What is the difference between a legal memo and a brief?

Asked by: Prof. Lavinia Carroll DDS  |  Last update: June 1, 2025
Score: 4.4/5 (68 votes)

A brief, on the other hand, is written to persuade the reader that one position on the issue is the correct one. Additionally, while a memo is written for another attorney or for a client, a brief is written for the judge(s) deciding your case and your opposing counsel.

What is the difference between a policy brief and a memo?

Ironically, however, a policy memo is typically shorter in length than a policy “brief.” A policy memo usually ranges from one to twenty-five pages, while a policy brief can be anywhere from twenty to more than a hundred pages in length depending on the complexity of the topic.

What is considered a legal brief?

The word "brief" has two general meanings in legal parlance. As a noun it can be the written argument a lawyer files with a court in support of his or her client's case. As a verb (as used here), "briefing the decision" means to prepare a short summary of the court's written decision in a case.

What is a legal memo?

A legal memorandum, or memo, is a legal document that summarizes one side's interpretation of a particular matter, including: Relevant case law and legal principles. Key facts. Potential case outcomes.

What is a memo brief?

What is a memo? A memo, short for memorandum, is a way to inform a group of people about a specific problem, solution, or event. A memo should be brief, straightforward, and easy to read. It informs recipients and provides an action plan with specific next steps.

What Are the Different Parts of a Legal Memo

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Are briefs and memos the same thing?

A brief, on the other hand, is written to persuade the reader that one position on the issue is the correct one. Additionally, while a memo is written for another attorney or for a client, a brief is written for the judge(s) deciding your case and your opposing counsel.

Is a memorandum of law a brief?

A brief is often called a 'Memorandum of Law.

How long should a legal memo be?

This single issue memo may be as short as two or three pages. More typically, though, as a judicial clerk or law fellow, you will write longer full-case memos, which could even be fifty pages if there are comprehensive facts and multiple issues that the court needs to decide.

What is a brief answer in a legal memo?

A solid brief answer should contain two things: (1) your answer to the question(s) presented; and (2) several sentences that provide legally significant facts in support of your answer. The example below illustrates how these parts work together to form a cohesive and complete brief answer.

Is a memo a notice?

A memo, or memorandum, is a notice that communicates matters concerning the business, such as: Policy updates. Meeting or event reminders. Recognition of employee performance.

What is another word for legal brief?

Legal memoranda are sometimes called “briefs”. The word “brief”, however, has another meaning – it refers to a short synopsis of a case. Instead of reading a 25 page case, for example, many attorneys will ask their clerks (or their associates) to summarize a case – or to “brief” the case.

How long should a legal brief be?

(4) If a party uses a form brief approved for use by the Judicial Council, the brief, including any attachments, may not exceed 25 pages in length. Attachments must comply with the formatting requirements stated in (c)(1) through (c)(7).

Do lawyers write legal briefs?

In general, most lawyers write their own legal briefs, at least in a solo practice or small firm. In a law firm, particularly a large one, the lead partner will sign the brief, but more junior lawyers will typically have done the bulk of the research and writing.

What are the four parts of a legal brief?

A comprehensive brief includes the following elements:
  • Title and Citation.
  • Facts of the Case.
  • Issues.
  • Decisions (Holdings)
  • Reasoning (Rationale)
  • Separate Opinions.
  • Analysis.

What are the two major types of memo?

Memos are used for internal communications when the subject is somewhat complicated or if confidentiality is important. Common types of memos include: Directive memos, where instructions are given. Status or progress report memos, where you report on the status or progress of some project or event.

How long should a policy memo be?

Format A policy memo is usually the shortest type of assignment you'll be asked to write. 3-5 pages or 1000 words is typical, but it depends on the faculty member's requirements.

What is the difference between a memo and a brief?

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.

What is a brief in legal terms?

A brief is a written argument submitted to the court. Lawyers often prepare briefs which highlight and clarify certain information or provide legal comparisons in an attempt to persuade the courtroom to rule in favor of that lawyer's client.

How long is a brief memo?

"The format of a memo follows the general guidelines of business writing. A memo is usually a page or two long, should be single spaced and left justified. Instead of using indentations to show new paragraphs, skip a line between sentences. Business materials should be concise and easy to read.

What makes a bad memo?

One of the biggest mistakes when drafting memos is to write without a clear and specific purpose. A memo should have a clear subject line that summarizes the main message and indicates the expected response. The body of the memo should follow a logical structure that supports the purpose and provides relevant details.

How to write a legal brief?

Steps to briefing a case
  1. Select a useful case brief format. ...
  2. Use the right caption when naming the brief. ...
  3. Identify the case facts. ...
  4. Outline the procedural history. ...
  5. State the issues in question. ...
  6. State the holding in your words. ...
  7. Describe the court's rationale for each holding. ...
  8. Explain the final disposition.

Are legal memos justified?

For legal documents, some lawyers prefer justified text (also called “fully justified” text) and others prefer left-aligned text (also called “left-justified” text).

What is the purpose of a legal memo?

One final but important reminder: an office memorandum is a predictive statement of the law. You are not writing to persuade a court but to predict how a court would apply the law to the facts of your situation. Therefore, you need to maintain an objective tone, and remember to address any counterarguments.

Is a legal brief the same as a motion?

Brief: A written statement submitted to a court that explains a party's factual and legal arguments in support of a motion.

Can a memorandum be legally binding?

It is not legally enforceable like a contract. The key differences are that an MOU: (i) does not create legal obligations, (ii) lacks financial obligations, and (iii) relies on mutual cooperation for dispute resolution rather than legal remedies.