even wrong because of any possible number of misunderstandings. Which can lead to malpractice. And to scary tales like the one that begins this piece.

This story was originally published in the October/November 2024 issue of the ABA Journal under the headline: “Explicit Answers Needed: Some lawyers don’t write memos anymore, and that’s a bad idea.”

Bryan A. Garner is the chief editor of the new 12th edition of Black's Law Dictionary, the most comprehensive law dictionary ever published. He is also the author of Legal Writing in Plain English and The Redbook: A Manual on Legal Style. This column reflects the opinions of the author and not necessarily the views of the ABA Journal—or the American Bar Association.

Related topics:

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Lawyers must lead in efforts to preserve accessible, equitable and transparent rule-of-law system

The Supreme Court is a liberal body—when it comes to legal writing

Purdue Online Writing Lab Purdue OWL® College of Liberal Arts

Sample Memo

Welcome to the Purdue OWL

This page is brought to you by the OWL at Purdue University. When printing this page, you must include the entire legal notice.

Copyright ©1995-2018 by The Writing Lab & The OWL at Purdue and Purdue University. All rights reserved. This material may not be published, reproduced, broadcast, rewritten, or redistributed without permission. Use of this site constitutes acceptance of our terms and conditions of fair use.

TO: Kelly Anderson, Marketing Executive

FROM: Jonathon Fitzgerald, Market Research Assistant

DATE: June 14, 2007

SUBJECT: Fall Clothes Line Promotion

Market research and analysis show that the proposed advertising media for the new fall lines need to be reprioritized and changed. Findings from focus groups and surveys have made it apparent that we need to update our advertising efforts to align them with the styles and trends of young adults today. No longer are young adults interested in sitcoms as they watch reality televisions shows. Also, it has become increasingly important to use the internet as a tool to communicate with our target audience to show our dominance in the clothing industry.

Internet Advertising

XYZ Company needs to focus advertising on internet sites that appeal to young people. According to surveys, 72% of our target market uses the internet for five hours or more per week. The following list shows in order of popularity the most frequented sites:

Shifting our efforts from our other media sources such as radio and magazine to these popular internet sites will more effectively promote our product sales. Young adults are spending more and more time on the internet downloading music, communicating and researching for homework and less and less time reading paper magazines and listening to the radio. As the trend for cultural icons to go digital, so must our marketing plans.

Television Advertising

It used to be common to advertise for our products on shows like Friends and Seinfeld for our target audience, but even the face of television is changing. Young adults are tuning into reality television shows for their entertainment. Results from the focus group show that our target audience is most interested in shows like American Idol ,  The Apprentice , and America's Next Top Model . The only non-reality television show to be ranked in the top ten most commonly watched shows by males and females 18-25 is Desperate Housewives . At Blue Incorporated, we need to focus our advertising budget on reality television shows and reduce the amount of advertising spent on other programs.

By refocusing our advertising efforts of our new line of clothing we will be able to maximize the exposure of our product to our target market and therefore increase our sales. Tapping into the trends of young adults will help us gain market share and sales through effective advertising.

Attachments: Focus Group Results, January- May 2007; Survey Findings, January - April 2007

This is a sample memo; facts and statistics used are fictional.

How to Write Meeting Minutes [A Beginner’s Guide]

Meetings can range from serious to entertaining, but they often last longer than expected. One essential component everyone relies on afterward? Meeting minutes! If you are new to writing them, don’t worry—you’ve just been assigned one of the most important, yet sometimes tricky, tasks. Writing clear and accurate minutes helps ensure effective communication and accountability for everyone involved.

In this article, we will expound on how to write effective minutes of the meeting. We’ll also discuss what they are and why they’re important. We will end this article by offering a sample for reference to ensure your minutes meet expectations. 

So, let’s start with understanding the process and the best practices first.

What are Meeting Minutes?

Meeting minutes are the official written record of everything discussed during a meeting. They summarize key points, decisions, and important discussions, providing a reference for those needing the information later. This concise documentation is essential for maintaining clarity and accountability within an organization. Writing concise and accurate meeting minutes is essential for future reference and organizational transparency.  

The key features of meeting minutes are:

• Legal Documentation
• Focus on Goals and Targets 
• Record Keeping
• Reference for Absentees
• Reference for Future
• Tracking Decisions and Progress 

Who Writes the Minutes of Meeting?

So, who takes on such an essential job into hands? The individual assigned the job of taking the minutes of the meeting is usually called the minute-taker . The task of writing meeting minutes is often completed by an administrative assistant, secretary, or designated member of the organization. However, the responsibility can also be shared by the meeting organizer or another participant.

The person designated to prepare the minutes shouldattend the meetings on time, record all the critical points and highlight and summarise the meeting. This person should have strong listening skills and be able to organize the points promptly without missing out on any details. That is why, they are often called a meeting recorder as well .  

Importance of Meeting Minutes

Let us look into why meeting minutes are crucial to be recorded during a discussion:

• Documentation : Everything communicated, discussed, and decided is documented as an official record for further reference and proof.
• Future Reference: You can always return to the official records to help set goals and agendas and even track progress on individual projects. This access is available to everyone in the meeting or part of the team or organization. 
• Transparency: Recording detailed meeting minutes helps everyone in the team or organization to have access to sources. It also informs them with complete knowledge about the actions happening within the team. 
• Accountability: The meeting minutes will provide proof of who is assigned what tasks and can hold them accountable for their responsibilities. It also clears any confusion regarding task management that could occur in a team. 
• Legal Immunity: In a more formal environment like board meetings, meeting minutes also act as a legal document. This is because it showcases evidence of people present, topics discussed and the progress or procedure of any project being handled.  

