How to Write a Legal Memorandum

A legal memorandum (or “office memo”) is an objective analysis of a legal question. Unlike a brief, which advocates for one side, a memo presents both sides of an issue honestly. It's the primary written assignment in 1L Legal Research and Writing and one of the most important skills you'll learn in law school. In practice, associates write memos for partners to help them assess the strength of a client's position.

1. Heading: To, From, Date, Re (subject)

2. Question Presented: The legal question you're analyzing, framed with enough facts to be specific. “Under [law], did [party] [do something] when [key facts]?”

3. Brief Answer: A 2-3 sentence direct answer to the question presented, with your conclusion and the key reasoning.

4. Statement of Facts: A neutral, chronological narrative of the relevant facts. Include all facts that matter to the analysis — both favorable and unfavorable.

5. Discussion: The heart of the memo. Use IRAC/CRAC to analyze each legal issue thoroughly. This is where you apply the law to your facts.

6. Conclusion: A concise summary of your analysis and recommendation.

This is where students struggle most. Structure each issue as:

1. State the rule from the governing cases or statutes
2. Explain the rule using case illustrations — show how courts have applied the rule in analogous situations
3. Apply the rule to your client's facts — analogize and distinguish from the case illustrations
4. Address counterarguments — what would the other side say?
5. Conclude on the issue

The key difference from exam writing: you have time to be thorough. Use case illustrations liberally. Show your reasoning, don't just state conclusions.

Being conclusory: “The court will likely find battery” is not analysis. You need to explain why by walking through each element with specific facts.

Advocacy: A memo is objective. Present both sides. If the answer favors the other side, say so.

Ignoring unfavorable facts: The partner needs to know the weaknesses in the client's position. That's the whole point of the memo.

Weak case illustrations: Don't just cite a case — explain the facts and holding in enough detail that the reader can see the analogy.

Use strong topic sentences that tell the reader what the paragraph will prove. Begin each IRAC section with a roadmap sentence. Use transitions between issues. Be concise — every sentence should earn its place. And proofread carefully: typos and citation errors undermine your credibility, even if the analysis is strong.