Writing A Memorandum
Note: Links to our free templates are at the bottom of this long guide.
Also note: This is not legal advice
Introduction
Good legal advice is essential in any situation, whether you are starting a business, taking on a new property or tackling a complex litigation. Memorandums are an integral part of this advice; they provide sound direction, help share information and offer insight into the legal process. But what exactly is a memorandum and how can it be used to create an effective argument?
A memorandum – or “memo” – is a written document that communicates information to an organisation or group. It provides guidance and direction about an issue and also serves as an authoritative source for its readers. When used effectively, it can form the basis of persuasive legal arguments that have potential for considerable success in courtrooms across the world – but crafting such successful documents requires precision and care.
At Ƶ we understand the importance of writing good memorandums – which is why have developed the world’s largest open source library of legal templates. With our incredible dataset and community library at your disposal, anyone can create high quality legal documents without having to pay expensive lawyer fees!
But before you start drafting your own memorandum there are some key steps you should take into consideration: firstly, consider what your document’s purpose is - think about the facts at hand as well as your desired outcome; then research any relevant case law or other sources that could influence your argument; structure your argument logically with each point leading to the next; format properly so that it looks professional from front to back; double check accuracy by running through multiple proofreading passes.
To get started now with crafting high quality memorandums for all types of situations, follow our step-by-step guidance below and access our template library today!
Definitions
Memorandum: A written document used to communicate information within a business or organization.
Audience: The group of people the memorandum is being written for.
Purpose: The reason why the memorandum is being written.
Format: The type of document the memorandum is written in (e.g. letter, email, report).
Jargon: Technical language used within a particular group or profession.
Concise: Writing or speaking in a way that uses the fewest possible words while still conveying the intended meaning.
Proofread: Reading a document to check for typos, errors, and clarity.
Distribution: The process of disseminating information to a specific group of people.
Contents
- Understanding the purpose of a memorandum
- Researching the definition
- Analyzing examples
- Knowing the audience and purpose of the memorandum
- Identifying the audience
- Establishing the purpose
- Gathering the necessary information
- Collecting relevant data
- Compiling the data
- Structuring the memorandum
- Determining an appropriate format
- Outlining the main points
- Writing the body of the memorandum
- Introducing the topic
- Using concise language
- Supporting points with evidence
- Creating an appropriate conclusion
- Proofreading the memorandum
- Reading for typos and errors
- Checking for clarity
- Finalizing the memorandum
- Ensuring that all elements are included
- Adding appropriate formatting
- Tips to remember when writing a memorandum
- Use direct language
- Be sure to proofread
- Keep it concise
- Use an appropriate tone
- Utilize relevant evidence
- Review the memorandum
- Ensuring that all points are addressed
- Checking that the purpose is fulfilled
- Distribution of the memorandum
- Deciding on the appropriate channels
- Sending the memorandum
Get started
Understanding the purpose of a memorandum
- Understand that a memorandum is a brief written document that is used to communicate information within an organization.
- Know that a memorandum typically includes information such as facts, policies, or procedures related to a particular topic.
- Recognize that memos can be used to provide important details related to a variety of topics, such as personnel changes, meeting summaries, or project updates.
- Determine the purpose of your memorandum. Is it to provide information, to ask for clarification, or to communicate a decision?
- When you have a clear understanding of the purpose of your memorandum, you can move on to the next step.
Researching the definition
- Look up the definition of a memorandum in a dictionary
- Read articles, blog posts, and other sources to get a better understanding of what a memorandum is and how it can be used
- Understand the purpose and structure of a memorandum
- Familiarize yourself with the different types of memorandums
- When you feel confident that you understand the definition of a memorandum, then you can check this step off your list and move on to analyzing examples.
Analyzing examples
- Review examples of memorandums in your field
- Look for common formats, structure, and content
- Take note of the purpose of each memo and the audience it was addressing
- Identify any differences in the structure and content of the memos
- Compare the memos to the definition of a memorandum that you researched in the previous step
- When you have a good understanding of the format, structure, and content of the memo, you can check off this step and move on to the next step.
Knowing the audience and purpose of the memorandum
- Understand the purpose of the memorandum and the target audience
- Consider the context of the memorandum and how the audience will receive it
- Decide on the most appropriate language, style and tone to use when addressing the audience
- Identify the key points you want to make and the information you want to include
When you can check this off your list and move on to the next step:
- When you have identified the purpose and audience of the memorandum and have decided on the most appropriate language, style and tone to use.
Identifying the audience
- Research who will be receiving the memorandum
- Take into account the recipient’s rank, job title, and any other pertinent information
- Make sure the memorandum is formatted and addressed correctly
- Check the memorandum is being sent to the right people
Once you have identified the audience, you can move onto the next step of establishing the purpose.
