HOW TO WRITE A LEGAL MEMO

Most of the young and aspiring advocates spend a considerable amount of time structuring
legal memorandums and finding the law relevant to particular problems. It is important for an
advocate to ace in writing a legal memo like any other skill. The legal memorandum is the most
formal, polished, and comprehensive written document for reporting the results of your legal
research1. In real life, a memorandum plays a very important role and can be an asset for a
case. There is no fixed method to write a memo. But there is an organized method to draft it.

It is immeasurably valuable for a case to do research and put it in black and white in a focused
and orderly manner. A person should remind that a legal memorandum is not written to
persuade the court. It is written to show the court that the client is innocent and narrates his
perspective by applying the law concerning the facts.

The standard and organized memorandum has the following format:

MEMORANDUM

To: (reader- client or judge)

From: (name)

Date: (Date of Submission)

File: (File number)

Subject: (topic)

TABLE OF CONTENTS and PURPOSE OR AIM OF THE MEMO are optional.

FACTS:

1. An objective description of the facts your legal problem would be formal.

2. It is always important to start your memo with the facts of the case. It is where you put
your legal research as per the facts of the case.
3. The description of the facts must be clear, accurate, and complete. Ambiguity and
making the reader wandering around the words loses the strength of the memo.
4. Avoid commenting on your opinion in this section. But it is important to mention all the
facts that you are going to discuss later

Before going into the issues, if there are any unanswered questions related to the case and you
made any assumptions regarding those, mention it. Make the reader to understand your
problem with ease.

ISSUES:

1
Mark Gannage, How to Structure your Legal Memorandum, (1999), Perspectives: Teaching legal Research and
Writing, https://info.legalsolutions.thomsonreuters.com/pdf/perspec/1999-fall/1999-fall-11.pdf
 1. It is where you boast your art of advocacy by stating the legal issue.
2. Never forget to be accurate, clear, and precise.
3. Tackle important issues first. Break the facts of the case into a logical order to avoid
confusion.
4. The subject of the memo is a question i.e. how to apply the relevant law. Show that.
5. After posing your questions, summarize your reader how relevant law applies to your
facts.
6. It is important not to include citations.

DISCUSSION:

1. This is the heart and soul of the memo. It is where you describe every law and match to
the fact.
2. Just imagine that you are in a court and write it.
3. Cite all the similar cases with relevant summary.
4. Do not ignore any question of fact and avoid confusion in the interpretation of law.
5. Start with an introductory session and go with the flow.
6. Explain your counter-arguments to the analysis.
7. The discussion part itself can be divided into many parts with an introduction,
explanation, argument, and conclusion.
8. Be creative and think strategically.
9. Aim for the bigger picture.
10. Ensure that the headings are marked hieratically.
11. It is the place where you highlight your missing information.

CONCLUSIONS:

1. It would be the summary of the entire memo in a brief way. It is an in-detail discussion
of your statement.
2. Write this part last but present it first (i.e., before your detailed discussion) so that your
reader knows quickly the bottom line before reading about how you got there.
Remember: you’re not writing a suspense thriller or a murder mystery. 2
3. It is not a good place to expose your legal knowledge in this section.
4. It is not good to introduce new information.
5. Numbering the paragraphs is a must.

It is optional to mention the source from where the information was obtained. Citation must be
accurate. Occasionally, you may be asked to write a legal-client letter. It would be written in a
non-legal style. Writing a successful and gripping memo involves a huge task. You are required
to collect all the documents required and read as many articles as you can on the related
subject. It broadens your perspective. You can also seek advice from other solicitors. It is
optional to include recommendations made to the client.

2
Ibid
Finally, revisit the memo. Make any changes, if required as per your client’s desire.

HOW TO TERMINATE AN EMPLOYEE

An employee is a person who is hired by an employer to perform a specific function. Employees play an
important role in an organization. They are responsible for building up the organization. They are assets
of an organization and contribute towards the success of an organization. An organization cannot waste
its useful resources on inefficient and ineffective employees. So, it has to terminate them. Termination
of an employee is not only a burden on the employer but also a strenuous task. Indian employee and
employer relationships, their policies, and the working environment are governed by many Labor Laws.
This denotes that organizations are exposed to legal and judicial proceedings if they do not follow rules
while hiring and terminating employees.

