Session 14.

Legal
Memorandum
 What is a legal memorandum?

An informal record, in the form of a brief

written note or outline, of a particular
legal transaction or document for the
purpose of aiding the parties in
remembering particular points or for
future reference. A memorandum may
be used in court to prove that a
particular contract was made.
A legal memorandum presents
research and analysis and applies
the research and analysis to
particular facts.
A legal memorandum follows a
general structure and follows
certain conventions.
 Parts of a legal memorandum

1. Heading
2. Question Presented
3. Short Answer
4. Facts
5. Discussion
6. Conclusion
 Heading

The heading should identify the

(1) author; (2) recipient of the
memo; (3) date; (4) client
identification; and (5) subject
matter.
 Question Presented

The question presented states the question the

memo is to address. (1) How does the relevant law
apply to the key facts of the research problem?
The question should be sufficiently narrow and
should be objective.
 Question Presented

It must (1) provide a concise reference to the legal

claim and relevant doctrine; and(2) incorporate the
most legally significant facts of the case.
 Sample: Which is the best legal issue?
A. Is the mortgage enforceable?
B. Will security documents signed and registered using
the debtors common law name be enforceable against
the debtor and the debtors creditors if the debtor
changes using his legal name?
Will personal property security documents granted in
favor of BPI, signed and registered in Davao City
using the Debtors common law name Joe Cruz, be
enforceable against the Debtor and the Debtors
creditors now that the Debtor has changed to using his
legal name, Joselito Dela Cruz?
 Answer

Option A asks the basic question

that needs to be answered BUT
when compared to Options B and C,
it is inadequate. It provides no context
and does not add to the value of the
Legal Memorandum for future cases.
 Answer
Option B is a good question. It
provides a concise summary of the
legal issue and includes the essential
elements. It is less wordy that Option
3 BUT it is less complete because it
does not contain the specific facts of
the case.
 Answer

Option C is an excellent
question. It sets out the
precise legal issue to be
resolved.
 The Short Answer
It contains a clear answer to the
question and an explanation of
that answer. The balanced
description of law and fact
should be shown in the short
answer.
 The Short Answer
It has two functions: (1) it
provides the reader with an
accessible prediction as well as
the core of the relevant law and
facts; and (2) it provides the
readers with an outline or digest
of the discussion.
 Facts
The facts section contains all the factual
premises upon which the legal analysis is
based.
Specify what legal claims are being
considered. Describe any legal proceedings
that have already taken place.
Identity the client and briefly describe his
goal or problem.
 Facts
State the facts clearly and objectively.
Use chronological order. Use
definitions to standardize terminology
for persons and things that will be
referred to frequently in the
memorandum; this prevents clutter and
inconsistent references to the same
thing.
 Discussion

This section is the HEART of the memorandum.

It contains the explanation and analysis of the law
and its application to the facts.
The Discussion should of the issue should include
an introduction, an explanation of the applicable
legal rule, an application of the rule to the legal
problem, and a conclusion regarding the issue.
 Discussion

The UMBRELLA SECTION of the

discussion introduces or prefaces the in-depth
legal analysis. It restates the legal facts and issue
presented and introduces the overarching legal
rule.
 Discussion

The RULE STATEMENT (thesis statement)

synthesizes key elements of the cases relevant to the
issue in the case into a general statement of the rule.
The RULE PROOF serves as the explanation and
elaboration of the RULE STATEMENT(thesis
statement)
 Discussion: Application

A good APPLICATION weaves the cases into

the facts. Language from the cases should be
prominent and woven into the discussion.
The rule proof discusses cases to support the rule
statement.
 Discussion:
Counterargument

The use of COUNTERARGUMENT is a

good way to convey that the existing legal
authority is not clear, unequivocal, or unified when
applied to the facts.
Discussion: IRAC

I - Issue
R - Rule
A - Application
C - Conclusion
 IRAC

State the legal ISSUE. Write it in the form of

a topic sentence or question.
Determine the applicable legal RULE a.k.a.
RULE EXPLANATION. It involves a
review and analysis of the relevant cases,
statutes, and secondary sources.
 APPLY the legal rule to the facts. It involves
more analysis, distinguishing cases, making
counter-arguments, and presenting policy issues.
Finally, state the CONCLUSION on the
legal issue being discussed.
 Remember: IRAC

To organize a written legal analysis: (1) State an

important legal ISSUE; (2) then, state and
explain the relevant legal RULE; (c) then,
APPLY the rule to the facts; and (d) finally,
CONCLUDE by explicitly answering the legal
issue.
 CRRACC
C - Conclusion
R - Rule
R - Rule Proof
A - Application
C - Counterargument
C -Conclusion
CRRACC is an elaborated form of IRAC:
Conclusion, Rule, Rule Proof, Application,
Counterargument, Conclusion. The RR reminds you
to state the relevant legal Rule as you have synthesized
it from the sources of legal authority (i.e., constitutions,
statutes, regulations, and decisional or common law),
and then support this rule statement with some
organized explanation and discussion of the legal
authority upon which the rule statement is based (i.e.,
the Rule Proof). The CC reminds you to raise
important Counterarguments, i.e., contrary approaches
to the way you have synthesized the rule or applied the
rule to your facts, before stating your Conclusion.
 Conclusion

It contains a summary of the main points of the

analysis.
It conveys confidence in your analysis and
persuades the court to rule in your favor.