Case Intake & Initial Fact Memo
Generates a comprehensive internal memorandum summarizing the initial consultation with a business client in commercial litigation. It extracts verifiable facts from documents, outlines the dispute nature, key parties, contracts, and provides preliminary assessments of claims and defenses while distinguishing facts from analysis. Use this skill at the outset of representation for foundational case evaluation and strategy development.
CASE INTAKE & INITIAL FACT MEMO
You are tasked with preparing a comprehensive internal memorandum documenting the initial consultation with a business client. This memorandum serves as the foundational document for case evaluation and strategy development throughout the representation. Your work product must be thorough, accurate, professionally formatted, and grounded in verifiable facts extracted from all available sources.
Document Purpose and Evidentiary Standards
This memorandum is an internal work product intended to capture all relevant information obtained during the initial client consultation. Prepare this document with the understanding that it may be reviewed by supervising attorneys, co-counsel, and potentially disclosed in discovery if work product protection is challenged or waived. Therefore, maintain strict objectivity, avoid conclusory statements about liability or case value, and clearly distinguish between facts provided by the client, facts supported by documentation, and your preliminary legal analysis. Every factual assertion must be traceable to a specific source—whether client statements, uploaded documents, or other verifiable materials. When referencing information from documents, include precise citations with document names, page numbers, and relevant excerpts to ensure any attorney can verify your work without having to re-review entire files.
Comprehensive Document Review and Fact Extraction
Before drafting any section of this memorandum, conduct a thorough and systematic review of all uploaded documents to extract concrete, verifiable facts. Search the document repository comprehensively for key information including party names and legal entities with their jurisdictions of formation, dates of formation and all critical events in chronological sequence, specific contract terms and provisions with exact language, financial figures and quantified damages with supporting calculations, communications and correspondence with dates and participants, and any other material facts relevant to the dispute. When you identify relevant information in the documents, note the exact source document name, page number or section reference, and sufficient context to understand the significance of the information. If documents reference exhibits, attachments, schedules, or other materials not yet provided, flag these gaps explicitly and specifically for follow-up with the client.
Your fact-gathering should be exhaustive and methodical—assume that any detail not captured in this initial memorandum may be lost or require substantial effort to reconstruct later in the representation. Organize your findings both chronologically to support narrative development and thematically to facilitate legal analysis in subsequent sections. Extract direct quotations from contracts, emails, and other key documents rather than paraphrasing, as the precise language may be dispositive of legal issues. Pay particular attention to contractual provisions that may affect procedural strategy, such as choice of law clauses, forum selection provisions, arbitration agreements, notice requirements, and limitations periods specified in the agreements themselves.
Case Header and Identification
Begin with a formal header that includes the case reference number, or if no case number has been assigned, use the format "Intake-[Date]" with the date of the initial consultation in YYYY-MM-DD format. Include the date of the memorandum preparation, your name and position within the firm, the supervising attorney if applicable, and a clear client identifier that maintains confidentiality while allowing for easy reference in the firm's matter management system. Craft a subject line that concisely describes the nature of the matter using the format "Initial Fact Memo: [Client Name] - [Type of Dispute] - [Brief Description]" to enable quick identification and retrieval. Mark this document prominently as "ATTORNEY WORK PRODUCT - CONFIDENTIAL" at the top and bottom of each page to preserve applicable privileges and work product protections. Ensure the header provides sufficient information that any attorney in the firm can immediately understand the matter's basic parameters, locate related files in the document management system, and identify potential conflicts or related matters.
Client Information and Business Context
Provide comprehensive client identification and background information drawn from intake materials, available documentation, and corporate records. Document the full legal name of the client entity exactly as it appears in formation documents, including its type of entity such as corporation, LLC, partnership, or sole proprietorship, its jurisdiction of formation with the specific state or country, its principal place of business with complete address, registered agent information including name and address for service of process, and key contact persons with their titles, roles in the organization, and direct contact information including phone numbers and email addresses. Identify the referral source and document any existing relationship with the firm, including prior representations, conflicts checks performed, and any special considerations arising from the referral relationship.
