How to Write a Legal Memorandum in the Philippines (with Sample Format & Tips)

Writing a legal memorandum in the Philippines follows a specific format recognized in law school, law firms, and government offices. Whether you’re a law student or practicing lawyer, mastering this skill is key to presenting your ability to analyze legal issues and legal research skills.

A well-written memorandum simplifies complex cases, organize legal research, and present clear arguments, making them an essential skill in any Filipino lawyer’s toolkit. In this article, we’ll walk you through how to write a legal memorandum using the 2025 format, complete with practical examples and best practices tailored to the Philippine legal system.

Stick with this article for tips to make drafting memos easier and more effective.

What is a legal memorandum

A legal memorandum is a formal document written and used for analyzing a specific legal issue. Legal memoranda are usually formatted similar to how letters or electronic mails are formed. In the Philippines, it’s often required in law school exercises, client advisories, and internal law firm reports.

These are typically used by lawyers responding to their clients’ problems as well as law students who are complying with course requirements and moot court briefings.

Why is a Legal Memorandum Important?

As mentioned, legal memoranda help clients understand typically complex legal concepts through their chosen lawyers. Its organized format helps them navigate through the different aspects of the problem. Other important features legal memoranda can offer are as follows:

Saves Time

Since this is a written document that can be sent digitally, lawyers and clients no longer have to meet physically for minor legal issues. Instead, lawyers can opt to share a link or a downloadable file of their drafted legal memoranda responding to their client’s query. This allows both parties to go on with their lives and avoid having to agree on a common schedule for a legal advice meeting.

Supports Decision-Making

Legal memorandum contains outlined answers to your legal queries and as such, they can be applied to real-life world problems through critical thinking and analysis. Because of this, an informed decision based on the legal memorandum can be made, effectively minimizing the risk of violating or neglecting an existing law.

Ensures Legal Compliance

Aside from legal issues, a legal memorandum can also contain updated provisions on registration requirements for business entities. For instance, you can ask your lawyer for the latest Securities and Exchange Commission (SEC) issuances so that you can avoid accidentally ignoring legal requirements.

Minimizes Hesitance to Seek Legal Help

Since legal memoranda are written and sent digitally, clients seeking for legal advice would no longer have to resort to unprofessional resources online. Hesitance to seek legal help face-to-face can now be significantly reduced.

Legal Memorandum Format and Structure

Since legal memorandum drafting is one of the major tasks done by lawyers, having a format in mind for each time you need it cuts down your work time by a huge percentage. Here’s the standard legal memorandum structure in the Philippines:

1. Heading/Caption

Start with a heading including the following important information

To: Recipient (name of client)
From: Atty./Ms/Mr (your name)
Date: (Date of Preparation)
Re: (Topic or legal issue)

2. Facts of the Issue

Start the body of the legal memorandum with a brief rundown of important facts as narrated by your client when he/she relayed the legal problem to you.

Remember to only put in the facts that contribute or are related to the problem such as who are the parties, what gave rise to the problem, or when did the conflict start to occur.

3. Legal Basis (Rule)

Through a brief 1 paragraph answer, include all your pertinent legal resources links. You have the option to put them as footnotes for ease of reference for your client.

Start your legal basis portion with words such as “pursuant to (pertinent legal provision)”, or “according to the ruling in (case law)”.

4. Discussion / Analysis

What you should write next is the application of the legal bases you found through the ALAC method. Make sure to callback to the issue’s pertinent facts so that your client no longer has to scroll up and recall what information you were pertaining to.

5. Conclusion/Recommendation

Lastly, you can suggest your client’s next legal moves to avert their issue. Make sure that your suggestions are in line with law and public policy. To help with legal compliance, always consult your companion legal AI tools such as Digest AI.

