Legal Writing Guides

How to Write a Legal Memo

Q: Should I cite every rule statement in a memo?

Yes, every rule statement should have authority cited — case, statute, regulation, or Restatement section in Bluebook form. The partner will rely on the memo to make decisions and may use it to draft a brief or advise the client; cites are how they verify the law. Unsupported rule statements are unprofessional and unusable. Save the partner the time of re-researching by citing as you go.

Q: How do I format the Question Presented?

Use a 'whether' or 'under-does-when' format. 'Whether under Washington law, a five-year-old can be liable for battery when he moved a chair knowing the plaintiff would attempt to sit there.' Or: 'Under Washington tort law, can a five-year-old be liable for battery when he moved a chair while knowing the plaintiff would attempt to sit there?' Both formats identify the jurisdiction, the legal claim, and the operative facts in one sentence.

The complete guide for 1Ls and summer associates — standard memo structure, the CREAC framework section by section, predictive tone, formatting conventions, and the mistakes that get junior attorneys flagged on their first assignments.

Last updated: June 2026.

What a Legal Memo Is (and What It Isn't)

A legal memo — also called an office memo, memorandum of law, or simply "memo" — is an internal document written by a junior attorney or law student to a supervising attorney. Its purpose is to analyze a discrete legal question and predict how a court would rule.

The defining word is predictive. A memo is not an argument. The writer's job is to honestly evaluate the law, including the strongest arguments the opposing party would raise. A predictive memo that omits unfavorable authority or facts is dangerous — it leads the partner to advise the client wrongly.

This is the most important conceptual shift for 1Ls in their legal writing course. You spent the first semester reading judicial opinions (which are persuasive in tone — judges are justifying outcomes) and analyzing them on exams. The memo requires a different voice: analytical, balanced, even skeptical of the client's position. You are writing for your partner, not for a court.

Memo vs. Brief — Predictive vs. Persuasive

Law students confuse these two routinely. A quick comparison:

Memo (predictive): Internal. Audience is a supervising attorney. Goal is to honestly predict the outcome. Tone is analytical and balanced — includes both sides. Uses CREAC.
Brief (persuasive): External. Audience is the court. Goal is to convince the court to rule for the client. Tone is argumentative — emphasizes favorable authority, distinguishes unfavorable. Uses CRAC.

Same legal analysis. Different audience. Different writing.

A common 1L mistake is writing a memo in persuasive voice — as if making the client's case. Don't. The partner needs the truth so they can plan strategy. Save advocacy for the brief.

The Standard Memo Structure, Section by Section

Six sections, in this order. The substance changes per memo; the structure doesn't.

Heading

Purpose: Tells the reader who, who from, when, and what.

What to include: To, From, Date, and Re (a short subject line naming the legal question or client matter). Many firms use a standard header template — match yours.

Common mistake: Re lines that are vague ("Memo on case") instead of substantive ("Likelihood of recovery on negligence claim — Pena v. Davis").

Question Presented

Purpose: Frames the precise legal question the memo will answer.

What to include: One sentence in a "whether" or "under [jurisdiction's law], does [party] [legal claim] when [key facts]?" format. Identifies the law at issue and the operative facts.

Common mistake: Stating the question so generally ("Did the defendant breach a duty?") that it could apply to any case. Or burying the key facts so the question is unmoored.

Brief Answer

Purpose: States the predicted answer with the core rationale in one paragraph.

What to include: A clear yes / probably yes / probably no / no, followed by the one or two sentences of reasoning that drive it. Should fit in 3-5 sentences max.

Common mistake: Hedging without committing ("It depends..."). The brief answer is your prediction — make it.

Statement of Facts

Purpose: Provides the factual background the analysis depends on.

What to include: Only the legally significant facts, in a neutral, chronological narrative. Include facts that cut against your prediction — leaving them out makes the memo unreliable.

Common mistake: Including every fact your client mentioned, or omitting unfavorable facts. A memo is for the partner's use — it must include what cuts against you so they can plan.