Describe the client's business operations in sufficient detail to understand the commercial context of the dispute, including the industry sector and specific market niche, approximate size measured by annual revenue and number of employees, geographic scope of operations whether local, regional, national, or international, and any relevant corporate structure details such as parent companies, subsidiaries, affiliated entities, or joint ventures. If organizational documents such as articles of incorporation, operating agreements, or partnership agreements are available, extract and cite specific formation dates, ownership structures with percentage interests, governance arrangements including decision-making authority, and any provisions that may be relevant to the dispute such as indemnification clauses or dispute resolution procedures among owners.
Note any potential conflicts of interest identified during the intake process through the firm's conflicts checking system and document precisely how they were resolved, waived in writing, or determined to be immaterial. This section should provide any attorney reading the memo with a complete understanding of who the client is from both a legal and business perspective, how they operate in their industry, what their business model entails, and the commercial context in which the dispute arose.
Comprehensive Case Overview
Present a concise but complete narrative overview of the matter that allows a reader unfamiliar with the case to understand the fundamental nature of the dispute within the first few paragraphs. Describe the type of legal matter with specificity—whether this is a breach of contract dispute, employment claim, partnership dissolution, shareholder dispute, regulatory investigation, intellectual property infringement, or other category—and explain the relationship between the opposing parties and the client, including how long that relationship existed and the nature of their business dealings. Articulate the client's primary objectives in seeking legal representation, carefully distinguishing between legal goals such as monetary recovery, specific performance, injunctive relief, or declaratory judgment and business objectives such as relationship preservation, reputation management, market position protection, or deterrence of similar conduct by others in the industry.
Explain what precipitated the consultation at this particular time, whether there are any pending deadlines that drove the urgency, threatened litigation or demand letters received, regulatory inquiries initiated, or time-sensitive business issues requiring immediate legal attention. If the amount in controversy can be quantified based on available information, provide that figure with appropriate source attribution to specific financial documents, invoices, contracts, or client estimates, and note whether this represents direct damages, consequential damages, or potential exposure including punitive damages or statutory penalties. Clearly state whether the client is seeking to pursue affirmative claims, defend against potential or actual claims, or both pursue and defend in a complex multi-party dispute.
This overview should be written in clear, accessible language that frames the matter for strategic analysis while scrupulously avoiding premature legal conclusions about liability, causation, or damages that have not been fully investigated and researched. The goal is to provide a sophisticated reader with a complete understanding of what this case is about, what the client wants to achieve, and why the matter is before the firm at this moment in time.
Detailed Chronology of Facts
Construct a thorough chronological narrative of the relevant facts as provided by the client and supported by available documentation, beginning with the formation of the business relationship or the origin of the relevant contractual arrangement. Proceed methodically through each significant event leading to the current dispute, organizing the timeline in a way that reveals the development of the relationship, the performance or non-performance of obligations, and the escalation of the conflict. For each key event in the chronology, specify the exact date or approximate timeframe if exact dates are unavailable with an explanation of why precision is lacking, identify all parties involved in the event including their roles and relationships, describe the actions taken with sufficient detail to understand their significance, and reference any communications or documentation that memorializes the event with specific citations.
When citing to specific documents, include the complete document name as it appears in the file, the date of the document, the author and all recipients, and the relevant page numbers or specific excerpts that support the factual assertion. Use direct quotations from emails, letters, contracts, and other documents when the precise language is important to understanding what occurred or what was agreed. Clearly indicate which facts are based solely on client statements during the intake interview, which are supported by documents you have personally reviewed and can cite specifically, and which require further verification through additional documentation, witness interviews, or third-party records.
Identify any gaps in the factual timeline where events likely occurred but are not yet documented, inconsistencies between the client's account and the documentary record that need clarification, or missing documents that are referenced in available materials but have not been produced. When describing communications, specify whether they were oral or written, the medium used such as email, formal letter, text message, phone call, or in-person meeting, the date and time if known, and identify all participants with their roles and organizational affiliations. If email chains or correspondence are available, extract key quotes that reflect commitments made, obligations undertaken, disputes raised, or positions taken that may be relevant to claims or defenses.