Establishing the purpose
- Identify the context and purpose of the memo
- Identify the action item or decision that needs to be made
- Establish clear objectives and goals
- Outline any relevant information that is necessary for the reader
- Once the purpose of the memo is established, you can move on to the next step of gathering the necessary information.
Gathering the necessary information
- Make a list of the people or groups who need to be included in the memorandum
- Identify the specific information that needs to be included in the memo
- Research the data relevant to the memo and ensure its accuracy
- When you have all the necessary information and have verified its accuracy, you can move on to the next step of writing the memorandum.
Collecting relevant data
- Identify the data you need to collect from the sources that you have gathered in the previous step
- Research the data and collect it from the sources
- Create a list or spreadsheet with the relevant data that you have collected
- Double check the data to make sure that it is accurate
- Once you have completed the research and collected all the relevant data, you can check off this step and move onto compiling the data.
Compiling the data
- Gather research, facts, and relevant data collected in the previous step
- Sort and organize the data into categories based on their relevance to the memorandum
- Make sure that all data is accurate and up-to-date
- When you have all the data compiled, organized and checked for accuracy, move on to the next step of structuring the memorandum
Structuring the memorandum
- Identify the purpose of the memorandum
- Outline the key points that need to be covered
- Select the type of memorandum format to use (full block, modified block, or semi-block)
- Write the heading of the memorandum, which includes the sender’s address, date and the recipient’s address
- Compose the body of the memorandum, ensuring it is clear and concise
- Include any relevant attachments
- Create a conclusion that summarizes the main points and any additional information
When you can check this off your list and move on to the next step:
- Once you have outlined the key points and drafted the body of the memorandum, you can move on to determining an appropriate format.
Determining an appropriate format
- Decide on the type of memorandum that you need to write. Options include a general memorandum, a policy memorandum or a legal memorandum.
- Choose the memorandum format that best suits your needs, such as a single-spaced memorandum, a block-style memorandum or a modified block-style memorandum.
- Select a font, such as Times New Roman, Arial or Calibri, and a font size, such as 12 point.
- When you have determined the format for your memorandum, you can check off this step and move on to outlining the main points.
Outlining the main points
- List out the main points of the memorandum
- Ensure that the main points are relevant to the audience
- Make sure to use correct terminology and language for the memorandum
- When you have your main points listed out, you can check this step off your list and move onto the next step.
Writing the body of the memorandum
- Create an introductory paragraph that outlines the purpose of the memorandum
- Develop the body of the memorandum, which should include the main points you outlined in the previous step
- Ensure that each main point is explained in detail and supported with evidence
- Make sure to provide a conclusion that summarizes the main points of the memorandum
- Ensure the memorandum has a professional tone
- Once you have completed writing the body of the memorandum, you can move on to introducing the topic in the next step.
Introducing the topic
- Begin by introducing the main purpose of the memorandum
- Provide a short, descriptive title for the memorandum
- Introduce any background information that is necessary for the reader to understand the main purpose
- Preview the main points of the memorandum
- When you have written a few sentences introducing the topic, you can move on to the next step.
Using concise language
- Identify the key points of the memo to ensure the message is concise
- Stick to the point, providing only the necessary information
- Use language that is clear, concise and easy to understand
- Eliminate redundant words and phrases
- Check the length of the memo against the guidelines given
- Check the tone and clarity of the message
- When you are satisfied with the conciseness of the memo, you can check this step off and move on to supporting points with evidence.
Supporting points with evidence
- Provide evidence for each point by citing reliable sources.
- Use facts and statistics to back up the points you are making.
- Incorporate quotes from experts in the field for additional support.
- Ensure the evidence you provide is relevant to the points you are making.
- Double-check that the evidence you provide is accurate and up-to-date.
When you are done, you’ll have a memorandum with evidence to support your points.
Creating an appropriate conclusion
- Review the main points of the memorandum
- Summarize the purpose of the memorandum in one or two sentences
- Use formal language that is concise and clear
- Check that the conclusion reinforces the purpose of the memorandum
- Make sure the conclusion is appropriate for the audience
- When finished, proofread the memorandum for any errors or typos
- Once you have checked for any errors or typos, you can move on to the next step of proofreading the memorandum.
Proofreading the memorandum
- Check the memorandum for typos and errors
- Read through the memorandum to make sure it is easily understandable
- Ensure that all the facts and figures mentioned in the memorandum are correct
- Make sure the language used is appropriate
- Look out for any spelling or grammatical mistakes
- Once you have gone through the memorandum, you can be sure that it is free from any typos and errors and can be sent out.
