Alex Denne

Growth @ Genie AI | Introduction to Contracts @ UCL Faculty of Laws | Serial Founder

Creating a Legal Memorandum of Law

9 Jun 2023

29 min

Legal

Note: Links to our free templates are at the bottom of this long guide.
Also note: This is not legal advice

Introduction

Creating a legal memorandum of law can be a powerful tool for any litigator. It provides an in-depth analysis of the legal issues at hand and includes relevant authority and evidence to support its conclusion. This comprehensive overview is invaluable – not only to lawyers, but to their clients too. It serves as a concise summary of the legal principles, arguments, and the necessary evidence which supports the decision or recommendation reached.

Additionally, it provides an effective way for lawyers to explain their findings to their clients in a clear and concise manner. By reducing the amount of time spent explaining complex legal issues, lawyers can ensure that their clients are well-informed before making any decisions or recommendations.

Moreover, a legal memorandum of law serves as an invaluable resource for other lawyers and professionals in terms of obtaining an understanding of applicable laws within certain fields of practice: providing them with insight into not only the applicable laws involved but also with evidence necessary to support particular decisions or recommendations reached while referencing authoritative sources throughout.

Genie AI is here to make access to this tool easier than ever before – providing free template libraries with millions upon millions datapoints teaching our Artificial Intelligence what market-standard memoranda look like - thereby helping anyone draft high quality documents without having to hire a lawyer! All you need do is access our template library today if you wish to benefit from all that Genie AI has developed over these past few years – so no Genie AI account is required whatsoever! Read on below for our step-by-step guidance today and find out how you too could reap all these benefits!

Definitions

Legal Dispute: A disagreement between two or more parties that involves a legal question.
Legal Authority: Laws, regulations, and precedents that have the power to create binding rules and judgments.
Statutes: Laws that have been passed by a legislature or other governing body.
Cases: Decisions made by a court that interpret and apply legal principles.
Regulations: Rules issued by a governmental agency that have the force of law.
Legal Precedent: A court decision that is used to decide similar cases in the future.
Factual Analysis: The process of gathering and examining facts to determine their legal implications.
Legal Analysis: Examining the legal issues involved in a dispute and researching the legal principles that are relevant.
Argument: Making a persuasive case based on facts and legal principles.
Conclusion: Summarizing the argument and providing a recommendation for further action.
Citations: Formatting sources and references in accordance with a style guide.
Review: Checking the memorandum for errors and typos.
Final Edits: Adding additional information, correcting errors, or revising the argument.
Submission: Sending the memorandum to the appropriate person or entity.

Introduction
Explaining the purpose of a legal memorandum of law, its importance, and the topics it typically covers.
Research
Identifying what legal sources will be used to create the memorandum, such as statutes, cases, and regulations.
Factual Analysis
Gathering all relevant facts of the case.
Identifying the legal precedent that could be applicable to the situation.
Analyzing the facts in light of the legal precedent.
Legal Analysis
Examining the legal issues involved in the memorandum.
Examining the legal principles that are relevant to the dispute.
Investigating any additional sources that may be relevant.
Argument
Examining the facts and legal principles to determine what arguments can be made.
Analyzing the strengths and weaknesses of each argument.
Crafting a persuasive argument based on the facts and legal principles.
Conclusion
Summarizing the argument.
Providing a recommendation for further action.
Citations
Formatting the citations in accordance with the applicable style guide.
Including the proper citations for all of the sources used in the memorandum.
Review
Examining the memorandum for any errors or typos.
Ensuring that the language used is clear and concise.
Verifying that all relevant facts and legal principles are included.
Final Edits
Making any necessary edits to the memorandum.
Submission
Submitting the memorandum to the appropriate person or entity.

Get started

Introduction

Understand the purpose of a legal memorandum of law
Recognize its importance and value
Learn about the topics it typically covers
Research applicable legal principles
Develop an understanding of the facts of the case
Have a clear idea of the legal issue being addressed
When you have a good understanding of the purpose, importance, topics, legal principles, and facts of the case, you can move on to the next step.

Explaining the purpose of a legal memorandum of law, its importance, and the topics it typically covers.

Understand the purpose of a legal memorandum of law, which is to provide legal advice and analysis to a particular client or entity.
Recognize the importance of creating a legal memorandum of law, as it can help to inform decisions and guide legal action.
Learn the topics that a legal memorandum of law typically covers, such as background information, the facts of the case, legal research, and the conclusion.

How you’ll know when you can check this off your list and move on to the next step:

Once you have a thorough understanding of the purpose, importance, and topics of a legal memorandum of law, you can move on to the next step: research.

