A legal memorandum (often "legal memo") is a structured written document that analyzes a legal question by applying relevant law to a specific set of facts. In professional practice, memos are the workhorse deliverable junior lawyers, law clerks, and policy researchers produce for partners, judges, or principals who need a clear answer—and the reasoning behind it—before making a decision.
Most legal memos follow a recognizable internal structure, commonly taught as IRAC (Issue, Rule, Application, Conclusion) or its variants (CREAC, FIRAC). A typical memo contains:
- A heading identifying author, recipient, date, and subject matter
- A short question presented framing the legal issue
- A brief answer giving the bottom line
- A statement of facts relevant to the analysis
- A discussion section working through controlling authority, persuasive authority, counterarguments, and application to the facts
- A conclusion with recommended next steps
Memos are generally classified as either objective (sometimes called "office memos") or persuasive. Objective memos give an honest, balanced assessment—including weaknesses in the client's position—so decision-makers can act with full information. Persuasive memos, by contrast, are advocacy documents written to convince a court or counterparty, and overlap with briefs and position papers.
In the international and intergovernmental context, legal memoranda are produced by bodies such as the UN Office of Legal Affairs, the legal services of the European Commission and Council, foreign ministries, and NGOs like the International Committee of the Red Cross. These memos interpret treaty obligations, customary international law, Security Council mandates, or domestic implementing legislation. They are frequently cited in diplomatic correspondence and occasionally leaked or declassified, becoming primary sources for researchers.
For Model UN delegates and IR students, understanding the memo format is useful both for reading government legal positions critically and for drafting policy analyses that mirror the rigor expected in professional research environments.
Example
In 2002, the US Department of Justice Office of Legal Counsel produced internal memoranda—later known as the "Torture Memos"—advising the Bush administration on the legal limits of interrogation techniques.
Frequently asked questions
An objective memo gives a balanced internal assessment, including weaknesses; a persuasive memo argues a position to convince a court, counterparty, or external audience.
Keep learning