Reading for typos and errors
- Carefully review the memorandum for any typos, spelling or grammar mistakes
- Use a spell checker and read the memorandum out loud to check for any errors
- Ask a colleague to read through the memorandum to get a second opinion
- When you are satisfied that there are no typos or mistakes, you can move on to checking the clarity of the memorandum.
Checking for clarity
• Review the memorandum to make sure it is clear and concise.
• Verify that the language used is appropriate for the intended audience.
• Ensure that the message you are trying to convey is clear and easily understood.
• You can check this off your list when you are confident that the memorandum is clear and there is no room for confusion or misinterpretation.
Finalizing the memorandum
- Review the memorandum for accuracy and completeness
- Check that all necessary elements have been included, such as the TO, FROM, and DATE lines, the body of the memorandum, the footer, and any attachments
- Have a second person review the memorandum to ensure clarity and accuracy
- Once you have verified accuracy and clarity, the memorandum is ready to be sent
Ensuring that all elements are included
- Check that the memorandum includes the date, to, from, subject and message body
- Check that the memorandum includes the purpose of the memo and any necessary background information
- Check that the memorandum includes the expected action or response from the reader (if applicable)
- Check that the memorandum includes any accompanying documentation or references
- Once all elements have been included, check that the memorandum is concise and clear
- Once all elements have been included, check that the memorandum is free of any errors
- Once all of these items have been checked off the list, you can move on to the next step of adding appropriate formatting
Adding appropriate formatting
- Use 12pt font size
- Align all text to the left
- Double space all text
- Include a header with “MEMORANDUM” at the top
- Include the date, the sender, the recipient, and the subject
- Make sure the memo is visually appealing and easy to read
- Add a footer with the sender’s name, title, and contact information
Once you have included all the appropriate formatting, you can move on to the next step.
Tips to remember when writing a memorandum
- Use a clear, concise, and direct language in your memorandum
- Avoid using long sentences and complicated words
- Make sure your memorandum is organized and easy to follow
- Use professional language to make a positive impression
- Have a clear purpose for writing the memorandum
- Double-check your grammar and spelling before submitting
Once you have followed these tips, you can move on to the next step of adding appropriate formatting to your memorandum.
Use direct language
- Use direct language that is as concise and clear as possible
- Avoid using long, complex sentences or jargon
- Avoid using phrases that could be interpreted differently
- When necessary, use bullet points or lists to make it easier to read
- When you are satisfied with the directness of your language, you can check this step off your list and move on to the next step.
Be sure to proofread
- Carefully read through the entire memorandum
- Check for typos, spelling errors, and grammar mistakes
- Ensure that all information is accurate, consistent, and up-to-date
- Make sure that the memorandum’s formatting and layout are correct
- When you are satisfied with the accuracy of the memorandum, you can move on to the next step
Keep it concise
- Make sure your memorandum is clear and concise.
- Avoid long sentences and overly-complex language.
- Keep in mind the purpose of the memorandum and the audience it is intended for.
- Remove any unnecessary words or information.
- When you are done, read it through once more to make sure it is clear and concise.
Once you have finished making sure the memorandum is concise, you can move on to the next step.
Use an appropriate tone
- Make sure your tone is formal and professional to ensure that your message is taken seriously
- Be polite and respectful, even if you’re relaying something unpleasant
- Avoid using any informal language or slang
- When in doubt, err on the side of caution and use a more formal tone
- When you’re finished writing, review your memorandum to make sure your tone is appropriate
- When you’re confident that your tone is appropriate, you can check this step off your list and move on to the next step.
Utilize relevant evidence
- Carefully consider which evidence would be most relevant to the memorandum
- Identify the evidence that is most likely to support your argument and include it
- Make sure that the evidence is up-to-date and accurate
- Cite the evidence you use in the memorandum, so that the reader can verify it
- When you have included all the relevant evidence, you can move on to the next step: review the memorandum.
Review the memorandum
- Read through the memorandum to ensure that all points are addressed
- Check to see if the memorandum is complete and there is nothing missing
- Make sure that the memorandum is written in a clear and concise manner
- Check for any grammar, spelling, and punctuation errors
- When you are satisfied that the memorandum is complete and error-free, you can move on to the next step.
Ensuring that all points are addressed
- Ensure that all points discussed in the memorandum are addressed.
- Check that all questions asked in the memorandum are answered.
- Review the memorandum to ensure that all topics discussed are covered.
- Make sure all points raised in the memorandum are addressed.
Once you are sure that all points are addressed and all questions are answered, you can move on to checking that the purpose of the memorandum is fulfilled.