Discussion (CREAC)

Purpose: The legal analysis. Walks the partner through the law and how it applies to these facts.

What to include: Conclusion, Rule, Explanation, Application, Conclusion — per issue. Each separate legal issue gets its own CREAC. Cite authority for every rule statement.

Common mistake: Skipping Application, dropping in long block quotes from cases, or using too many headers that fragment the analysis. The Application is where the partner reads most carefully.

Conclusion

Purpose: Restates the predicted answer and identifies any open questions or recommended next steps.

What to include: A short paragraph reaffirming the prediction, flagging any factual uncertainty ("if discovery reveals X, the analysis shifts"), and naming next steps if any.

Common mistake: Introducing new analysis or new authority in the conclusion. The conclusion summarizes; it doesn't argue.

CREAC — The Structure Inside the Discussion Section

The Discussion section is where the bulk of the writing happens. It uses CREAC: Conclusion, Rule, Explanation, Application, Conclusion. Each separate legal issue gets its own CREAC.

Conclusion (top): One sentence stating what you predict will happen on this issue.
Rule: The legal principle that governs, stated portably without case-specific facts. Cite authority.
Explanation: Background on the rule — caselaw applying or refining it, the policy behind it, any elements or sub-tests. This is where the supporting authority gets unpacked. Use case parentheticals or short synthesis paragraphs.
Application: Apply the rule to the client's facts. Address counterarguments. This is the longest section.
Conclusion (bottom): Restate the prediction in light of the analysis.

CREAC is the version of IRAC adapted for written legal analysis with a senior reader. For exam essays and case briefs, IRAC still works — leading with the conclusion isn't expected there. For memos and most legal writing assignments, CREAC is the standard.

For a full worked CREAC example (memo on a negligence claim), see our IRAC Example guide — Example 3, which walks through a complete CREAC memo from Conclusion through restated Conclusion.

Tone and Voice — What "Predictive" Sounds Like

Memo voice is plain, analytical, and confident. A few rules:

No advocacy language. Don't write "clearly", "obviously", "undoubtedly". If something is clear, the analysis will show it.
Use prediction language. "A court will likely hold...", "The most probable outcome is...", "The rule favors X, though Y is a viable counterargument".
Acknowledge weakness honestly. "The client's position is weakened by Fact X, but the rule still supports recovery because Z." Better than ignoring Fact X and being blindsided.
No emotional appeals. "The defendant behaved outrageously" belongs in a brief, not a memo.
Short sentences. Legal writing courses reward dense, concise prose. Three short sentences beat one long one.
No rhetorical questions. Make assertions, not questions.

Formatting Conventions

Font: Times New Roman or similar serif, 12 point. Double-spaced for academic memos; firms often use single-spaced with paragraph breaks.
Margins: 1-inch all sides.
Page numbers: Bottom center, starting from page 1.
Headers: Bold for major sections (QUESTION PRESENTED, BRIEF ANSWER, etc.). Within the Discussion, shorter subheaders for each legal issue.
Citations: Bluebook form. Most law schools and firms use the Bluebook 21st edition. State the rule and cite immediately after — don't batch cites at the end of paragraphs.
Case names: Italicized. Garratt v. Dailey, 46 Wash. 2d 197 (1955).

If you're writing for a specific firm or court, follow their style guide over generic conventions — many have their own preferences.

7 Mistakes That Get Junior Memos Flagged

1. Writing in persuasive voice

Treating the memo as a brief for the client. The partner needs the truth, including what cuts against your side. Advocacy language ("clearly", "obviously") and one-sided analysis is the #1 sign of an inexperienced memo writer.

2. Burying the prediction

The Brief Answer and the top Conclusion of each CREAC should state the prediction up front. Forcing the partner to scroll for the answer wastes their time and signals you don't know what you concluded.

3. Long block quotes from cases

Resist the urge. A 10-line block quote shows you found the case but didn't synthesize it. Paraphrase the rule and cite. Use short quoted phrases when the court's specific wording is important.

4. Stating rules without authority

Every rule statement should have a Bluebook cite. Unsupported assertions force the partner to re-research, which they hate. If you can't cite the rule, you don't have the rule — keep researching.

