The Use of Memoranda in Legal Practice

Amy Goldenberg

Based in Closter, NJ, attorney Amy Goldenberg has served as a judicial law clerk at Essex Vicinage in Newark, NJ. In this role, Amy Goldenberg of Closter, NJ, conducted legal research and drafted opinions, briefs, and memoranda.

In the legal practice, memoranda are often used by courts and attorneys to present information in a concise format. Courts issue judicial memoranda as summarized decisions that detail court rulings and any orders given. However, they do not contain court opinions or explanations on the reasoning that guide judges in making their decisions.

Away from the bench, memoranda are used by attorneys to outline specific points as part of motions addressed to a court or as briefs to fellow attorneys. For example, a court may ask for a memorandum on a certain legal issue and the attorney will comply. A lawyer may also draft a legal memorandum for another attorney, informing them of a legal issue while citing legal authorities and, depending on the circumstances, pointing out ambiguities in the law. The other attorney may be the opposing counsel in a case or a colleague at their own firm.