Some employers adopt standard termination policies towards terminating an employee. These include
both voluntary termination and involuntary termination of employees. Adopting these standard
procedures may reduce the risk of litigation to the organization. In the case of a voluntary termination,
the employer’s primary concern is to assure that the employee has the necessary information to obtain
benefits to which the employee is entitled, e.g., COBRA, disability benefits, and retirement benefits, and
to tie up any loose ends, such as collecting employer property in the employee’s possession 3.
Involuntary termination can either due to poor performance or cost-cutting.

Employees are broadly classified into two categories: Employees and workmen. Laws binding upon them
are also different. Certain state laws may exclude senior management employees from their scope of
application. In these instances, employment contracts take precedence. In the case of contract workers,
Indian law prohibits their employment in certain sectors. Suppliers of contract labor (temporary
workers) are called contractors and must hold a license. The employer hiring such contract workers
must be registered as a “principled employer.” 4

Labor law plays an important role in the country’s economy. So, in India laborers are protected by both
state and central laws. Industrial Employment (Standing Orders) Act (IESA), 1946, and Industrial Disputes
Act, 1947 play an important role in regulating the termination of employees. The majority of the citizens
are governed under the Shops and Establishments Act. It also covers wider trade and operations of
employers.

The following are the basic compliances required to be followed to terminate an employee as per law:

1. A 30 to 90-day notice period applies in order to terminate ‘workmen’ (as defined in the
Industrial Disputes Act, 1947) – that is, employees whose role is not primarily supervisory,
administrative or managerial) for convenience, with 15 days’ pay due for every year worked. In
the case of manufacturing units, plantations and mines with 100 or more workmen, termination

3
Termination policies and Procedures, hr360, https://www.hr360.com/Termination/Termination-Policies.aspx
4
Rohit Kapur, Terminating an Employee in India: Understanding Key Provisions, Challenges,(December 2017 ),
Global Payroll Management Institute, https://www.gpminstitute.com/publications-resources/Global-Payroll-
Magazine/december-2017/terminating-an-employee-in-india-understanding-key-provisions-challenges
 for convenience requires prior government approval; in other sectors, it requires only
government notification.5
2. India’s labor laws cite the following reasons that justify termination for cause—willful
insubordination or disobedience; theft, fraud, or dishonesty; willful damage to or loss of
employer’s goods; partaking of bribes or any illegal gratification; absence without leave for more
than 10 days; habitual late attendance; disorderly behavior during working hours; or habitual
negligence of work.6
3. In case if an employer wants to terminate an employee seeking maternity leave, then employers
must face the risk associated with non compliance with the provisions in Maternity Benefit
(Amendment) Act, 2017.
4. Non- compete agreements are unenforceable under Indian Law.

Generally, HR consultants of various organizations follow similar steps to terminate an employee. They
are:

 Being direct with the employers and giving them the real reason for firing them makes the
process rational and professional.
 The employee goes through a phase as unemployment is stressful; it is the duty of employer to
be encouraging.
 Showing respect to the employee is crucial. Raging won’t help.

Most of the developed countries follow one-month notice procedures. In the case of terminating an
employee who has travelled with the organization for two or more years – the reason for termination
and severance package must be calculated. Wrongful termination always ends up with legal dispute. The
HR professionals must look after the compliance and termination procedures. They have to be briefed
by the employer regarding the cause of termination. It is best to take legal advice when the compliance
is difficult.

HOW TO GET OUT OF JURY DUTY LEGALLY

A jury trial is a lawful proceedings of the case in which the jury makes decisions. Jury by trial is
different from a panel of judges who takes decisions. The majority of countries in Asia such as
India, Pakistan, Singapore, and Malaysia have abolished the Jury system. A jury trial is
significantly used in criminal cases. United States is the only country that makes use of Jury duty
in a wide variety of civil cases. Countries like England use Jury trials only in the select category
of civil cases like malicious prosecution and so on. Jury trials were abolished in India by the

