Legal briefs and legal memorandums are essential documents in any legal case. Though they are very similar, they serve very different purposes. Many are confused by these documents and believe that they are interchangeable, but that’s not true. Below, we’ll discuss the characteristics of each, when to use them, who to write them for, and what information to include.
Legal Brief
A legal brief is a short, concise document that is used in a court case to make an argument for one specific party. This document will outline the main points of the case and why a judge should agree with that side’s argument.
When to Use It
Legal briefs are used to persuade an audience. Lawyers will write briefs to dissect the case and the applicable laws in such a way that the reader will be convinced that their argument is correct.
It’s a bit biased. It will emphasize the arguments that help you, the lawyer, win the case and work to dismantle or minimize the impact of the arguments that would result in a loss. This brief will be read by many people in the court, so use it to your advantage. Use it to summarize your strongest points so that readers can easily be reminded why your argument is correct.
Your argument, of course, needs to be backed by facts and law. Be sure to use this brief to describe the laws that you believe are applicable to the case. State the truth of the laws, break down why they matter in this context, and discuss how they support your argument.
Who It Is For
Legal briefs are read by judges, their clerks, the opposing counsel, and your client. Ultimately, it’s meant to help the judge make a decision on the case. When you write the legal brief, write with the judge in mind as your main audience.
What It Includes
Your legal brief should include an issue statement, a summary of the argument, a standard of review, a statement of the case, a statement of the facts, your argument, and a conclusion.
Issue Statement: Describe the issue, the facts, and any relevant laws in a persuasive way that points to a specific result.
Summary of Argument: Outline your main arguments briefly.
Standard of Review: Describe the amount of deference that the court must give to a lower court’s decision.
Statement of the Case: Outline the history and nature of the case and proceedings.
Statement of the Facts: Describe the facts of the case from your client’s perspective in a way that will invoke sympathy.
Your Argument: This is the main part of the brief and includes your interpretation, analysis, and application of the law.
Conclusion: Write a call to action of what you want the court to do. Be specific and concise.
Legal Memorandum
A legal memorandum is an informative, polished document that contains the results of your legal research. It is more focused on facts and objectivity of the case and the applicable laws. It creates a foundation for discussion of the case, typically between you and other lawyers in your firm or organization.
When to Use It
Lawyers use legal memorandums to help create a strategy for winning the case. These memorandums are used early on. They are read internally and are not seen by judges or opposing counsels. They are for the lawyer, their client, and any other lawyers who may be involved in the creation of the legal strategy.
The memorandum should provide answers about the potential outcome of the case so that all involved may prepare accordingly. It will also discuss the laws that are being used to support the case and describe how those laws apply.
Who It Is For
Legal memorandums are read by other lawyers in a firm or organization. They are used to help you strategize and create a plan of action for your case. It is also read by your client so that they can have a thorough understanding of what the case will include. Because it is used to set the groundwork for the case, it is very honest and objective. It includes a summary of both sides of the case and the strengths and weaknesses of each side’s argument.
What It Includes
Your legal memorandum should include the questions presented, brief answers, a statement of facts, discussion, and a conclusion. To help you format your legal memorandum, read the brief descriptions of each section below or look at a legal memorandum sample.
Questions Presented: State which legal questions your memorandum will answer.
Brief Answers: Give short answers to any and all of the questions presented in the case. No formal citations are required, but you should provide the legal basis for these answers.
Statement of Facts: Describe any legally significant facts that will be referenced in the discussion section. Include a summary of the history of the case.
Discussion: Provide objective answers to questions presented and outline the strengths and weaknesses of the case. Include citations and quotes here.
Conclusion: Summarize your analysis and findings, then recommend a legal strategy. This includes official advice for your client.
The Difference
To summarize, the legal brief is used in the courtroom to persuade the judge to agree with your case. It is more biased toward your argument and lays out the laws and facts in a way that should compel the judge to rule in your favor.
A legal memorandum is less biased than the brief. Instead of focusing on one side of the case, it lays out the facts for both sides. The legal memorandum is put into use before the legal brief and is used internally among lawyers in the same firm. Based on this memorandum, lawyers will create their legal strategy. Because it is only for the use of lawyers and their clients, it is more honest about the strengths and weaknesses of all arguments.
While legal briefs and legal memorandums contain similar information, their uses are very different. It is crucial to have a strong understanding of each document and its purpose so that you can get the best results from your legal strategies.