Research

• Research the legal issue in depth, using both primary and secondary sources.
• Look for relevant statutes, cases, regulations, and other legal sources that are relevant to the legal issue.
• Consult with a legal professional, if needed, to ensure that you have identified all the necessary legal sources.
• Make sure that the sources you have identified are up-to-date and relevant to your legal issue.
• Take notes and write down your findings.

When you have completed the research, you can move on to the next step of the guide.

Identifying what legal sources will be used to create the memorandum, such as statutes, cases, and regulations.

Start by researching relevant statutes, cases, and regulations.
Make note of any sources you find that are relevant to your topic.
Check the relevant jurisdiction to determine if there is any additional information you need to consider.
Make sure to include any additional sources of authority that are relevant to the issues you are researching.
When you have all of the relevant sources identified, you can move on to the next step.

Factual Analysis

Read through all relevant facts and determine their legal significance
Identify the legal issues raised by the facts of the case
Analyze the facts in light of the applicable legal rules
Research the legal issues to determine whether any precedents have been set on the issues
When all relevant facts have been analyzed and legal issues have been identified and researched, the factual analysis is complete and you can move on to the next step.

Gathering all relevant facts of the case.

Read through the case documents and relevant facts
Create a timeline of events
Collect all primary documents
Identify all parties and their roles in the case
Take note of any witness testimonies
Take note of any expert opinions

When you can check this off your list:
Once you have collected all relevant documentation and created a timeline of events, you have completed this step.

Identifying the legal precedent that could be applicable to the situation.

Start by researching the applicable legal rules and principles related to the situation - look at relevant statutes, cases, and other sources of law.
Take note of any relevant precedents and make a list of them.
Ask yourself if there are any other jurisdictions that have dealt with this issue, and if so, what did they decide?
Consider if there are any other sources of law (such as regulations or executive orders) that could be relevant to the situation.

When you can check this off your list:

When you have a comprehensive list of relevant statutes, cases, and other sources of law that could apply to the situation.

Analyzing the facts in light of the legal precedent.

Read the facts and compare them to the legal precedent identified in the previous step
Research any additional facts or precedents that may be relevant to the case
Identify the legal issues that are relevant to the case based on the facts
Make a concise statement of the law that applies to the case
Apply the law to the facts to determine whether the client’s desired outcome is likely
Make any necessary modifications to the statement of the law and application to the facts
Use the analysis to make a recommendation to the client
When you have a strong legal analysis and a recommendation for the client, you can check this step off and move on to the next step.

Legal Analysis

Identify all the applicable legal rules related to the issue
Consider how each legal rule should be applied to the facts of the case
Analyze the legal implications of the facts in the context of the applicable legal rules
Make a conclusion based on the legal analysis
Make sure the conclusion is supported by the facts and legal rules
Once you have completed the legal analysis, you can move on to the next step of examining the legal issues involved in the memorandum.

Examining the legal issues involved in the memorandum.

Identify the legal issues presented by the facts of the dispute
Gather relevant legal authority that may be used to address the legal issues (such as statutes, cases, regulations, etc.)
Analyze the legal authority to determine how it may apply to the legal issues
Draft a list of the legal issues presented by the dispute and the applicable legal authority
Consider the legal issues in terms of the parties’ positions and the facts of the case

When you can check this off your list and move on to the next step:

When you have identified the legal issues presented by the facts of the dispute
When you have gathered the relevant legal authority that may be used to address the legal issues
When you have analyzed the legal authority to determine how it may apply to the legal issues
When you have drafted a list of the legal issues presented by the dispute and the applicable legal authority
When you have considered the legal issues in terms of the parties’ positions and the facts of the case

Examining the legal principles that are relevant to the dispute.

Read the documents related to the dispute and take notes on the facts of the case, as well as all applicable legal principles.
Research any relevant case law and statutes that may be applicable to the dispute and take notes on them as well.
Identify any relevant legal principles that are applicable to the dispute and make a list of them.
Analyze the facts of the case to determine how the relevant legal principles may apply.
When you have identified all relevant legal principles and analyzed how they may apply, you can then move on to the next step.

Investigating any additional sources that may be relevant.

Research any and all additional sources that might be applicable to the dispute, such as previous court decisions, legal treatises, and scholarly articles.
Consider talking to colleagues or other knowledgeable people in the field for more information.
Utilize online legal databases, such as Westlaw or LexisNexis.
When you have identified all potential sources that may be relevant, move on to the next step of forming an argument.

Argument

Analyze the facts and legal principles to determine the legal arguments to be made
Consider the implications of the facts and the legal principles and use them to support your arguments
Formulate your argument and make sure it is clear and concise
Anticipate counter-arguments and address them
Check your work for accuracy and completeness

Once you have completed your arguments and are satisfied with the outcome, you can move on to the next step.

