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Office Memo Checker: Question Presented, Brief Answer, Discussion and Conclusion

An office memo is an objective, predictive document that tells a supervising lawyer how a court would probably rule. The standard parts are the Question Presented (the issue, naming the law and the key facts, in a single question), the Brief Answer (a direct answer, such as ‘Probably not’, with the main reasons), the Statement of Facts (the legally significant facts, including unfavourable ones), the Discussion (the rule with its authority, its application to the facts, and the strongest counterargument) and the Conclusion (the answer with a level of confidence and next steps). The tone is measured: a memo that sounds like a brief can mislead the reader about the risks.

Tool · Office Memo Checker

Your memo

QUESTION PRESENTED
Under the Rental Housing Act, section 12, is a landlord’s notice to end a tenancy for non-payment effective when the landlord told the tenant in the corridor that she had to leave and gave no written notice?

BRIEF ANSWER
Probably not. Section 12 requires written notice of fourteen days, and the landlord gave none. A court is likely to hold that the oral statement did not end the tenancy.

STATEMENT OF FACTS
Mr Aldous is the landlord of a flat let to Ms Brennan. In March he told her in the corridor that she had to leave because she was behind with the rent. He did not give her any written notice. She has stayed in the flat and has offered the arrears.

DISCUSSION
Section 12(1) requires a landlord to give written notice of at least fourteen days. Under Hilder v St Peter, a court will not treat an oral warning as written notice. Here, Mr Aldous gave no written notice. However, he may argue that the tenant had notice in fact, and that the purpose of the section was met. In Calloway v Pike, the court rejected a similar argument because the section protects tenants by requiring a record. The landlord’s argument is therefore weak.

CONCLUSION
The tenancy has probably not been validly ended. The landlord should give written notice before any further step.

The memo has all its parts and the main features of a good one.

✓ Question Presented✓ Brief Answer✓ Statement of Facts✓ Discussion✓ Conclusion

Standard sections: All five sections are present: Question Presented, Brief Answer, Statement of Facts, Discussion and Conclusion.

Question Presented: form: The question is posed as a question.

Question Presented: law and facts: A good question names the governing law, the legal issue and the legally significant facts, so that a reader knows what is being asked.

Question Presented: length: The question is short enough to read in one breath.

Brief Answer: starts with an answer: The brief answer begins with a direct answer.

Brief Answer: reasons: It gives a reason.

Brief Answer: length: The brief answer is brief.

Discussion: states the rule with authority: Authority is cited (2 references).

Discussion: applies the rule to the facts: The discussion applies the rule to the facts of the client’s case.

Discussion: counterargument: The discussion recognises the other side’s argument.

Discussion: objective tone: The tone is measured, with no advocacy words.

Discussion: length: The discussion is developed.

Conclusion: The conclusion gives an answer with a degree of confidence or a recommendation.

227 words, 3 citations found.

Paste a draft office memo, written on invented facts, with the five headings on their own lines (Question Presented, Brief Answer, Statement of Facts, Discussion, Conclusion). The checker tests the form of each part: a question that names law and facts, a brief answer that starts with an answer, a discussion that states a rule with authority, applies it, recognises the other side and keeps an objective tone. It cannot tell whether your analysis is right. Runs in your browser; nothing is stored or sent.

How to use it

Paste your memo with each heading on its own line.
Check which sections are present.
Read the findings on the form of each part.
Revise, and re-check.

Common questions

What is the difference between a memo and a brief?

A memo predicts how a court would rule and is objective; a brief argues for one side. A memo should include the weaknesses of your client’s position.

How long should the Brief Answer be?

A short paragraph: a direct answer, followed by the main reasons.

Does the checker tell me whether my analysis is right?

No. It checks form: sections, authority, application and tone. The correctness of the law is yours to check.

Learn the law behind the tool

This tool is part of our Legal Research and Writing course, with lectures, concept maps, flashcards, interactive exercises and a capstone case. Legal Research and Writing: Predictive Writing.

More free law tools

General information, simplified, mainly on American law, not legal advice. States and countries differ, and real cases turn on facts that a tool cannot capture.