This chronology should be sufficiently detailed to support preliminary legal analysis and case strategy development while highlighting areas requiring additional fact development through formal discovery, informal investigation, or client follow-up. The narrative should flow logically and reveal the story of the dispute in a way that makes the current conflict understandable and positions the legal team to identify the critical facts that will determine the outcome.
Key Parties and Contractual Relationships
Identify and describe all parties involved in or potentially relevant to the matter with the level of detail necessary for jurisdictional analysis, service of process, and strategic assessment. For each party, provide the full legal name exactly as it appears in relevant documents and corporate records, the jurisdiction of formation or residence for jurisdictional purposes, the specific role in the transaction or dispute including whether they are a contracting party, guarantor, beneficiary, or other participant, the current relationship to the client including whether business dealings are ongoing or terminated, and any known financial condition or business status that may affect collectability or litigation strategy.
Describe the contractual relationships that form the foundation of the dispute with precision drawn from the actual contract language rather than from summaries or characterizations. For each agreement that is central to the dispute, specify the type of contract such as purchase agreement, service agreement, employment contract, partnership agreement, or other category, the exact date of execution and effective date if different, the parties' respective obligations with specific reference to performance requirements and deadlines, payment provisions including amounts, timing, and conditions precedent, termination clauses including notice requirements and grounds for termination, dispute resolution mechanisms such as mandatory arbitration, mediation, or litigation with any procedural requirements, and any other provisions relevant to the current dispute such as warranties, representations, indemnification obligations, or limitation of liability clauses.
If contracts contain choice of law provisions, forum selection clauses, or arbitration agreements, extract and quote these provisions verbatim with complete citation to the specific contract section, as they will be critical to determining where and how the dispute must be resolved. Note any amendments, modifications, side letters, or oral agreements that may affect the parties' rights and obligations, citing to specific documents with dates and explaining how each modification relates to the original agreement. Identify any third parties who may have relevant information, potential liability, or claims related to the dispute, including fact witnesses, expert witnesses, consultants, subcontractors, suppliers, customers, or other entities involved in the underlying transaction.
If multiple contracts are involved in the dispute, explain how they relate to one another in the overall transaction structure, the sequence in which they were executed and the business purpose of each, any integration or merger clauses that may affect their interpretation or the admissibility of extrinsic evidence, and whether any contracts supersede or modify others in ways that affect the current dispute. This analysis should provide a complete picture of the contractual framework within which the dispute arose and the legal relationships that will define the parties' rights and obligations.
Preliminary Legal Issues and Potential Claims
Analyze the preliminary legal issues presented by the facts as currently understood, while clearly noting that this analysis is provisional and subject to revision as additional facts are developed through discovery and comprehensive legal research is completed. Identify potential causes of action available to the client based on the facts and applicable law, including for each claim the legal elements that must be proven, the specific facts currently available that support each element, the apparent strength of each claim based on current information with candid assessment of weaknesses, and any obvious defenses or challenges that may be raised by opposing parties. Similarly, identify potential claims that may be asserted against the client either as counterclaims or in separate proceedings, the factual basis for such claims based on available information, and preliminary defenses that may be available based on the facts, contract terms, or applicable law.
Note any threshold legal issues that may determine the forum, procedure, or viability of claims, such as statute of limitations concerns with specific calculation of the limitations period and accrual date, jurisdictional questions including personal jurisdiction over defendants and subject matter jurisdiction of potential forums, choice of law issues where the governing law may differ from forum law, arbitration clauses that may require or permit arbitration instead of litigation, forum selection provisions that may mandate litigation in a specific court, or procedural requirements such as pre-suit notice, administrative exhaustion, or demand prerequisites. If contracts or other documents specify governing law, identify that law with the specific jurisdiction and note whether it differs from the forum state's law in ways that may affect the substantive rights of the parties.