Examining the facts and legal principles to determine what arguments can be made.

Carefully review the facts and the applicable legal principles related to the case
Identify all issues that could be argued
Brainstorm possible arguments and angles of approach
Research and analyze the relevant case law and other legal authority to determine which arguments are strong
Once you have identified the strongest arguments, you can move on to the next step: analyzing the strengths and weaknesses of each argument.

Analyzing the strengths and weaknesses of each argument.

Review the facts and legal principles to determine the potential arguments and how they could be applied.
Consider any potential implications or side effects that could arise from each argument.
Analyze the pros and cons associated with each argument and assess their relevance to the case.
Research any relevant cases or laws that might support or refute any of the arguments.
Once you have identified and evaluated the strengths and weaknesses of each argument, you can move on to the next step.

Crafting a persuasive argument based on the facts and legal principles.

Identify the applicable legal principles from the facts provided
Construct a persuasive argument using the identified legal principles
Support the argument with relevant case law and statutes
Present the argument in a clear and concise way
Review your argument for accuracy, logic, and consistency
When you are confident in the accuracy and completeness of your argument, you can move on to the next step.

Conclusion

Review the facts and legal principles discussed in your legal memorandum of law.
Determine the main points of your argument and the conclusion that follows from them.
Summarize your argument concisely and clearly in the conclusion section.
Make sure to include the legal principles you used to support your argument.
When you have completed the conclusion section, you can move on to the next step.

Summarizing the argument.

Go back to the main body of the memorandum and review the legal arguments made
Summarize the legal arguments in a concise yet clear manner
Make sure to include the main points of the argument
Include relevant legal citations as needed
Once complete, review the summary and ensure it accurately reflects the legal argument
This step is complete when you have a clear and concise summary of the legal argument.

Providing a recommendation for further action.

Analyze the facts presented in the memorandum and the applicable law to come up with an appropriate recommendation.
Assess the likelihood of success for the argument given the facts and the law.
Draft a conclusion in the form of a recommendation for further action.
Provide a summary of the points made in the memorandum and how they support the recommendation.
When you have completed the recommendation and reviewed it for accuracy, you can move on to the next step.

Citations

Research the applicable law and relevant cases to obtain proper citations
Ensure all citations are accurate and up-to-date
Make sure all citations are properly formatted as required by the applicable style guide
Check all citations for accuracy against the original sources
Once all citations are properly formatted and verified for accuracy, you can move onto formatting the citations in accordance with the applicable style guide.

Formatting the citations in accordance with the applicable style guide.

Start by familiarizing yourself with the applicable style guide, such as the Bluebook or ALWD Citation Manual.
Find the proper format for each of the citations in your memorandum.
Use the style guide to make sure you are using the correct abbreviations, punctuations, and capitalizations.
Double-check each citation to make sure it is formatted correctly and accurately.
Once all of the citations are properly formatted, you can move on to the next step.

Including the proper citations for all of the sources used in the memorandum.

Identify all sources used in the memorandum and obtain the appropriate legal citations for each
For each source, format the citation in accordance with the applicable style guide
Include the legal citation for each source in the applicable section of the memorandum
Double-check all citations to ensure accuracy
When all sources have been properly cited, the step is complete and can be checked off the list.

Review

Read through the memorandum for any errors or typos
Review citations for accuracy
Check for errors in grammar, spelling, and punctuation
Make sure the memorandum is logically organized
Once you have checked for any mistakes, you can move on to the next step in the process

Examining the memorandum for any errors or typos.

Carefully read through the memorandum for any typos, errors, inaccuracies, or inconsistencies
Review any citations to ensure that they are correctly cited and in the proper format
Check for any errors in formatting, punctuation, and grammar
When you have finished, you should have an error-free memorandum that is ready for submission.

Ensuring that the language used is clear and concise.

Review the memorandum to make sure all language used is direct and to-the-point.
Check for any unnecessary words and phrases that could be removed.
Use plain language that is easy to understand for all readers.
Ensure that the memorandum is organized and flows logically.
Once you are satisfied with the language and organization of the memorandum, you can check off this step and move on to verifying any relevant facts and legal principles.

Verifying that all relevant facts and legal principles are included.

Carefully review the memorandum to ensure that all relevant facts, legal theories, and legal principles are included.
Do not assume that the reader is aware of any facts or legal concepts.
All relevant facts and legal theories should be clearly articulated.
Consider whether any additional research is needed to ensure that all necessary facts and legal principles have been included.
When you are satisfied that all relevant facts and legal principles have been included, you can check this off your list and move on to the next step.