Checking that the purpose is fulfilled
- Read the memorandum to ensure that the purpose of the document has been fulfilled
- Make sure that all the necessary points have been included and the tone is appropriate
- Re-read the memorandum to make sure that the purpose has been addressed and all the necessary information has been included
- Ask a colleague to read the memorandum to get a second opinion
- When you are satisfied that the purpose has been fulfilled and all the necessary information has been included, you can move on to the next step: Distribution of the memorandum.
Distribution of the memorandum
- Decide who needs to receive the memorandum and make a distribution list
- Use the appropriate channels to send the memorandum to the intended parties. This could include emailing, printing copies, or distributing a physical copy
- Make sure to keep track of who has received the memorandum to ensure it has reached the intended parties
- Once you have successfully sent the memorandum to all the intended parties, you have completed this step and can move on to the next step in the guide.
Deciding on the appropriate channels
- Identify the channels (e.g., email, paper, etc.) that should receive the memorandum
- Consider the audience, whether they can access the channels, and the message’s importance when deciding on the appropriate channels
- Draft the memo with the channels in mind
- When you are confident in the channels you have chosen, you can move on to the next step of sending the memorandum.
Sending the memorandum
- Check the memorandum for accuracy and completeness before sending it out
- Determine the appropriate channels to send the memorandum (e.g. email, hard copy, etc.)
- Send the memorandum to the intended recipients
- Keep a copy of the memorandum for your records
- When you have sent out the memorandum, check off this step from your list and move on to the next step.
FAQ
Q: What are the main differences between UK and USA private equity laws?
Asked by Logan on 22nd March 2022.
A: The main differences between UK and USA private equity laws lie in the regulations governing their respective markets. In the USA, private equity is subject to both federal and state regulations. The Securities and Exchange Commission (SEC) regulates private equity deals on a federal level, while individual states are responsible for regulating the flow of investments within their borders. In the UK, private equity is regulated by the Financial Conduct Authority (FCA). Unlike in the USA, there is no state-level regulation for private equity deals in the UK.
The other major difference between US and UK private equity regulations relates to taxation. In the US, private equity firms are subject to corporate taxes at both state and federal levels. In contrast, in the UK, private equity firms are exempt from most taxes, including capital gains tax, corporate tax and dividend tax. This makes UK private equity an attractive option for investors seeking to minimise their tax liability.
Q: How does private equity differ from venture capital?
Asked by Emma on 24th April 2022.
A: Private equity and venture capital are both forms of investment aimed at providing capital to businesses in exchange for an ownership stake in those companies. However, there are some key differences between them.
The main difference between venture capital and private equity is that venture capital tends to focus on investing in early-stage companies with high potential for growth, while private equity typically invests in more established companies that may be underperforming or looking to expand their operations. Venture capital investments tend to be more risky than those made by private equity firms as they are usually based on untested business models or yet-to-be-proven technologies. Private equity firms also tend to take a more hands-on approach when it comes to managing their investments, often providing advice and resources to help businesses reach their goals.
Q: What type of business models are best suited for private equity investment?
Asked by Joshua on 10th May 2022.
A: Private equity firms typically look for businesses with clear potential for growth and profitability over the long-term. This means that businesses with established markets and customer bases, as well as those with innovative products or services that have demonstrated success in the past, are often attractive targets for private equity investment. Businesses operating in sectors such as technology, healthcare, media/entertainment and consumer goods are often particularly attractive to private equity firms due to their potential for long-term growth and profitability. Additionally, businesses with strong management teams that can demonstrate a clear plan for growth often find favour with potential investors as these companies can provide a more secure return on investment over time.
Example dispute
Lawsuits referencing Memorandum
- The plaintiff must show that the memorandum was an enforceable agreement between the parties, and that they have been injured by the breach of that agreement.
- They must also provide evidence of the memorandum’s existence and its terms, as well as that they have suffered damages due to the breach of the agreement.
- Depending on the specifics of the memorandum and the damages the plaintiff has suffered, the plaintiff may be able to collect damages in the form of either compensatory damages, which are meant to restore the plaintiff to the position they were in prior to the breach, or punitive damages, which are meant to punish the defendant for their negligent or intentional actions.
- When raising the lawsuit, the plaintiff should include the memorandum, as well as any evidence to support their claims of damages, such as medical bills, lost wages, or property damage.
- During the settlement process, the parties should discuss the terms of the memorandum and how the breach has impacted the plaintiff.
- If damages are awarded, the court will typically use the terms of the memorandum to calculate the damages owed to the plaintiff.
- If the court finds that the memorandum was an enforceable agreement, the plaintiff is likely to win the lawsuit and receive damages.
Templates available (free to use)
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