5. Skipping counterarguments

A memo that doesn't address the opposing party's best argument is incomplete. The partner needs to know what the other side will say. Walk through the counterargument, then explain why your prediction still holds (or why it doesn't).

6. Vague Question Presented

"Whether the defendant is liable" is not a Question Presented — it could apply to any case. Identify the jurisdiction, the legal claim, and the operative facts in one sentence so the reader knows immediately what the memo is about.

7. Including every fact your client mentioned

The Statement of Facts should include only legally significant facts — the ones that affect the analysis. Background details that don't matter to the rule belong in the file, not the memo. Use the same but-for filter you used for case briefs: if removing the fact wouldn't change the outcome, leave it out.

Frequently Asked Questions

What is a legal memo?+

A legal memo (also called an office memo or memorandum of law) is an internal document written by a junior attorney or law student that analyzes a legal question for a supervising attorney. It's predictive, not persuasive — the writer's job is to honestly evaluate how a court would rule, including the strongest arguments against the client's position. The standard structure is Question Presented, Brief Answer, Statement of Facts, Discussion (using CREAC), and Conclusion.

What is the difference between a legal memo and a legal brief?+

A legal memo is internal and predictive — written for a supervisor to plan strategy, it analyzes both sides honestly. A legal brief is external and persuasive — written for a court, it argues for one side. Memos use CREAC; persuasive briefs typically use CRAC and lead with the conclusion the writer wants the court to reach. The tone shifts too: a memo is analytical, a brief is advocacy.

How long should a legal memo be?+

It depends on the complexity. A simple memo on a single discrete issue is typically 3-5 pages. A complex memo covering multiple legal issues for a litigation matter can run 10-15 pages or more. In 1L legal writing courses, memo assignments typically range from 5-10 double-spaced pages. The right length is whatever fully analyzes the issues without padding.

What is CREAC and why do memos use it instead of IRAC?+

CREAC stands for Conclusion, Rule, Explanation, Application, Conclusion. It puts the conclusion at the top so a partner gets the answer immediately. The substance is identical to IRAC; the ordering is reader-focused. Memos use CREAC because the audience (busy supervising attorneys) needs to decide fast. Case briefs and exam essays use IRAC because withholding the conclusion has analytical value.

What tone should a legal memo use?+

Predictive and analytical, not persuasive. The memo should evaluate both sides honestly — including arguments that cut against the client. A predictive memo that omits unfavorable law or facts leads the partner to give bad advice. Write as if reporting findings to a colleague, not arguing a case. No advocacy language, no emotional appeal.

Should I cite every rule statement in a memo?+

Yes. Every rule statement should have authority cited in Bluebook form. The partner relies on the memo to make decisions and may use it to draft a brief; cites are how they verify the law. Unsupported rule statements are unprofessional and unusable.

How do I format the Question Presented?+

Use a 'whether' or 'under-does-when' format. Example: 'Under Washington tort law, can a five-year-old be liable for battery when he moved a chair while knowing the plaintiff would attempt to sit there?' Both formats identify jurisdiction, claim, and operative facts in one sentence.

Should a memo include counterarguments?+

Yes. The Application section should walk through the strongest arguments the other side would raise, then explain why the analysis still favors the predicted outcome (or why it doesn't). Ignoring counterarguments leaves the partner unprepared and signals incomplete research.

Write Your First Memo + Compare to Worked Examples

Legal Memo Template — copy the standard structure and fill in your facts. Free, no signup.
IRAC Example — 3 Worked IRACs — Example 3 is a full CREAC memo on a negligence claim. See what a complete memo looks like.
Legal Writing Examples — memo, motion brief, client letter, and exam essay excerpts. See the same legal analysis written in four different forms.
IRAC Method Explained — element-by-element guide to writing each section of IRAC and CREAC.
Interactive Case Brief Editor — for case briefing assignments (different document type, same underlying analysis skills).
Bluebook Citation Generator — format every citation in your memo correctly.