Final Edits

Read through the memorandum thoroughly and make sure all facts and legal principles are included
Check for any typos or grammatical errors
Ensure the memorandum is clear and organized
Make sure the memorandum is supported by the legal authority cited
Ensure the memorandum is concise and to the point
When finished, proofread the memorandum one more time
When satisfied with the final product, you can check this off your list and move on to the next step.

Making any necessary edits to the memorandum.

Read through the memorandum for any errors or for anything that needs to be changed.
Make any necessary changes, ensuring that all legal principles are accurately reflected.
Check if the facts and laws are up-to-date, including any recent changes in the law.
Ensure that the memorandum is written in a clear and concise way, using appropriate legal language.
When you are satisfied with the memorandum, you can move on to the next step.

Submission

Check the memorandum for any typos or errors that may have been missed during the editing process.
Attach any necessary documents to the memorandum that were referenced or submitted in the research process.
Print out the memorandum and include the date of submission.
Send the memorandum to the appropriate person or entity.
Check that the memorandum was sent successfully.
Make a record of the date and time the memorandum was sent.

How you’ll know when you can check this off your list and move on to the next step:

You will know that you can move on to the next step when you have checked that the memorandum was sent successfully and you have made a record of the date and time the memorandum was sent.

Submitting the memorandum to the appropriate person or entity.

Ensure that the memorandum is addressed to the correct individual or entity.
If there is a particular filing procedure or protocol to follow, make sure to adhere to it.
Attach any additional documents or evidence required.
Submit the memorandum in hard copy or electronically, depending on the instructions.
Confirm receipt of the memorandum and note any deadlines for a response.

You will know when you can check this off your list and move on to the next step when the memorandum has been successfully submitted to the appropriate individual or entity.

FAQ

Q: What are the main differences between a Legal Memorandum of Law in the UK, USA and EU?

Asked by Samantha on January 5th 2022.
A: A Legal Memorandum of Law is an important document used by lawyers to communicate legal reasoning and analysis on the law or facts of a particular case. Generally, the requirements for a Legal Memorandum of Law will differ depending on the jurisdiction it is written in. In the US, a Legal Memorandum of Law may be used to analyze facts and argue a legal position, while in the UK and EU it is often used to provide an opinion on legal issues or research a particular point of law. The content and format of a Legal Memorandum of Law can vary slightly between jurisdictions, but all three jurisdictions will require similar information such as an introduction, statement of facts, discussion of relevant law, and conclusion.

Q: Is a Legal Memorandum of Law applicable in all industries?

Asked by Andrew on February 8th 2022.
A: A Legal Memorandum of Law can be applicable in any industry that involves legal analysis or research. It can be used to provide an opinion on legal issues or research a particular point of law. This could include industries such as technology, SaaS, B2B, and many others. It is important to note that the legal principles and interpretations may vary from industry to industry, so it is best to consult with a qualified lawyer to ensure that the memorandum is accurate for your specific industry and situation.

Q: What are the steps I need to take when creating a Legal Memorandum of Law?

Asked by Maria on April 21st 2022.
A: When creating a Legal Memorandum of Law there are several steps that need to be taken in order to ensure accuracy and completeness. Firstly, it is important to collect all relevant facts related to the case or issue at hand. Secondly, it is necessary to research the applicable laws and regulations related to the case or issue. Thirdly, it is essential to analyze these laws and regulations in light of the facts at hand in order to reach a conclusion regarding the legal issues in question. Finally, it is necessary to write up the results of this analysis into a comprehensive memorandum which contains an introduction, statement of facts, discussion of relevant law, and conclusion.

Q: What should I include in my Legal Memorandum of Law?

Asked by Justin on June 17th 2022.
A: When creating your Legal Memorandum of Law it is important that you include all relevant information related to your case or issue at hand. This includes an introduction outlining the purpose of your memorandum; a statement of facts outlining all relevant information pertaining to your case; an analysis of applicable laws and regulations; and finally a conclusion summarizing your research and opinion on the matter. Additionally, it is important that you use clear language throughout your memorandum so that anyone reading it can understand your points clearly and concisely.

Q: What type of language should I use when writing my Legal Memorandum of Law?

Asked by Emily on August 4th 2022.
A: When writing your Legal Memorandum of Law it is important that you use clear language that can be understood easily by anyone reading it. This means using terms that are precise yet not overly technical or jargon-filled. Additionally, it is important that you use language that accurately reflects any applicable laws or regulations as well as any factual information related to your case or issue at hand. Using precise language will help ensure that your memorandum conveys its intended message clearly and effectively.

