Volume II, Chapter §3.6
The Foundations of Legal Writing

Interoffice Memorandum Form

§3.6
		Introduction
		Lecture Notes
		Demonstration
		Commonly Asked Questions
		Legal Writing Lab

Introduction

This is the most difficult written assignment in the program. We say this not to scare you, but to let you know that after this, other assignments will make more sense and will come to you more easily. After all, this is the first time you have attempted legal analysis. This assignment will also take you longer than you anticipate, so start right away.

Most importantly, use the Writing Lab:

• Click on the Labs button
• Locate the Writing Lab box
• Click on Memorandum Lab

The demonstration below will help you see the construction of a memorandum, and the structure of legal analysis.

Lecture Notes . . .

Introduction to Memorandum Form
The memorandum on these pages is a caricature of a legal memorandum. It is provided to demonstrate the structure of memorandum form, and is not designed to be used as an actual example of a legal memo.

Having said that, there are a few points we would like to emphasize as you read these pages.

Issues define the memorandum, because they are the points that will be addressed by the authority cited and the analysis of the author. It may be helpful to think of the memorandum structure this way:

-The Issues are questions
-The Analysis discusses the Issues
-The Conclusion answers the Issues

Analysis is the heart of the memorandum.
The Caption is easy. The Assignment is too. The Facts of the case aren't much harder, and the Issues are provided by the attorney. So up to this point, there hasn't been much that should give you any problems.

Analysis is different. This is where you will need to focus the majority of your effort. When talking about the Analysis part of memorandum form, we are talking about the Analytical Process.

Note that after restating the issue, the analysis begins. For every authority relied upon, the writer will follow the five steps of the Analytical Process ( referred to as IRAC).

I- Introductory Statement
R- Rule Facts and Quotation
A- Apply the law to your facts
C- Conclusion

The Conclusion at the end of the memorandum is separate from the conclusions within the analysis, even though they are related. There is usually one Conclusion for each Issue.

The Recommendation suggests next steps to be taken. This is the one part of the memorandum where you can give your own views or opinions. But be conservative! Don't go out on limbs unless your suggestions are well founded by the authorities you have relied upon in the memorandum!

Demonstration: The IRAC Method

Commonly Asked Questions . . .*

(*Click here if this tool does not work properly - Open in new window)

The Good, the Bad, and the Ugly Time Sheets
Click on the examples of Time Sheets below to zoom in and compare. Yours should look like the Good example.


The Good	The Bad	The Ugly

Time Sheet Download
Click here to download a Time Sheet that automatically adds up your billable hours. You should keep track of any research or writing you do on behalf of your client, including the written assignments in this chapter.

(Are you getting the hint that keeping track of billable hours is very, very important?)

Reminder: Legal Writing Lab

Click to Zoom!

The Labs allow you to work on the written assignment online while receiving both text-based and audio guidance for every step of the process. It's like having an instructor looking over your shoulder providing tips and step-by-step instruction. Using the Labs will make the learning process more efficient and effective.