Writing an Office Memo Presented by Deputy Rector research and development THE FUNCTION OF AN OFFICE MEMO • An office memo is an internal working document. • It is not designed for outside readers, although clients and others might receive a copy if the need arises. • The function of an office memo is to answer a legal question, usually for a particular client/customer in a particular situation. • Often, it will be the primary basis for making a decision with both legal and nonlegal consequences. • Also, the firm might keep office memos for future use when a similar question arises again. • Therefore, your document could have a long life, impact many clients, and create impressions about you in the minds of many future readers. AN OVERVIEW OF THE MEMO FORMAT • The format of a memo is designed to fit its function and its reader’s needs. Because a memo is an internal document, Most of the firms are likely to have a preferred memo format but The components of a standard office memo are 1. Heading 2. Question Presented 3. Brief Answer 4. Fact Statement 5. Discussion 6. Conclusion (when appropriate) DRAFTING THE HEADING • The function of the heading is to identify the requesting office or person, the writer, the date, the client, and the particular issue. • Draft a heading in the format of standard business interoffice communications: To: ( The Name of the requesting office) From: (Your Office Name/Title) Date (13/02/2021) Re: (Include, client name, the file number and a phrase identifying particular issue) DRAFTING THE QUESTION PRESENTED • The Question Presented, sometimes called the “Issue,” states the question(s) you have been asked to analyze. I Format Option : Organize the content of the Question Presented in two sections: a statement of the legal question and a concise statement of the major relevant fact(s). Can . . . [state the legal question] . . . when . . . [state the major facts]? This format does not state the rule of law as part of the Question. Here is an example: Can Carrolton enforce the Watson covenant-not-to-compete when the covenant prohibits Watson from making sales contacts for three years and applies to the three counties closest to Carrolton’s headquarters DRAFTING THE BRIEF ANSWER • The Brief Answer gives your busy reader the answer quickly and right up front. Because Questions Presented come in several formats, their Brief Answers do as well. • Probably yes [forthright statement of the answer]. A covenant-not-to compete is enforceable under Georgia law if the activity restrained, the geographic area of the restraint, and the duration of the restraint are all reasonable [statement of the governing rule of law]. Several Georgia courts have held that covenants restraining sales contacts are nearly always reasonable as to the activity restrained. Georgia courts have DRAFTING THE FACT STATEMENT • In drafting the fact section, your primary tasks are (1) selecting which facts to include, (2) organizing those facts in an effective way, and (3) remembering your predictive role DRAFTING THE CONCLUSION • If your Discussion section is relatively short and clear and if your client or requesting person does not have a preference, you need not add a separate Conclusion section. A Conclusion section should not simply repeat the Brief Answer. However, if your analysis has been complex or multifaceted, a Conclusion section can tie together and summarize the Discussion. A Conclusion should include more detail than the Brief Answer but not as much as the Discussion. WRITING AN EMAIL MEMO • In modern law offices, email communication is replacing more traditional paper communication when time is short and issues are relatively simple. Even when issues are complex, an email summary can accompany a more traditional hard-copy memo, serving many of the same functions as the Brief Answer or Conclusion sections of the memo format. An email memo demands a careful balance of clarity and brevity. The content of an email memo will vary, depending on the situation, but the most common form will include very short versions of the same components typically included in a traditional memo. The COMMON TYPES OF INTERNAL EMAILS • In the past, the standard workhorse for inter and intra-office communication was the memorandum or memo. a memo is “a usually brief written message or report from one person or From: Hassan [hasanodawa0054@gmail.com] Sent: Sunday, February 13, 20 10:13 AM department in a company or organization to another To: Team Members Subject: Changes to Agenda Hi Everyone, Here are some additions to the agenda for our meeting on Thursday: •New software installation •Changes to protocol •Email monitoring policy If you have any additions, please let me know by the end of day tomorrow.