5
Debjani Aich and Stephen Mathis, Employement and Labour law in India, Kochhar and Co., Lexology,
https://www.lexology.com/library/detail.aspx?g=fa2fb547-5828-419a-bd3b-4ef01b612643
6
Rohit Kapur, Terminating an Employee in India: Understanding Key Provisions, Challenges,(December 2017 ),
Global Payroll Management Institute, https://www.gpminstitute.com/publications-resources/Global-Payroll-
Magazine/december-2017/terminating-an-employee-in-india-understanding-key-provisions-challenges
enactment of the Code of Criminal Procedure, 1973. The jury found no place in the 1950 Indian
Constitution, and it was ignored in many Indian states. 7Jury duty can be termed as a
responsibility or an obligation on behalf of the citizen who receives a summons from the court
to appear on a particular day and serve on the jury. It is a civic duty. When you serve on a jury,
you are ensuring the defendant’s right to speedy trial8.

Even though jury duty is a civic obligation, many of us are not interested in attending jury duty.
Hence, people try to find out silly explanations to escape it, where simply avoiding it may lead
to severe penalties. On a busy day, for a busy person, time is very valuable. It would be
irritating for them to sit in a jury box and listen to a fancy lawyer, who tries to convince his
client’s innocence. Failing to answer summons means contempt of the court; this may end up
in imprisonment.

Norm Crosby, a famous standup comedian once said, “When you go into court you are putting
your fate in to the hands of twelve people who weren’t smart enough to get out of jury duty”.
So, there is no way of coming out of it-or is there any? The following methods can be used to
get out of jury duty.

Claim Economic Hardship

Jury duty indeed costs economic hardship and effects income of a household. Many
employers came forward to consider jury leave as a paid leave but still it is not a permanent
solution. The court will look over wage slips and bank account statements, tax returns and
annual financial statements. So, this excuse could only be used by self-employed citizens. Do
not lie to a judge. It may cause a serious problem.

Request a date Change

All local, state, and federal jury selections feature a computerized process. Your name will
eventually reach the top of a list, and the computer will send an automated jury notice to your
registered address they have on file.9 If you want to get out of your jury duty obligations, then
delay the process, and move to the back of the line by using the jury form to request special
accommodations10. Complete the part of the form for special accommodations, and state that
you can’t make the required date. 11 You’ll need to include an explanation of why you can’t
appear for jury duty.

7
Jury Trials, In Wikipedia, https://en.wikipedia.org/wiki/Jury_trial
8
Legal Information Institute, “Sixth Amendment”, https://www.law.cornell.edu/constitution/sixth_amendment,
(Accessed 19 August 2020)
9
Oliver Dale, How to get out of jury duty: Complete Guide, (November 22, 2019), Money Check,
https://moneycheck.com/how-to-get-out-of-jury-duty/
10
Ibid
11
Ibid
Push the date forward

This means you would serve your jury duty sooner than originally scheduled. The lawyers
have likely already made the jury lists for closer dates, and there's a chance they won't be able
to seat you. So when your date is moved they have to put you at the end of the list. You may
not get called to serve on a jury at all.12

Claiming Student Status

Many students use this as an excuse. California is one among the few states that doesn’t
recognize this excuse. But, you still have various options like:

 Request that your jury duty be rescheduled for your next break (winter, spring,
summer).
 In most cases, missed student work can be made up, but not missed lessons and
lectures. Some states will even exempt students enrolled in online classes 13.

Appearing Subjective

It is sure that both defense and prosecution interviews the jury candidate. Your beliefs and
views play a crucial role. One can use this is as an opportunity and create uncertainty as a
potential juror in the minds of attorneys. You can make some statements which make you look
prejudiced. You can claim that your kith and kin have already been in a similar position. This
may make the court likely dismiss you.

Mention Veto rights

There is a right called “jury nullification” where the juror can refuse to swear to the court on
the grounds that he has a right to find the verdict as it seems fit. This right allows a jury to
return a verdict of innocence when the accused is guilty. Make use of this clause. It shows that
you are disagreeing with the law itself. It is a right, which many jurors and prosecutors hate.

Acting hostile to the government and judicial proceedings

Making statements that are against the government and stating your disbelief in the court
makes you hostile to the entire court room. This is a bit risky. It may lead to arguments
between you and the judge. But still it works.

