How to Write a Memorandum of Law

MEMORANDUM OF LAW

CREATED AND PREPARED BY THE ATTORNEY

PURPOSE

• Explain Client’s position in a lawsuit

• Convince Judge to rule in the client’s favor

FORMAT

• CAPTION

• QUESTIONS PRESENTED

• FACTS

• ARGUMENT

• CONCLUSION

CAPTION

• Contains name of court, name of parties, case number and title of pleading

• Provide sentence that states who is submitting the memorandum and why  

  it is being submitted

QUESTIONS PRESENTED

• Contains several numbered questions for the Judge to consider

• Stated in the light most favorable to client and worded so judge can reach

  an answer favorable to the client

• Each Question should contain a combination of law and facts and ask how

  law applies to the facts

• Most important facts should be included in the questions to familiarize  

  them to the Judge

FACTS

• Paint a picture of facts from Client’s perspective

• Create empathy for client

• State facts specifically to make them memorable

• Call client by first name

• Tell facts in the order that client perceived them instead of using

  chronological order

• Choose words carefully

• Well stated facts make it easier for Judge to believe they have been

  stated in an objective manner

ARGUMENT

• Longest and most complex portion of the Memorandum of Law

• This section is divided into subsections called Point Headings

ARGUMENT SUBSECTIONS: POINT HEADINGS

• Each Point Heading should Include:

• Thesis Paragraph-

• Rule of Law- explanation of current status of applicable law

• Caution- Remember when writing Rule of Law to “Advise” instead of   “Lecture” the Judge 

POINT HEADINGS

• Provide copies of court cases cited in Memorandum for Judge’s review

• Application of Law to Facts- Lead reader step by step from the law to your

  conclusion

CONCLUSION

• Specifically requests the Judge to take a particular action or actions

• Remember to include a summary of your argument in the conclusion  

  section if you have not included it in the argument section