The longest, and most important, part of the memo is the discussion section. This is the section in which the party’s argument is maintained, legal authority is cited, and conclusions of law are drawn. Finally, the last section in the memo is the conclusion, which summarizes the arguments contained within the memo.
The memorandum must include a legal argument and should contain legal citations that support the legal arguments being put forward in the memorandum. However, it should be noted that attorneys have an ethical duty to disclose any and all binding legal authority that is contrary to their position in their documents.
Occasionally, during trial, the court may ask for a memorandum on a particular legal issue. The courtroom, however, is not the only arena in which legal memoranda can be involved.
The top of the first page of a memorandum being submitted to the court should have the proper caption as required by the local rules of the court, followed by the proper title of the memorandum. It is always a good idea to start the memo with an introductory paragraph so that the court is instantly attuned to what issue the memorandum addresses.