Law Office Memorandum

Definition

A memo is a formal text type used, for

example, to outline or clarify a point
of law or to provide a brief opinion on
a case. Memos can be external (e.g.
to a client) or internal (e.g. to another
lawyer in the same firm). In either
case, a memo serves to circulate
information that requires the attention
of its readers.

Internal Memo (1):

Purposes

Written by a paralegal or law clerk

for a more experienced attorney
Served as the basis of the legal
advice
Realistic analysis of the law as it
applies to the facts of the clients
case
To inform, not to persuade

Requirements

Be objective.
Be thorough.
Be communicative.

Elements / Formats

Heading-who writes it , to whom it

is written, what it is about and the
date
Questions presented / Issue(s)
Brief answer (optional)-serves the
same purpose as the Conclusion
though differs from it in length and
form

Brief answer: comparison

If a judge has enjoined your client, Al

Fredericks, from operating a landfill on
his property because it causes odors
and groundwater contamination; the
Question Presented is whether the
judge abused her discretion in
granting the injunction. Compare
these two brief answers:

Answer A: The judges ruling was

well within her reasonable
discretion. Her conclusion that the
damage to nearby landowners from
odors and groundwater pollution
outweighs the harm caused to the
defendant by the injunction is
amply supported by the record.

Answer B: Injunctive relief is proper

only when the damage being enjoined
outweighs the harm to the defendant
caused by the injunction. A trial
courts injunction can be reversed on
appeal only if the judge abused her
discretion. The findings of the trial
judge indicate that she did not abuse
her discretion.

Statement of Facts-a formal and

objective description of the
relevant facts in the problem
Discussion-the heart of the memo;
can be divided into segments
according to the issues and subissues presented by the problem

Conclusion-contains a more thorough

description of the reasoning
supporting the ultimate conclusion;
describes the relevant law and
explains how the law does or does
not apply to the facts in this case;
also differs from the Brief Answer in
that it is not segmented by issues

Conclusion: comparison

Conclusion A: Injunctive relief is proper

when the damage being enjoined
outweighs the harm to the defendant
caused by the injunction. The judge found
that the injunction would deprive the
defendant of his only source of income,
but it would substantially reduce odor
and groundwater contamination problems
for neighboring landowners.

Conclusion B: The judge did not abuse

her discretion in granting the injunction
because she carefully followed the
Redding v. Stone River Flour Co.
standards for equitable relief. The judge
found that an injunction would deprive
the defendant of his only source of
income, and that he and his wife would
have severe trouble continuing to make
payments for their house and car.

The court also found, however, that

eighteen neighboring landowners
became nauseated from the sites
odors and that the wells from which
they pumped household water were
contaminated with a variety of harmful
chemicals. There is sufficient evidence
to show she did not abuse her
discretion.

Conclusion C: The judge did not abuse

her discretion in granting an injunction
because she reasonably concluded that
the damage being enjoined outweighs
the harm to the defendant caused by
the injunction. The judge found that
the injunction would deprive the
defendant of his only source of income
but that it would substantially reduce
odors and groundwater contamination
for neighboring landowners. Although
her conclusion may be debated, it has
ample support in the record.

Read 2 samples.
Write a memo: group project

Internal Memo (2)

Questions based on the listening

1.
2.
3.
4.
5.
6.
7.
8.
9.

Listen to the first part of an excerpt from a

seminar held at a law firm for some of the firms
recently hired young lawyers and tick the topics
that the speaker will cover.
Preparing for a negotiation
Phrases and expressions for negotiators
Using agreement templates and term sheets
Classic tricks used by negotiators
General negotiation techniques
Dealing with objection from the other side
Different
types
of
agreements
usually
encountered
Recognising a good deal
Role-plays

1.

2.

Listen to the second part of the

seminar and answer these questions.
What do you think the
means by horse-trading?

speaker

What does the speaker say about the

purpose of a merger clause?

Terms
contract template
a contract with gaps
Lawyers often use template to help them draw up new
contracts. These are also commonly called forms,
precedents, standards or standard form precedents. In
some cases, it may be possible simply to insert a few
details such as names, dates and numbers into such a
template, rather than creating each contract from
scratch.
term sheet
a list of terms which may be added to the contract
template during the negotiation

horse-trading
While bargaining, it means giving up some
items in order to get other ones from the
other party.
merger clause
The purpose of it is to ensure that
anything that was said or written before
the agreement is not admissible in
proceedings unless it is explicitly written
in the agreement.

After-class tasks

Write the memo based on

listening (electronic version).

the

Find at least one contract template

for self-study and hand in the
electronic version of the template(s).
You may attach what youve learned
from the template(s) if you want.