As a junior lawyer, I probably spent 500+ hours writing research memos. If you’re starting out, here’s an example research memo and some tips I’ve learned to structure and write these monsters:
1. Introduction (section 1)
This is where we state the exact question that this research memo is answering.
The introduction should provide enough context so that somebody who may not be involved in this matter can understand what’s going on. Often, memos and advices will be circulated beyond your immediate instructing supervisor (e.g. to another partner, to the client’s legal team, to a director in the client organisation for approval etc). A well-written introduction allows anyone to pick up the document and understand what its purpose is (e.g. considering prospects for potential litigation, responding to a claim, updating company contracts).
For complex legal questions, I would write this introduction out in its entirety and confirm with my supervisor before diving into the legal research.
2. Executive Summary (section 2)
This sets out the answer to the question. It should be written so that a reader can get the answer and the recommended next step(s) by reading just the Introduction and Executive Summary. It’s not uncommon for clients to expect to read only these sections to get the answer to their question(s) – so it’s worth writing this as if it’s a standalone document.
Some lawyers make use of visual aids (diagrams, flowcharts etc.) in this section to concisely set out the answer.
The remainder of the memo is there to explain the reasoning behind the answer if the reader wants to know more. It’s also helpful to list out what is explored in the rest of the memo (i.e. mini table of contents).
3. Body (sections 3 to 7)
This is where we set out the relevant factual background (if known), key assumptions (if any), and detailed legal analysis.
It’s hard to give tips on getting to the right answer (it really just depends on experience, time and brainpower), but a general rule is to make this a standalone document with maximum readability by:
extracting the key statutory sections / case law quotes into the memo; using clear and logical defined terms; using subheadings to guide the reader; and proper formatting (e.g. bold / underline to direct attention, italics for quotes, and using paragraphs).
4. “Moving Forward” / Next Steps (section 8)
Here we can restate the answer and, more importantly, our recommended actions following this memo. Even if we’re not strictly correct with these next steps, it shows we’re thinking beyond the immediate task and it’s a good way to stay involved in the matter beyond the discrete task when checking back with our supervisor.
5. Footnotes
Here’s where we make use of those hard-earned legal citation skills from law school. The key is to be specific (i.e. section numbers and paragraph references) so that the reader can immediately pinpoint the relevant parts of the case / statute you’re referring to.
In presenting the memo, it’s also handy to attach the key cases / statutes that our research memo is based on. If you / your supervisors are used to working with digital versions of documents, then it’s also good to hyperlink the relevant cases / statutes / websites that you’ve referred to.
Final thoughts
As we start out, it’s common to write legal research memos for your colleagues to review and ultimately turn into client-facing advices etc. The next step in our development is to prepare these memos so that they’re suitable for the final audience. A good first step is to ask your instructing supervisor how they’re intending to use this research memo, how they’d like it presented so that it’s easier to turn into the final product, and (subject to their review) whether you can do the first draft of that conversion exercise.