The objective of meeting minutes can vary according to the nature of the meeting that is taking place. But that said, it still serves as an important document that holds all the proof of what took place during the meeting. 

How to Take Meeting Minutes?

We recommend focusing on three main things to create an exemplary meeting minutes document. Let us look at them below:

1.  Prepare Beforehand

• Decide which is the best medium for you to take notes—the traditional way of a physical notepad and a pen or any note-taking app. Whichever tool you choose, make sure it is easy for you to document and share later with the whole team. 
• Make sure that you know what the meeting is about beforehand and that you are familiar with the agenda. This will make sure you do not struggle with the context of what is being discussed during the meeting. 
• To make it easier for you, you can create a rough outline for your meeting minutes. This will help you stay organized, and you’ll be able to document the minutes as it progresses quickly. 

2. During the Meeting

• Take notes as you hear and make sure you understand what is being discussed so as to avoid confusion while editing. Do not forget to note down basic information like the date, time, topic of the meeting, attendees, and absentees. Knowing abbreviations will also help as it will save you time and you can always choose to edit it later. 
• If some discussions are being taken in the meeting, make sure to include key points from them and summarize the main ideas. You could also include who contributed the points.
• Make sure you take note of any important decisions being made or action items being assigned so that anyone can use it later as a proof of accountability. 
• At any point in time you feel like you have missed an important point in the meeting or need some clarification, make sure to pause and clear the doubt. Note down every single point; you can always filter them out later. 
• Additionally, you can even choose to record the meeting or, if it is an online meeting, transcribe it so that you can always fact-check later. 
• Remember, as someone noting down the meeting minutes, you are not to write your own opinions down nor write from your perspective. Instead, you need to stick to all the facts that are being shared and discussed. 

3. Post Meeting Duties

• Now that you have the whole draft with you, go through them (along with the audio recordings or transcribed drafts) to make sure you have everything covered. If anything is unclear, make sure to edit it. The information should be crisp, clear, precise, and point-wise for easy understanding.
• Email – either paste the minutes directly in the email if it was a short meeting.Word – You can share the word file with the meetings as it’ll be easier to access and look for certain important aspects.
• PDF – If you don’t wanEmail – You can directly share the meetings of the meeting in the email if it was a short meeting. Word – You can share the word file with the meetings as it’ll be easier to access and look for certain important aspects.
• PDF – If you don’t want the other parties to edit the minutes, you can use a simple Word to PDF converter to convert your word file into PDF and share it with the other parties. 
• If you are in a formal setting or have attended official meetings, you may have to run your minutes with a senior or facilitator of the meeting before sending it. This will also give you clarity and assurance that you have included everything necessary in your meeting minutes. 

What Should You Include in Meeting Minutes?

Like any legal or formal document, even meeting minutes requires certain key Like any legal or formal document, even meeting minutes requires certain key elements that you need to include. This is to ensure that the record being documented is comprehensive and useful for anyone referencing it. These are the few elements that you need to keep in mind while drafting your minutes:

• Date and Time
• Location of the Meeting
• Participants (Attendees and Absentees)
• Objective of the meeting
• Discussions and Arguments 
• Agenda Items 
• Decisions Made
• Motions and Voting Outcomes
• Action Items 
• Next meeting date (and agenda)
• Additional notes, if required

You can always omit or add these elements according to the nature of your agenda and meeting. Knowing these elements will help you keep your minutes organized and crisp. 

Meeting Minutes Template

So, now that we know the key elements, how would we use them during a meeting? Below is a meeting minutes template that will give you an idea of how to incorporate them. 

Date : [​Insert Date​] Time : [​Insert Time​] Meeting Title : [Insert Meeting Title] Location : [​Insert Location] / [Virtual Meeting Platform​] Facilitator : [Insert Name, Designation] Attendees : – [​ABC, Title​] – [​EFG, Title​] – [​HIJ, Title​] Absent : – [​XYZ, Title​] (if applicable) Agenda : 1. [​Agenda Item 1​] 2. [​Agenda Item 2​] 3. [​Agenda Item 3​] Minutes : 1. Welcome and Introductions:    – [​Summary of opening remarks or introductions​] 2. Approval of Previous Minutes:    – [​Summary of approval or corrections to previous meeting minutes​] 3. Agenda Item 1: [​Title​]    – Discussion:      – [​Key points discussed​]    – Action Items:      – [​Action Item 1: Responsible Person, Due Date​]      – [​Action Item 2: Responsible Person, Due Date​] 4. Agenda Item 2: [​Title​]    – Discussion:      – [​Key points discussed​]    – Action Items:      – [​Action Item 1: Responsible Person, Due Date​]      – [​Action Item 2: Responsible Person, Due Date​] 5. Agenda Item 3: [​Title​]    – Discussion:      – [​Key points discussed​]    – Action Items:      – [​Action Item 1: Responsible Person, Due Date​]      – [​Action Item 2: Responsible Person, Due Date​] 6. Other Business:    – [​Summary of additional topics discussed, if any​] 7. Next Meeting:    – Date: [​Insert Date​]    – Time: [​Insert Time​]    – Location: [​Insert Location] / [Virtual Meeting Platform​] Adjournment: – [​Time the meeting was adjourned​] Prepared by: – [​Name, Designation​] – [​Date​]   

Again, this is not a set template and can be changed according to the kind of meeting and agenda. For example, student council meetings, office board meetings, project meetings, etc, can have different templates with a few changes here and there. Prepare beforehand, and you can document meeting minutes with pristine quality! 

A startup consultant, digital marketer, traveller, and philomath. Aashish has worked with over 20 startups and successfully helped them ideate, raise money, and succeed. When not working, he can be found hiking, camping, and stargazing.

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