HOW TO WRITE A LEGAL MEMORANDUM

Legal memoranda, like legal briefs, are written following certain rules that make it is
easy for a judge or other legal professional to digest the document quickly.  In a legal
brief, you want to write persuasively so that the reader sees your way of seeing the
facts and law as the correct one to take.

Most memoranda and briefs follow the same format. 

The format is called FIAC –Facts, Issue, Argument/Discussion and Conclusion

I. FACTS

This section should describe in a neutral, narrative form the facts of the case. It
should include only the facts that have a bearing on the issue and should be as brief
as possible. State the relevant facts in chronological order as they pertain to the
issue. Leave out all facts that are NOT relevant to the issue. It is tempting to put in
more facts than necessary but you must not give in to this temptation. Provide the
facts that you will later discuss in the analysis portion of the memoranda.

The Statement of Facts should tell the story that gave rise to the legal question. The
Facts should have a tone and structure that is easy to read and that makes the
issues understandable.

POINTERS:

1. Avoid unnecessary facts

Include only those facts that are necessary for the legal analysis. The job of the
writer is to sift through all of the information and pull out what is needed only.

2. Do not state legal conclusions

Do not incorporate legal terms or legal conclusions in the facts.

o Incorrect: Mr. Juan dela Cruz negligently failed to stop at the red light.
o Correct: Mr. Juan dela Cruz failed to stop at the red light.

3. Note disputed facts

If there are facts that are in dispute, they should be clearly identified with
modifying terms such as “alleged,” “stated,” “testified.”
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 4. Only one key fact per sentence

Avoid sentences that include more than one essential fact. If you follow this rule,
you will make it easier to apply the law to the facts in the Discussion/Argument
section.

5. Avoid bias or distortion

Mention facts that are both favorable and unfavorable.

II. ISSUES

In a clear and succinct manner, state the issue(s). Choose only the most
important issues. State each issue in one sentence. Two to three issues will
usually do for purposes of the bar examinations.

The issue(s) can be formulated as a heading and is numbered and centered on

the page as are all subsequent headings. The issue may be written in the form
of a question.

You may state the issue(s) in a persuasive function i.e “The statute of limitation
does not apply nor prohibit plaintiff’s cause of action for negligence.”

The issue presented should be stated in terms specific to the case, including
both the legal and factual elements at issue.

o Incorrect: Was the defendant denied effective assistance of counsel?

o Correct: Did an attorney’s failure to file a timely appeal constitute

ineffective assistance of counsel?

III. ARGUMENT/DISCUSSION

This is the meat of any legal memoranda or legal brief. In this section you argue
your position on the issue(s) you presented earlier. This is also often the longest
portion of a legal memoranda or brief. It is in this section that you apply the law
to the facts at hand to determine an outcome.

In this part of the memoranda, it should contain the most important statutes and
case laws to support your position. You will look at the facts and the nuance of
the facts cited in the cases to determine if a particular case cited is applicable.
More importantly, you will prepare the analysis that will later persuade a judge
that they should decide the issue in your favor. Citation of case laws and
statutory laws must be precise.

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 The Argument/Discussion section, which is considered the heart of the
memorandum, must provide objective yet convincing support for the conclusion.

State the applicable rule or law. Some issues are covered only by statutory law
while some are covered only by case law, and some are covered by both.

POINTERS:

1. Synthesize law with facts

The writer must give an explanation as to how each fact relates to the law.

2. AIRAC

Every section of the Argument/Discussion must contain five elements: Answer,

Issue, Rule, Analysis, and Conclusion (“AIRAC”).

V. CONCLUSION

Summarize the argument and ask the court again to find in your favor. This
section should be short and concise at least 5-10 sentences will do.

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