Purpose and use
The main purpose of the office memo
to record the law found as a result of the research
to explain how the researcher analyzed the law and applied the facts
ultimately propose a solution
a memo can be expensive with research time
can be referred back to, used to discuss problems to be resolve, aid further research, and many more
Basic Question
The basic question the memo answers is how similar precedent will be applied to your client’s case to arrive at an answer.
This is similar to the opinion letter but here the focus is more on your thought process as to how you figure out the answer.
Not the niceties in communicating with your client
Style
the tone of an office memo should be objective, not persuasive
keep yourself out of the memo (dont use I)
avoid slang
formal, but not so formal that its unappealing to read
dont use elegent variation
choose specific words, not abstract words
Format
no one correct format
To and From
Re ( identify the subject matter)
Date (date you completed it or the date you deliver it to your reader)
Facts
limit them to one or two paragraphs
if you assume facts, clearly state that its an assumption
Issues and answers (the heart of your memo)
an issue and the corresponding answer should be one sentence in length but should give the reader as much information as possible.
The issue is usually stated in the form of a question, and the answer is a full sentence response to the issue
Reasoning
thesis, a short conclusion, statement of the rule of law, and the application of the rule of law to the facts
Thesis
Rule of law
the law contained in any legal sources that will be applied to your facts later in your memo
leave out portions that are irrelevant any omissions by using ellipses.
if the law is simple, you may want to explain it in your own words
explain abt case law
application of law to facts
explain why a constitutional or statutory provision applies or does not apply
explain it in a way that someone who has never read about that area of the law before can understand your memo
conclusion (summarize)
Memo Content
To: Who is the memo for?
From: Who wrote the memo?
Re: What is it about?
Facts: What are the facts of your case?
Issue: What question are you answering?
Answer: What did you find?
Reasoning: FIRAC
Conclusion: Repeat the answer with more detail.
FIRAC
Facts: what are the facts of the precedent case?
Who were the parties
What did they do?
What was the law suit about?
Issue: What was the issue that was presented to the Court in the precedent case?
Rule
How did the court rule?
In making their ruling what did the court say?
What precedent did they create?
Analysis
Compare and Contrast
This is where you take the facts from your case and apply them to the precedent case
Conclusion: the answer!
This is where you explain why the precedent you used pushes you to the opinion you have given.
good lawyers teach the law