Writing a Memorandum of Advice 1 PDF

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MLL214: Writing a Memorandum of Advice During your time in law school and later on in legal practice, you will be asked to prepare legal communications which address the likely legal outcome of a particular factual matrix. Typically, these types of written communication fall into one of two categories: a letter of advice and a memorandum of advice. A letter of advice is usually addressed to a client, whereas a memorandum of advice is an internal document intended for use by colleagues or senior practitioners within your law practice. This document will briefly focus on what is expected of you when writing a Memorandum of Advice and will cover the following areas: 1. Memorandum Structure and Style 2. Memorandum Content 3. Referencing in your Memorandum This document can be used to assist you in completing the MLL214 memorandum of advice assignment.

1. Memorandum Structure There is no singular template to use when drafting a memorandum of advice. Nevertheless, there are particular attributes that consistently appear in every memorandum of advice. These include the opening or beginning section of your memo, an introduction, the main body (content) and the conclusion. 1.1 Memo Opening The beginning of your memo should include the following information: -

To whom the memo is intended From whom the memo is sent/authored Date Case/file reference number A brief tag line addressing what this memo is regarding

Here is an example: To: Dr Kathryn van Jones From: Mr James Wilder Date: 13 June 2017 Case No: 253-XY3 Re: Challenging the admissibility of identification evidence in the prosecution of Moses Oliver 1.2 Memo Introduction This portion of your memo should briefly: introduce the assigned task (what have you been asked to do?), outline what is in store for your reader (what content does your memo cover?) and report the

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conclusion (what is your overall advice?). It is essential that the introduction contain your memorandum’s “roadmap.” This is a very brief outline of the main body of them memo. 1.3 Main Body The main body is the most important part of the memo. The substance of the main body will be discussed below in section 2. This section will provide some tips as it concerns the structure and style of the main body of your memorandum of advice. The writing style should be concise. Avoid being too wordy or long-winded. Students often try to “sound smart” and it ends up diminishing the value of the assignment. It is always preferable to use “plain English.” If legal jargon is appropriate, take care to define the terms in question if they have a special meaning in the law. A paragraph should be limited to a singular thought or argument. If your memorandum will cover multiple topics, consider thoughtfully organising the main body utilising pertinent headings and if need be, sub-topic headings. Use a uniform numbering or lettering system. For example, the decimal system is being used in this document. The main topic (Memorandum Structure) is numbered “1” and the sub-topics under it (eg, Memo opening, Memo introduction, etc.), are numbered “1.1, 1.2, etc.” If the addition of a sub-sub topic was necessary then under this sub-topic, it would start “1.3.1.” Further, cross-referencing to content by reference to heading numbers can be a very effective way of assisting the reader to navigate your memo. Be consistent in your use of abbreviations or definitions. Pay attention that you use abbreviations or definitions only after they have been identified during their initial usage. Be consistent in the use of font and font size. Check for spelling and grammar mistakes. This is very important. 1.4 Conclusion This section of your letter should be precise and concise. No new material should be in the conclusion. This section should be reserved for advancing your position based on the analysis in the main body of your memo.

2. Memorandum Content The first thing you need to clarify is the memorandum’s objective(s). This information should guide the substance and tone of your writing. For example, is your task to inform someone about the law? Or, is it to persuade someone to adopt your position? Note that your memo may have more than one objective. This information should be in your introduction. In some circumstances in legal practice it is necessary or preferable to provide a recitation of the relevant facts or background to the matter. This is particularly the case where you are seeking to make it clear to a client or colleague that your advice is based on their instructions or assumptions you have made. Depending on the assignment instructions in a particular unit, there may be insufficient space within the word limit to include a full outline of the facts. As such, you should identify relevant facts or assumptions that are being made during the course of your legal analysis. In essence, an active application of the law to the facts where appropriate.

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It is almost certain that your memorandum of advice will require you to identify, analyse and resolve legal issues. This is at the heart of the memo’s main body. In order to do this, you will need to research the relevant and current legislation and jurisprudence and then extract the significant information for your memo. This exercise will require you to be able to distinguish pertinent information from information that is not specific enough to your particular issue. You will need to be precise. If the law is clear on a particular point of law then say that and come to a speedy conclusion on that topic. If the law is ambiguous, requires the weighing of factors, or if the current state of the law is in conflict, you will need to spend more time and attention to address these areas and put forward a well-founded and appropriate solution. A well-researched memorandum of advice will also pre-empt potential counter-arguments with well-articulated legal reasoning.

3. Referencing in your Memorandum Referencing in your Memorandum of Advice must be in full compliance with the Australian Guide to Legal Citation (AGLC) (3rd edition). All factual and legal propositions should be referenced. The law library has a “Library Resource Guide for Law” with a section on Legal Referencing. Additionally, on your Cloud Deakin webpage under “Study Support” there is also a Deakin Guide to AGLC. Please take a look at the AGLC’s introduction. Part 1 will be of assistance to you.

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