Q: How long should my Legal Memorandum be?

Asked by Joshua on September 15th 2022.
A: The length of your Legal Memorandum will depend on various factors such as the complexity of your case or issue at hand as well as any applicable laws or regulations that need to be addressed within the document itself. Generally speaking, most memorandums will range from 10-20 pages depending on these factors but this can vary significantly depending on the specific situation at hand. Ultimately it is best to consult with a qualified lawyer if you are unsure about how long your memorandum should be.

Q: What sources should I use when researching for my Legal Memorandum?

Asked by Sarah on November 6th 2022.
A: When researching for your Legal Memorandum it is essential that you use reliable sources such as official government websites, reputable legal journals and texts, court decisions (both past and present), scholarly articles written by experts in the field etc… Additionally, when researching for any specific laws or regulations related to your case or issue at hand make sure you consult with any local bar associations or other resources available in order to ensure accuracy and completeness when citing relevant laws or regulations within your memorandum itself.

Q: Can I use cases from other jurisdictions when writing my memorandums?

Asked by David on December 18th 2022.
A: Yes you may use cases from other jurisdictions when writing your memorandums however it is important that you take into account any differences between those jurisdictions when citing cases from outside yours own jurisdiction within your memorandum itself… For example if citing cases from another country make sure you note any differences between their laws/regulations compared with those within yours own jurisdiction so as not to mislead readers who may not necessarily be aware of those differences themselves… Additionally make sure that any cases being cited are still legally binding within yours own jurisdiction before citing them within your memorandum itself so as not avoid any unnecessary confusion or misinterpretation later down the line…

Example dispute

Suing a Company for Unfair Practices

Plaintiff must be able to prove that the company has violated a state or federal law through memorandum of law.
Plaintiff must use the memorandum of law to identify the specific laws that were violated by the company.
Plaintiff must be able to show that the company was aware of the laws and deliberately chose to ignore them.
Plaintiff must be able to demonstrate that they suffered harm as a result of the company’s unlawful activities.
Plaintiff must be able to show that the harm caused was a direct result of the company’s actions.
Plaintiff must be able to demonstrate that the harm suffered was foreseeable and that the company should have taken steps to avoid or mitigate the harm.
Plaintiff must be able to demonstrate that their damages are quantifiable and that the harm suffered is directly proportional to the damages sought.
Plaintiff must be able to demonstrate that the damages sought are reasonable and that the company should be held accountable for its actions.
Plaintiff must be able to demonstrate that the company’s actions caused a negative impact on the community, economy, or environment.
Plaintiff may be able to seek punitive damages if the company’s actions were particularly egregious.
Plaintiff may be able to seek a settlement or court-ordered restitution if the company is found liable.
Plaintiff may be able to seek injunctive relief if the company’s actions are deemed to be ongoing.

Templates available (free to use)

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Introduction

Definitions

Contents

Get started

Introduction

Explaining the purpose of a legal memorandum of law, its importance, and the topics it typically covers.

Research

Identifying what legal sources will be used to create the memorandum, such as statutes, cases, and regulations.

Factual Analysis

Gathering all relevant facts of the case.

Identifying the legal precedent that could be applicable to the situation.

Analyzing the facts in light of the legal precedent.

Legal Analysis

Examining the legal issues involved in the memorandum.

Examining the legal principles that are relevant to the dispute.

Investigating any additional sources that may be relevant.

Argument

Examining the facts and legal principles to determine what arguments can be made.

Analyzing the strengths and weaknesses of each argument.

Crafting a persuasive argument based on the facts and legal principles.

Conclusion

Summarizing the argument.

Providing a recommendation for further action.

Citations

Formatting the citations in accordance with the applicable style guide.

Including the proper citations for all of the sources used in the memorandum.

Review

Examining the memorandum for any errors or typos.

Ensuring that the language used is clear and concise.

Verifying that all relevant facts and legal principles are included.

Final Edits

Making any necessary edits to the memorandum.

Submission

Submitting the memorandum to the appropriate person or entity.

FAQ

Q: What are the main differences between a Legal Memorandum of Law in the UK, USA and EU?

Q: Is a Legal Memorandum of Law applicable in all industries?

Q: What are the steps I need to take when creating a Legal Memorandum of Law?

Q: What should I include in my Legal Memorandum of Law?

Q: What type of language should I use when writing my Legal Memorandum of Law?

Q: How long should my Legal Memorandum be?

Q: What sources should I use when researching for my Legal Memorandum?

Q: Can I use cases from other jurisdictions when writing my memorandums?

Example dispute

Suing a Company for Unfair Practices

Templates available (free to use)

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