Practical Legal Writing

Typically, memos of law are drafted by articling students or junior lawyers for more senior lawyers to get an idea of what the law says. They can also be drafted by lawyers for their own use and ongoing reference, particularly when strategic decisions are made (for example, deciding to not pursue a particular application).

• Always consider your audience, as this can drastically change your memo. For example:
  • Purpose: Academic memos are almost always neutral summaries of the law. When writing for a lawyer in practice, however, your audience may prefer that you attempt to craft arguments in favour of the client and comment on the likelihood of their success. Always clarify the purpose of the memo with the assignor before you begin.
  • Vocabulary: Usually, memos are written exclusively for your professors or other lawyers, but sometimes the assignor will want to share the memo with the client. If that is the case, try to keep your writing free of legal jargon. When it is impossible to avoid, you may have to add an explanation that you would not include if the readers were all lawyers. Similarly, you may need to provide explanations of concepts that you could safely assume another lawyer would not need. Consider the difficulty of the concept and the sophistication of the client when making these decisions.
• If you received verbal instructions for your memo, or you found your written instructions confusing, write down the question you think you have been asked and clarify that you have understood the assignment.