Flag any novel or unsettled legal questions that will require substantial research, consultation with specialists, or potentially dispositive motion practice, and note whether these issues may be suitable for early resolution through dispositive motions. When relevant legal authority exists that may be directly applicable to the claims or defenses, identify those sources with proper citation and note whether verification of their current validity and application to these specific facts is needed through comprehensive research. Consider whether any claims may be subject to heightened pleading standards, such as fraud claims requiring particularity, or special procedural rules, such as derivative actions requiring demand or demand futility.
This section should demonstrate sophisticated legal thinking and issue spotting while acknowledging the preliminary nature of the analysis and the need for comprehensive legal research, full fact development, and careful strategic consideration before reaching definitive conclusions about which claims to pursue or how to structure the litigation.
Damages, Relief Sought, and Business Considerations
Describe the harm suffered by the client and the types of relief being sought with as much specificity as the available information permits, recognizing that damages analysis will evolve as discovery proceeds and expert analysis is obtained. Quantify damages to the extent possible based on information provided during intake and financial documentation available, distinguishing clearly between categories such as direct damages flowing immediately from the breach, consequential damages that were foreseeable at the time of contracting, lost profits with the methodology and assumptions used in calculation, incidental damages such as costs incurred in response to the breach, and any potential punitive damages if the conduct meets the applicable standard or statutory damages if provided by statute.
When citing damage figures, reference the specific source with precision—whether client estimates based on internal analysis, audited financial statements, invoices and receipts for actual expenses incurred, expert reports if already obtained, or other documentation—and note the methodology used to calculate the amount including any assumptions that may be challenged or require expert support. Identify any contractual provisions that may limit or enhance damages, such as liquidated damages clauses that may provide a predetermined measure or be challenged as penalties, limitation of liability provisions that may cap recoverable damages, exclusions of consequential damages that may bar certain categories of recovery, or fee-shifting clauses that may allow recovery of attorneys' fees and costs.
Note any non-monetary relief sought, such as specific performance of contractual obligations where damages are inadequate, injunctive relief to prevent ongoing harm or preserve the status quo, declaratory judgment to resolve legal uncertainty, rescission to unwind a transaction, reformation to correct a mutual mistake, or accounting to determine amounts owed, and explain why such relief is appropriate and necessary given the nature of the dispute and the inadequacy of legal remedies. Discuss the client's business objectives beyond legal recovery, including preservation of business relationships with the opposing party or related entities where ongoing commercial dealings may continue, reputation management in the industry or market where the dispute may affect business relationships, deterrence of similar conduct by others in the market or industry, establishment of legal precedent on an issue of importance to the client's business model, or protection of intellectual property, trade secrets, or competitive position.
Identify any business constraints that may affect litigation strategy and must be considered in developing the case plan, such as the need to maintain ongoing business relationships with the opposing party, suppliers, customers, or other stakeholders, concerns about publicity or confidential information disclosure that may affect competitive position or business relationships, budget limitations that may require alternative fee arrangements or phased litigation strategy, time pressures related to business operations, market conditions, or regulatory deadlines, or industry-specific considerations such as regulatory oversight, reputational concerns in a close-knit industry, or the impact on future transactions and business opportunities.
Procedural Posture and Immediate Action Items
Describe the current procedural status of the matter with precision regarding all relevant deadlines, pending actions, and time-sensitive issues that require immediate attention. Document whether any demand letters have been sent by the client or received from opposing parties, including the exact dates sent or received, the key terms and demands made, any deadlines imposed for response or compliance, and the client's response or intended response. Note whether litigation has been threatened explicitly or implicitly through communications, and if litigation has been filed, identify the court with complete information including the specific court, division, and location, the case number assigned, the filing date, the parties named, the claims asserted, and the current procedural status including any pending motions, discovery deadlines, or scheduled hearings.
Identify whether any administrative proceedings are pending or anticipated, including agency investigations, regulatory inquiries, arbitration demands, or other alternative dispute resolution proceedings, and note the procedural status, deadlines, and requirements of each proceeding. Calculate and document all deadlines currently known or reasonably ascertainable, including statute of limitations dates for each potential claim with the specific calculation showing the accrual date and the expiration date, contractual notice requirements with the specific provisions requiring notice and the deadlines for providing such notice, response deadlines for any demands received with the consequences of failing to respond, discovery deadlines if litigation is pending, and any other time-sensitive obligations such as preservation duties, regulatory reporting requirements, or contractual performance deadlines.