12
How to get out of jury duty, (Last updated: August 1, 2020), Wiki How, https://www.wikihow.com/Get-Out-of-
Jury-Duty
13
Ibid
“Some people try to get out of jury duty by lying. You do not have to lie. Tell
the judge the truth. Tell him you would make a terrific juror because you can
spot guilty people.”

-George Carlin

HOW TO FILE FOR LEGAL SEPERATION

Marriage is a life-long commitment. It is a union of two souls that leads to an emotional bond.
But still, they fail. All marriages are not made in heaven. Some end abruptly. So, they seek a
divorce. Judicial separation or legal separation is the first step to the divorce. When a marriage
is a lack of understanding, full of disputes, and indifferent behavior then- husband and wife
seek remedies that are provided in The Marriage Act, 1955. The following are the remedies
provided under the act:

 Section 9-Restitution of Conjugal rights

 Section 10-Judicial separation
 Section 11 and 12-Void and Voidable Marriages
 Section 13-Divorce
 Section 13B-Divorce by mutual consent.

Judicial separation is a process where the parties i.e. husband and wife seeking divorce stay
separately. Here, the parties get each other’s consent to live separately for a specific period. It
is just giving a chance and an opportunity to save the marriage. The court shall decide the
separation time and during this time, the legal marital status of the parties would be valid.

Grounds for judicial separation

1. Cruelty – either of the spouse or both are cruel for one another
2. Desertion – either of the spouses is not alive and missing or not has been heard of the
other for seven years or more
3. Adultery – either of the spouses is having sexual intercourse with any other person
other than his or her spouse after solemnizing their marriage
4. Forced conversion of religion- either of the spouses is forcing the other one to convert
or to change his or her religion
5. Incurable diseases- when either of the spouses have incurable diseases like leprosy,
cancer, Ebola, and etc.
6. Insanity- either of the spouses is not having a sound condition and is insane.
7. Venereal or sexual diseases- either of the spouses is suffering from sexual diseases such
as HIV, AIDS, Genital herpes, Syphilis, and etc.
 8. Where the other party has renounced the world by entering any religious order
9. Rape, sexual harassment, molestation, bestiality and sodomy.

Filing for Judicial Separation

The parties are entitled to claim judicial separation by filing a petition and once the order for
the same has been passed, they are not liable to stay together. Either of the parties who have
been hurt can file for a petition in the District Court according to Section 10 of The Hindu
Marriages Act, 1955. The following essentials are required to be fulfilled before filing the case
:

1. The marriage must be solemnized under The Hindu Marriage Act, 1955
2. The respondent must be settled within the jurisdiction of the court where the petition
has been filed.
3. It is essential that husband and wife lived together for a specific amount of time.

The suit can be filed by a procedure mentioned in the Order VII and rule 1 of Civil Procedure
Code, 1973 and must disclose following details:

1. Date and place of the marriage

2. The person is required to be a Hindu, by his or her affidavit
3. Name, Date of Birth and gender of children (if any)
4. All requisite details of litigation prior to filing the decree for judicial separation or
divorce
5. For the judicial separation, the evidence must prove the grounds stated above for the
same.

Although the procedure for judicial separation and divorce are the same, there is a difference
between them. Judicial Separation can be filed at any time after the marriage but in case of
divorce, completion of one year is mandatory. Judicial Separation relieves from matrimonial
duties and obligations only for a certain amount of time and a first step to seek divorce. Judicial
Separation can also be a ground for divorce. A judicial separation goes through one stage
judgment procedure however; divorce goes through a two-stage judgment process. Certain
provisions in Matrimonial Causes Act 1973 are applicable to divorce but are not applied to
judicial separation petitions irrespective of going through a two or five year separation
period14. Judgments with respect to Wills are not applicable in case of Judicial separation. In
case the parties are undergoing a separation time and if one of the spouse dies then the
existing spouse will not be benefited out of it and thus the property will devolve. 15

14
Judicial separation in India, Helpline Law, http://www.helplinelaw.com/family-law/JUDISI/judicial-separation-in-
india.html
15
Ibid
Before 1955, there was no concept of divorce in the Hindu religion because it is considered that
Hindu marriages do not dissolve. Later, due to the civilization and reforms, this concept was
introduced.