What Is A Memorandum Or Memo? A memorandum or memo for short is commonly understood to be an official document originating from an office.

There are various types of memos. For example, in a business environment, the Memorandum of Understanding (MOU) and Memorandum of Association (MOA), are common. A memorandum is written to communicate or convey a brief message on a given subject or topic. Apart from specific memos, two of which have been cited earlier, a memorandum is usually not more than one page. Notes On Writing A Memorandum A memorandum is generally made up of three parts. These being: Introduction, Body and Conclusion. Many office memos come in a standard and pre-approved format. The headings in a standard format are: To, From, Date, Subject and Reference. The memo may be addressed to an individual or a group of individuals. They are usually addressed by position or designation. Including a name and title if it is addressed to an individual is an accepted practice. Below the headings are the introduction, body and conclusion. In the introduction, the purpose or why the memo is being written and what would be focus of attention would be explained. The body will provide details of the subject such as what is the issue, what are the implications and other considerations including options. The conclusion will state what needs to be done, by whom and when. The memo needs be brief, to the point and clear. The general rule is one idea or issue per memo. If many ideas or issues need to be communicated, it would be better to call for a meeting or discussion. The target audience must be kept in sight. Key questions such as why the memo is being written, what needs to be conveyed and what is the expected outcome must be constantly kept in mind. This must be done before writing the memo, while it is being written and after it is completed. Be economical with words. Use simple language. Use the active voice. Use active verbs. The reader wants to read the document and move on to what needs to be done. Use the correct titles before the name such as Mr., Mrs., Ms., and so on.

Editing The Memorandum

After completing the memo, review it for accuracy, brevity and clarity. Read it out and check how it sounds or comes through. Check details such as date and address. These are important for ensuring that the message is delivered to the correct target audience and quickly. Additionally, it makes document control easier. Do not overlook the importance of correct spelling and grammar. Proofreading and editing is critical to better writing. You can now easily and conveniently do this with a writing software that uses a unique technology that provides the first context-related, all-in-one solution for improving writing. Developed by a leading team of software, algorithm, and Natural Language Processing experts, for the first time ever, users can easily enhance their writing

skills. This revolutionary writing tool instantly analyzes the complete text and provides context-based recommendations to replace words with synonyms, to add adjectives and adverbs, to check spelling, and to verify proper grammar use. For Business Writing, a special version software is also available

Cheryl Stephens email@cherylstephens.com www.cherylstephens.com 604-739-0443 Legal Writing: Structuring a Better Legal Memorandum or Opinion In writing a letter to a client, a legal opinion, or a memorandum of law, lawyers will habitually deal with issues in the order they recall them instead of presenting the ideas in a logical pattern that helps the reader to grasp the argument. You should consider how the issues fit together so you can present them in a way that they hang together and present a coherent image. You should also use the organization, the lay-out, and the logic tools that make the information usable for lawyer or client. Purpose In addition, the purpose of any writing should guide its organization and content. Legal memorandum has differing purposes in different situations. You have to decide whether the memorandum you are writing is needed for help to: decide whether to take a case advise a client draft a pleading prepare for trial Giving thought to your purpose, your reader's needs, and the constraints on both of you will help you to focus and organize your message. Readers Logic Communications research has proven that readers approach a document with preconceived ideas about the subject or the writer. General readers approach the letters with prejudices about the facts, based on prior experience or private interest. A letter or memo needs a summary answer near the beginning to disabuse the reader of the preconceived opinion, so that they are receptive to the truth of the facts and law. Otherwise, a reader assimilates the information by predicting how it fits into their pre-existing framework of belief. And then they are dazed or confused by your conclusions at the end of the letter. A meaningful introductory paragraph makes them set aside their preconceptions and primes them for acceptance of your ideas.