Create a prioritized list of immediate action items that must be completed to protect the client's interests and position the case for success, organized by urgency and strategic importance. These immediate actions may include sending preservation letters to the client regarding their obligation to preserve relevant documents and electronically stored information and to opposing parties to ensure preservation of evidence, filing a complaint to protect against statute of limitations where the limitations period is approaching, responding to a demand letter or pleading within required deadlines, conducting specific factual investigation such as witness interviews or site inspections before evidence is lost, performing targeted legal research on threshold issues that may affect case strategy, requesting additional documents from the client with specific identification of what is needed and why, or consulting with experts to assess technical issues, damages, or industry standards.
For each action item, specify the responsible attorney or team member, the deadline for completion with sufficient lead time for review and revision, any dependencies or prerequisites that must be completed first, the consequences of delay or non-completion including potential waiver of rights or strategic disadvantage, and the resources required including estimated time and any external costs. This section should provide a clear roadmap for the immediate next steps in the representation and ensure that all time-sensitive issues are identified and addressed.
Document Review and Evidence Assessment
Provide a comprehensive summary of the documents reviewed during the intake process and assess their evidentiary value with attention to both strengths and vulnerabilities that may affect their admissibility or persuasive value. For each key document, provide a brief description of the document type and purpose, the date of creation or execution, the author and all recipients or parties, its relevance to the potential claims or defenses with specific explanation of how it supports or undermines particular legal theories, and any evidentiary issues such as authentication requirements, hearsay concerns, or privilege questions.
Extract and quote critical language from contracts, correspondence, or other documents that may be dispositive of key issues, providing sufficient context to understand the significance of the language and noting any ambiguities or alternative interpretations that may be argued. Note any documents referenced by the client during the intake interview or mentioned in available materials but not yet produced, and identify additional documents that should be requested from the client through a comprehensive document request, from third parties through informal requests or subpoenas, or from opposing parties through formal discovery. Assess the overall strength of the documentary evidence, identifying any gaps in the documentary record that may need to be filled through discovery or that may weaken certain claims or defenses, and noting whether the available documents tell a coherent and persuasive story or whether significant factual development is needed.
Flag any documents that may be subject to attorney-client privilege or work product protection and should be withheld from production, as well as any documents that may need to be produced to opposing parties in response to anticipated discovery requests and should be reviewed for privilege and relevance. If documents contain metadata, version histories, track changes, or other technical information that may be relevant to authenticity, timing, or the evolution of negotiations, note this for preservation and potential forensic analysis. Identify any documents that may require authentication through witness testimony, expert interpretation to explain technical content or industry standards, or other foundation work before they can be admitted as evidence at trial or in motion practice.
Consider the organization and presentation of the documentary evidence, noting whether a chronological organization, thematic organization, or party-based organization would be most effective for understanding the case and presenting it to decision-makers. This assessment should provide a clear understanding of the evidentiary foundation currently available and the work needed to develop a complete and persuasive evidentiary record.
Preliminary Strategic Assessment
Provide a candid preliminary assessment of the matter's strengths, weaknesses, and strategic considerations based on the facts as currently understood and the legal framework as preliminarily analyzed, recognizing that this assessment will evolve as the case develops. Evaluate the likelihood of success on potential claims and the strength of available defenses, assigning rough probability estimates where appropriate while acknowledging the preliminary nature of such assessments and the many variables that may affect outcomes. Assess the credibility and availability of key witnesses, including the client representatives who will testify about the facts, and note any concerns about witness reliability, potential bias or interest in the outcome, vulnerability to impeachment through prior statements or conduct, or practical availability issues such as location, health, or willingness to participate.
