How to Write an Advice Memo

Advice memorandums are documents outlining the legal dissemination of information regarding a litigious action. While the formats of advice memorandums may vary, the basic elements remain consistent. Advice memorandums can be broken down into six sections: purpose, overview of key issues, document preservation and disclosure obligations, implementation of litigation hold, disclosure and production, and conclusion. You may notice a certain degree of redundancy; this is done to prevent any confusion concerning the memorandums' intent.

Instructions

1. Describe the purpose of the advice memorandum, specifically how it is intended to affect the parties involved.

2. Describe the key issues addressed in the memorandum. Explain the protocols and obligations concerning the pertinent legal documents.

3. Describe the obligations of preservation, disclosure and production of relevant information and/or documents. List which documents must be produced, shared and kept.

4. Describe the implementation of a litigation hold on all relevant documents. Outline the current hold policies on documents and any special considerations.

5. Describe any particulars about document disclosure and production.

6. Finish your memorandum with a conclusion that recaps the key issues.

References

• Ontario E-Discovery Implementation Committee: Advice Memo Model #3
• BC Injury Law: Document Disclosure and Litigation
• Ontario E-Discovery Implementation Committee: Advice Memo Model # 4

Resources

• Read this Article in Spanish