Overview
Every memorandum needs clear logical construction linking facts to the legal basis relied on, so a judge can follow the argument easily without needing to rebuild the connection themselves.
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The initial statement of claim differs from subsequent response memoranda in purpose, since the former sets the dispute's framework while the latter responds to the other party's specific arguments, and each needs a different drafting approach.
Regulatory Basis
Drafting memoranda falls under formal and substantive commercial court requirements, which set out what a statement of claim must include as basic information.
How We Prepare Memoranda
The lawyers begin with a complete understanding of the case facts and available evidence, before building the legal argument that links these facts to the strongest legal basis for the client's position.
The lawyers review each memorandum before submission to confirm consistency with previous memoranda in the file, since any contradiction between memoranda weakens the represented party's position before the court.
Who Needs This Service
A party to an ongoing lawsuit that needs a strong response memorandum precisely addressing the other party's specific arguments, not a general response that doesn't engage the points raised.
A lawyer needing independent review of a memorandum they've prepared before submitting it, to confirm the strength of the argument and clarity of its logical connections.
A memorandum's quality differs significantly based on how well its author understands the actual details of the case, beyond the general legal framework, which is why the lawyer responsible for the file reviews every memorandum personally before submission, rather than relying entirely on a general template filled in with case details without genuinely adapting its logical structure.
Additional Considerations
Memoranda form an essential part of any case under the litigation and advocacy service, and the lawyers rarely provide this service entirely separate from full case representation.
When a memorandum needs supporting technical opinion, the lawyers coordinate with the expert testimony service to incorporate that opinion coherently into the memorandum's structure.
Common Questions
Do you draft memoranda only for cases where you handle full representation?
No, the lawyers also offer standalone drafting or review of memoranda even when another lawyer handles full representation in the case.
How long does preparing a response memorandum take?
This depends on the case's complexity and the volume of arguments raised by the other party, and the lawyers meet the statutory deadlines set for submitting a response.