HOW TO

DRAFT A
MEMORANDUM
By Shweta Shukla (V B.A.LL.B.)
 1. The ultimate purpose
WHAT IS A of the memo is to
convince the Court
MEMO? that your side should
prevail on the facts
and on the law
2. It is a written
submission presented
to the court
MAKE YOUR
MEMO:
1. Clear
2. Concise
CITATIONS: WHEN, HOW, AND WHERE?
1. There is a relatively simple rule to follow: citations should be offered
for every statement of fact, quotation of another’s words, definition,
or assertion of legal theory.
2. This means that most of your sentences in the ‘pleadings’ will require
footnotes.
3. They must be uniform
4. Pay attention to italics and punctuation marks
 1. It provides the location
(in your memo) where
INDEX OF particular authorities
AUTHORITIES (judgments, articles,
government
documents, etc.) are
cited.
2. It gives the judges an
idea of the depth of
your research.
STATEMENT
OF 1. States why the forum
is the appropriate one
JURISDICTION to entertain the case.
2. Article quoted
depends on the forum
and the case.
 1. Keep it short
2. No need for citations
here
3. Emphasize what is
STATEMENT most relevant to your
case
OF FACTS 4. Use your arguments
advanced to help
decide what is most
important
5. Do not discard the
facts against your side
6. Make it persuasive (do
not dismiss its
significance)
ISSUES FOR CONSIDERATION

1. They are the questions presented before the

court for adjudication.
2. They must be framed neutrally (start with
“whether”).
 In determining whether
ARGUMENTS you should include an
argument in a memorial,
ADVANCED/ consider two interrelated
PLEADINGS questions:
1. Does this argument
convince the Court to
grant the relief
requested?
2. Do I have to make this
argument?
 1. Omit unnecessary
ARGUMENTS arguments
2. Do not repeat the facts
ADVANCED/ in detail (that’s what
PLEADINGS the SoF is for)
3. Address the
weaknesses in your
legal argument
4. Mention and
distinguish a negative
authority
IRAC 1. Issue
2. Rule
3. Analysis (of law and of
facts)
4. Conclusion
 [ ] Issue

[
Rule

][

Analysis of Law

]
[
Analysis of Facts

][
Conclusion
]
 Issue
[ ]
[ ] Rule
[

Analysis of Law

]
Rule [ ]
[

Analysis of Law

]
[
Analysis of Facts

][

Conclusion

]
 1. Separate the
ORGANIZATION submissions in logical
sub-points.
OF ARGUMENTS 2. Maintain a flow
throughout the
memorial.
3. Do not transition from
one topic to the next
abruptly.
 1. Its goal is to distill
the essence of the
SUMMARY OF arguments in
relation to each
ARGUMENTS major pleading.
2. It must be more
than a mere
reproduction of the
section headings in
the Pleadings.
 1. Ensure that
grammar, syntax,
WRITING and “voice” remain
consistent
STYLE 2. Keep your
sentences short
3. Use active voice as
much as possible
4. Use spell-check and
grammar-check
 LIST OF RESOURCES
1. CRW Handbook on Commonly Used Citation Styles
2. 'Making Your Case: The Art of Persuading Judges'
by Antonin Scalia, Bryan Garner, and Allen Pusey
3. 'Using the Elements of Rhythm, Tone, and Flow to
Create a More Effective and Persuasive Acoustic
Experience in Legal Writing' by Brett Rappaport
4. ‘What is Good Legal Writing and Why Does it
Matter?’ by Mark Osbeck
5. Sample Memorial
THANK YOU