The Interoffice Memorandum of Law

This is a document, prepared by an attorney, which summarizes the law in a particular jurisdiction and analyzes it with the facts of a legal situation/case.  An example of a legal situation is when a client approaches a law firm seeking legal guidance. Typically, a lawyer will prepare a memorandum of law for a superior, like a senior partner at the law firm, or the general counsel of a legal department. The senior lawyer is usually making this request for a memorandum of law in order to learn the likelihood of success for the client.

The document itself is a true and accurate description of the likelihood of success for your client. It is NOT meant to convince that the client will be successful. In fact, often the client’s chances are weak and the case will not be a strong one. Regardless of that, the memorandum of law must accurately provide the chances of success to the reader. The senior partner at a law firm needs a realistic assessment of the client’s chances of success.

Who is the intended audience of the interoffice memorandum of law?

• 1) Senior Partner (or any attorney who assigned the work) – This person will read your memorandum because this person assigned it and is looking forward to reading your prediction of the outcome.
• 2) Other attorneys/Paralegals/Administrative Assistants at the law office – These people may read your memorandum if it crosses their path related to the client. They are members of the legal team and it is possible they may need to review the document.

Who will NOT be reviewing the interoffice memorandum of law?

• 1) Opposing counsel (the attorney who represents the other side) – This person will not review the document because it is an internal document and will not be passed along to people outside of the law firm. It is the lawyer’s work. The other side’s lawyer can and should do his or her own work.
• 2) A judge – A judge will not see this document because it is not something that will be offered to a court. If an when the time comes for a judge to rule on a legal issue, there will be different type of documents submitted.
• 3) The client – The client will not view this document because it will contain analysis that will be helpful to attorneys, but not as much to non-lawyers. When the time comes to let the client know his or her chances of success, this can be done in a client letter.

Sections of the Memorandum of Law (Each of these sections will be reviewed individually in this book.)

• 1) Heading
• 2) Question Presented
• 3) Brief Answer
• 4) Applicable Statute
• 5) Statement of Facts
• 6) Discussion
• 7) Conclusion