💡 Tip: Use the IRAC or ALAC method (Issue, Rule, Application, Conclusion) to structure your Discussion section logically

Legal Memorandum Example (Philippines)

Now that you know the basic parts of a legal memorandum, below is an example of such to guide you in your future writings. Below is a sample of legal memorandum following the Philippine Standard Format:

In drafting your first (may it be the second or 50th), remember the following:

Use neutral tone when narrating your client’s declared facts
Always cite good law in supporting your claims
Have a link ready of your legal bases in case your client can’t access them on their own.
Double check your memorandum for minor formal errors
Format in a formal manner (i.e. use consistent fonts, avoid using colors/unnecessary visuals)

Common Mistakes to Avoid When Writing a Legal Memorandum

To effectively help your client with their legal needs, take note of the following oversights:

Too Complicated Answer

Remember that your recipient is a person not trained in the legal field and is not familiar with legal jargon. If you cannot avoid using complicated terms used in law, don’t forget to include a brief definition of such in your legal memorandum

For instance, if you cannot avoid using the term prima facie, phrase your answer as “prima facie evidence or a fact that may be true at first instance”.

Outdated Legal Basis

With the variety of legal sources out there, it is difficult to see if your legal bases are up-to-date. To solve this, consult digest databases such as Digest PH who offers good law citations and links so that you yourself can double-check your resources.

Poor Organization

A legal memorandum should be formatted in such a manner that encourages quick reference. Make use of headings and bold/underlined formats so that your client can easily see what you want to emphasize in your document.

Legal Memorandum vs. Memorandum of Law

You might get confused with the differences between legal memorandum and memorandum of law. While both are forms of legal writing, they differ in purpose, tone, and audience. To avoid this, refer to the consolidated table below:

Category	Legal Memorandum	Memorandum of Law or Legal Brief
Purpose	Lend professional legal analysis to client’s problems	Seeks to persuade the Court on your client’s cause
Recipient	Client or non-professional individual	Court or judges
Tone Used	Analytical	Persuasive
Used In	Legal Advice Settings	Court Pleadings

A legal memorandum, as mentioned, is typically formatted to provide clients with quick legal research responses to their queries. It simply serves as a legal advise which analyses the facts at hand.

A memorandum of law or a legal brief on the other hand, seeks to persuade the Court to rule in favor of one’s client.

Key Takeaways

A legal memorandum is a formal document that helps lawyers analyze a specific legal issue and provide organized, clear guidance to clients.
Drafting a legal memorandum saves time by allowing lawyers and clients to communicate digitally, reduce hesitance to seek legal help, and provide legal research points that minimize the risk of legal violations.
A proper legal memorandum includes: heading/caption (To, From, Date, Re), brief facts of the issue, legal basis, discussion/analysis, and conclusion/recommendation for your client.
Tips to follow in writing a formal legal memorandum are: use a neutral tone when presenting facts, cite current and relevant legal authorities, provide accessible links to sources, check for formal errors, and maintain consistent formatting to make the memo professional.
Some common mistakes to avoid include using too much legal jargon, outdated legal citations, and poor organization.

FAQs

What is a legal memorandum in the Philippines?

A legal memorandum is a formal document written and used for analyzing a specific legal issue.

How to make a legal memorandum?

Start with a proper legal memorandum with heading/caption (To, From, Date, Re), brief facts of the issue, legal basis, discussion/analysis, and conclusion/recommendation for your client.

What is the purpose of a memorandum?

A memorandum helps break down complex cases, organize legal research, and present clear arguments.

Is a memorandum legally binding?

No, unlike jurisprudence, legal memoranda only seek to consolidate available legal information and relay the same to your clients. It does not count as binding precedent.

Conclusion

Writing a strong legal memorandum is a valuable skill that continues to improve with practice and the right resources. Drafting a clear and practical legal memorandum that combines thorough research, proper format, and precise analysis will be key in the Philippine legal field in 2025.

To stay ahead, regularly consult reliable sources, such as Supreme Court decisions, and explore free legal case digests to support your arguments with solid precedent.