Make your memorandum accessible and easy to navigate for the assigning lawyer—and maybe a client. Without overdoing it, divide your Discussion into headings, using words similar to those used to form your Question(s):
The Two Ways Richey Can Force an Election
If logical, divide the headings into sub-headings:
- Suing under §211 of Delaware General Corporate Law
- Obtaining Written Consent from a Majority of Stockholders
Finish your Advisory Memorandum with the Conclusion, which summarizes your findings, analysis, and suggestions. The Conclusion is considerably longer and far more nuanced than the Short Answers. Include the support for your decisions:
Although Tag Richey can easily force a proxy fight, several factors will probably prevent him from doing so, at least within the narrow time frame the Chancery Court is likely to give him. The most important factor is . . . .
Next week, in Part 5 of the WordRake series How to Write the Perfect Memorandum, we will explore the Issue Memorandum, the quintessential legal memo that presents facts as a story, determines the issues that arise from those facts, and assesses the strength of pursuing or defending the case.
About the Author
Gary Kinder has taught over 1,000 writing programs for the American Bar Association, the Social Security Administration, PG&E, Kraft, Microsoft, and law firms like Jones Day, Sidley, and WilmerHale. His critically-acclaimed Ship of Gold in the Deep Blue Sea hit #7 on the New York Times Bestsellers List.