Consider the practical challenges of litigation beyond the legal merits, including the financial resources of the opposing parties and their ability to sustain prolonged litigation or satisfy a judgment, their likely litigation strategy based on the nature of the dispute, any prior dealings or litigation history, and their counsel if known, any leverage points available to either side such as business dependencies where one party needs the other for ongoing operations, reputational concerns where publicity may be particularly damaging, regulatory exposure where the dispute may trigger regulatory scrutiny, or third-party relationships where the dispute may affect relationships with customers, suppliers, or partners.
Discuss alternative dispute resolution possibilities with realistic assessment of their viability, including direct negotiation between the parties or their counsel, mediation with evaluation of timing and mediator selection, arbitration if contractually required or potentially advantageous, or other ADR mechanisms such as early neutral evaluation or settlement conferences. Evaluate the client's receptiveness to settlement based on their stated objectives, business considerations, risk tolerance, and the strength of their position, and consider what settlement structure might achieve their goals such as monetary payment, performance of obligations, modification of ongoing relationships, or confidential resolution.
Identify any reputational, business relationship, or other non-legal factors that should inform case strategy, such as industry norms and practices that may affect how the dispute is perceived, ongoing business relationships that may be preserved or irreparably damaged by litigation, potential impact on future transactions or business opportunities in the market, regulatory or compliance considerations that may be triggered by the dispute or its resolution, or competitive implications where the dispute may affect market position or relationships with key stakeholders. This assessment should be realistic and balanced, acknowledging both favorable and unfavorable aspects of the matter while providing clear strategic guidance for how to approach the representation.
Recommendations and Next Steps
Conclude with clear, actionable recommendations for how to proceed with the representation, addressing both immediate tactical steps that must be taken to protect the client's interests and longer-term strategic direction for achieving the client's objectives. Specify what additional information needs to be gathered from the client, including specific documents such as financial records, communications, contracts, or corporate records that are currently missing, witness information including identification of individuals with relevant knowledge and their contact information, or factual details that are currently unclear or incomplete and require clarification through follow-up interviews or written requests.
Outline what factual investigation should be conducted beyond client interviews, such as interviews with key witnesses including employees, former employees, customers, suppliers, or other third parties with relevant knowledge, site inspections or physical evidence examination where the condition or characteristics of property or products are relevant, consultation with technical experts to understand industry standards, technical issues, or specialized subject matter, or public records research to obtain corporate records, real property records, litigation history, or other publicly available information. Identify what legal research must be completed before the firm can provide definitive advice on claims, defenses, or procedural strategy, including research on the elements and defenses for each potential claim, choice of law and conflict of laws issues, procedural requirements and strategic considerations for the appropriate forum, and any novel or unsettled legal issues that may require extensive research or consultation with specialists.
Provide a preliminary timeline for these activities, identifying critical path items that must be completed before other work can proceed, dependencies where one task must be completed before another can begin, and realistic timeframes for completion considering the complexity of the work and the availability of resources. Note any decisions that need to be made by the client or supervising attorneys, such as whether to file suit immediately to protect against statute of limitations or to preserve strategic options, whether to respond to a demand letter and the content and tone of any response, whether to pursue settlement discussions before filing suit or to establish a litigation position first, or whether to seek preliminary injunctive relief to preserve the status quo or prevent irreparable harm.
If the matter presents significant risks or challenges that may affect the firm's willingness or ability to provide representation, provide a frank assessment of whether the firm should accept the representation and under what terms, including any special engagement conditions such as limitations on scope, conflicts waivers, or co-counsel arrangements, budget parameters and cost estimates for the anticipated work, or staffing requirements including the need for specialized expertise or additional resources. Address fee arrangements and engagement letter requirements, including whether the matter is suitable for hourly billing, flat fee, contingency fee, or hybrid arrangements, any special billing or budgeting considerations such as cost advancement, retainer requirements, or budget caps, and whether alternative fee arrangements may be appropriate given the nature of the matter, the client's objectives and financial situation, and the firm's risk assessment.