Organization I want to share with you one area of concern that has arisen from my reviews of associates letter opinions. There is a systemic problem which is that the law firm seldom has a common organizational structure for letter opinions. Every associate adopts a different pattern and individual associates change their patterns in different letters. In this situation, both partners and clients have difficulty with the letters. Without a consistent organizational pattern, the reader never knows where to expect a particular type of information nor when to conclude that it is missing. Predictability and consistency in the readers eyes are very important to effective and quality writing. The real parts There are functional parts to a document that most legal writers forget about. The reader of a document or letter of more than 3 pages will benefit from a miniature table of contents -- a listing of topic headings. A shorter letter needs an introductory paragraph that lets your reader know what is ahead and puts forward your position or conclusions in the affirmative. Write a summary introduction or preview paragraph. Give an overview at the end that refines your whole message. A closing paragraph should clearly state or summarize what the reader is to do or what the writer will be doing next. Most writers will be comfortable beginning their writing in the middle of the document, where the substance is worked out. Then they can finish the project by writing the summary introduction and conclusion, after the contents are settled. Information Access Easy access to information is also feature now demanded of legal writing. To make the information accessible use a table of contents, use headings and numbering systems to show the architecture of the document and how the ideas are structured, give a preview and an overview. Headings Sometimes parts are titled: Facts, Law, and Conclusions. These headings give no hint of the nature of the parts or of the content of the document. These topics would be useless in an outline and they are also useless for the purpose of headings.

Headings should actually describe the information that follows. Think of using headings like a flow chart. The headings lead the reader from main points to subordinate points and mark new topics. They can work like the skeleton to hold the body of your work together. Headings can: show that you are moving to another topic be descriptive and predictive show readers where a pause is suitable break up the document into manageable pieces for serial reading be an internal index helping readers to find important information. Legal memoranda Heading and introduction Identify the client and how or why the matter or research assignment was referred to you. Issues Set out the basic legal questions that you will answer. Summary Provide a brief answer to the questions. Brief here means no more than five to ten lines. Statement of facts Set out all the important facts. If there is a dispute over the facts, set out both versions. Be as brief as possible. You can set the facts out chronologically or by another method. (See chapter on organization). One study on judges' opinions of briefs identified inadequate statement of facts as the major problem with legal memoranda. Survey of pertinent statutes While this section is optional, your reader will find it helpful to have the applicable statutory provisions set out. If the provisions are long, paraphrase them here, and set them out on an attachment. Survey of precedents You must review the relevant, primary precedents governing the facts. It is usually not necessary to prepare a history of the case law; the most recent or definitive cases will suffice. Discussion of each issue A dispassionate discussion of the issues and the applicable law is the central purpose of the memorandum. In this section you predict the answers that a court would give if it were faced with your facts, given the pertinent law.

 Conclusion A summary of your predictions about the state of the law and its application to your case. This is where you expand on the brief answer furnished at the beginning. Recommendation You recommend the best solution to the problem facing the client. What should the client do? What do you propose to do for the client? These are the questions you answer here. Most memoranda later form the basis for a letter of opinion. The format easily transfers from memo to letter. However, consideration should be given to both the language and the content when addressing the information to a client. Legal Memorandum Heading and Introduction Statement of Legal Issues Summary Overview Legal Opinion Heading and Introduction Issues Brief Answer

Statement of Facts Statement of Facts Survey of Pertinent Statutes Discussion Review of Precedents Discussion of Each Issue Basis of action Conclusion Detailed Conclusion Recommendation Recommendation Using the tools above will improve the comprehension of your ideas just as DSL speeds the expression of your thoughts. ADDENDA Patterns of Persuasion You may choose to use a specific pattern of organization that suits your purpose. Persuasive documents are written with the purpose of proving that a conclusion is sound or a recommendation ought to be put into effect. The ancient Greek and Roman style of argument was this: Introduction Narration (plainly stating the facts of the case) Division (stating how the argument is organized: what is first, what is second, and so on.) Confirmation (presenting the facts that support the speaker's point of view) Confutation (examining the facts that do not support the argument)

Detail

Conclusion (weighing the facts, assessing both sides of the argument and stating the conclusions) Application of a Theory 1. Description of the theory to be applied 2. Presentation of the data 3. Interpretation of the data according to the theory 4. Implications of the interpretation 5. Conclusion An alternative model is designed for readers who are likely to be unsympathetic to the theory or point of view or to your procedures and findings: 1. Theory to be applied a. describe it b. establish its validity c. defend its use in this case 2. Presentation of the data 3. Interpretation of the data according to the theory 4. Implications of the interpretation 5. Review of alternative theories and their interpretation of the data (optional) 6. Conclusion