1. The Intra-Office Memorandum: Key Points
Be objective:
In an intra-office memo, you are not arguing, but presenting
Be thorough:
Don’t leave out information just because you’re not sure if it’s relevant. Leave the relevance to the reader
This is in contrast to a legal brief, where you must be sure it’s relevant before you include it.
Be understandable
This is the key to an office memo. If the reader has trouble understanding the memo, it is worthless.
Advanced Legal Analysis and Writing Class 11

2. Elements of the Intra-Office Memo
Heading should state general information like:
Who the memo is from
Who the memo is to (including “cc”s)
Topic (“Re”)
Date
Statement of the question presented
Brief Answer at the outset (not required, but often helpful)
Statement of Facts (make it as concise as possible without leaving out important details)
Discussion
Conclusion
Advanced Legal Analysis and Writing Class 11

3. Intra-Office Memo – The Discussion
As with other legal writings, handle each issue/ sub-issue separately
State a conclusion for each issue objectively and candidly. Remember, you’re not arguing here. You’re trying to give your co-worker as clear a picture as possible.
It’s okay to give a conclusion that isn’t 100% clear
E.g., I believe it is more likely than not that…
But don’t waffle, either
E.g., Our client will likely win the issue, but then again, it depends on the jury…
Waffling just confuses the reader and makes your conclusion sound worthless.
Advanced Legal Analysis and Writing Class 11

4. Intra-Office Memo – Framing Your Conclusion
You can be uncertain (as is usually the case). But use appropriate phrasing to indicate your level of uncertainty. You can use words like:
Definitely
Very Likely
Likely
More Likely than not
Maybe
Advanced Legal Analysis and Writing Class 11

5. Intra-Office Memo – Law and Analysis
Describing the law (the “Rule” section of your I-R-A-C) should be done similarly to a legal brief, except that it should be done objectively – not necessarily in the light most favorable to your client.
Your analysis should also be objective, to allow your reader to understand the strengths and weaknesses of your case.
After you present an objective analysis, you can (and should, if possible), present your view as to the most compelling argument in your favor and how you believe your firm should counter the opponent’s strong points.
Advanced Legal Analysis and Writing Class 11