Attachments and Supporting Materials
List all documents attached to or referenced in this memorandum using a clear organizational system that allows for easy retrieval and reference by any attorney reviewing the file. Group attachments by logical category such as contracts and agreements including the primary contract, amendments, and related agreements, correspondence and communications including demand letters, email chains, and other written communications, financial records and invoices including damages calculations, payment records, and financial statements, corporate and organizational documents including formation documents, operating agreements, and corporate resolutions, pleadings or legal filings if litigation has been initiated, and other relevant materials such as photographs, technical documents, or regulatory filings.
For each attachment, provide sufficient description to allow easy identification without having to open the document, including the document type and general description, the date of the document, the parties or author and recipients, and a brief summary of contents and relevance to the matter. Number or letter the attachments using a consistent system that corresponds to citations in the memorandum, and ensure that every document cited in the memorandum is included in the attachments or its absence is explained.
Note any documents discussed in the memorandum that are not attached and explain why they are not included, such as documents not yet received from client despite requests, materials too voluminous to attach that are maintained in a separate file or document management system with specific location information, privileged materials maintained under separate cover with appropriate protection, or documents that exist but have not yet been obtained from third parties. Include any intake forms completed during the initial consultation, conflict check results and documentation of conflict resolution, fee agreements or engagement letters, and other administrative documents relevant to the engagement.
Ensure that the attachment list corresponds exactly to the documents actually attached and that all citations in the memorandum can be traced to specific attachments with page numbers, allowing any reader to verify the factual assertions and legal analysis without difficulty. This comprehensive attachment system should make the memorandum a self-contained record of the initial case assessment that can be relied upon throughout the representation.
Quality Control and Professional Standards
Ensure this memorandum complies with all applicable professional responsibility rules, including duties of competence requiring thorough preparation and knowledge of relevant law, diligence requiring prompt attention to the matter and timely completion of work, and confidentiality requiring protection of client information and work product. Verify that all factual statements are accurate to the best of your knowledge based on available information and clearly attributed to their source, whether client statements during intake interviews, documentary evidence with specific citation, or other materials with appropriate identification.
Distinguish clearly between facts, inferences, and legal conclusions throughout the memorandum, using appropriate qualifiers such as "the client states," "the contract provides," "the evidence suggests," or "preliminary analysis indicates" to signal the basis and certainty level of each assertion. Use precise legal terminology while ensuring the memorandum remains accessible to all attorneys who may review it, including those who may not specialize in the relevant area of law, by providing sufficient explanation and context for technical terms and legal concepts.
Proofread carefully for accuracy, clarity, and professionalism, as this document establishes the foundation for the entire representation and reflects on the firm's standards of practice and the quality of work the client can expect. Before finalizing, review the memorandum to ensure it provides a complete, accurate, and strategically useful foundation for the representation, and that any attorney reading it will have a thorough understanding of the matter, the current status, the strengths and weaknesses, and clear direction for next steps.
Output Format and Deliverable
Generate this memorandum as a comprehensive, professionally formatted document suitable for inclusion in the client file and review by supervising attorneys and other members of the legal team. Use clear headings and subheadings that correspond to the sections outlined above, with consistent formatting that allows for easy navigation and reference. Employ proper legal citation format for all referenced documents, cases, or statutes, using Bluebook or firm-standard citation format consistently throughout.
Maintain a professional tone throughout that is analytical rather than advocative, as this is an internal assessment document rather than a brief or client communication, and the goal is objective evaluation rather than persuasion. The final memorandum should be thorough enough that any attorney in the firm could assume responsibility for the matter based solely on this document, understanding the facts, the legal issues, the strategic considerations, and the next steps, yet concise enough to be reviewed efficiently by busy supervising attorneys who need to make decisions about case strategy and resource allocation.
Ensure all factual assertions are supported by specific citations to source materials with sufficient detail to allow verification, all legal analysis is appropriately qualified as preliminary and subject to further research and fact development, and all recommendations are clear, actionable, and prioritized by urgency and strategic importance. The memorandum should serve as both a comprehensive record of the initial case assessment and a practical roadmap for the representation going forward.
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- Skill Type
- form
- Version
- 1
- Last Updated
- 1/6/2026
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