WRITING AN EFFECTIVE CONCLUSION
The form and substance of a conclusion in a piece of legal writing is typically dictated by its audience.
Specifically, conclusions take a different form in internal office memoranda than they do in documents
submitted directly to a court. This tip sheet will help you to write effective conclusions in either of these
circumstances.
Conclusions in Office Memoranda
Conclusions in office memoranda are usually read last, and there is always a chance your conclusion
won’t be read at all. Consequently, the conclusion of an office memorandum should be strong and
concise but should not contain any important information that has not already been presented
elsewhere. Generally, conclusions can take several different forms:
(1) A restatement of the main points of the memo
This form will look similar to the memo’s Brief Answer, although you should not simply cut and
paste the Brief Answer as your conclusion.
Example: In light of the facts that Tunetaster reasonably could have foreseen the frustrating
event that destroyed the value of its business, and that Tunetaster had control over the
frustrating event, Tunetaster will not be excused from performance. Tunetaster will be liable for
breach of its contract with InYourFace.com.
(2) Suggestions for further research
Example: Mr. Morrow would not be covered by the FMLA under 29 U.S.C. § 2612(a)(1)(C)
because he does not meet the definition of spouse provided by the FMLA. However, his
girlfriend, Ms. Owens may be able to state a claim under the FMLA. Further research is required
into the elements of the FMLA to determine the probability of success for Ms. Owens’s claim.
(3) Recommendations for future action by the client or the lawyers
Example: Mr. Morrow would not be covered by the FMLA under 29 U.S.C. § 2612(a)(1)(C)
because he does not meet the definition of spouse provided by the FMLA. The next step may be
to meet with Mr. Morrow to determine if he would like to pursue a state law discrimination
claim.
Conclusions in Documents Submitted to a Court
Generally, in documents submitted to a court (e.g., motion for summary judgment, appellate brief, etc.),
the conclusion is even shorter than it is for office memoranda. In this case, the conclusion is typically no
more than one sentence and simply asks the court for the relief being sought.
Example: Considering the facts and law stated above, Plaintiff respectfully urges the Court to
grant Plaintiff’s motion for summary judgment.
Example: For the aforementioned reasons, the Petitioners respectfully ask the Court to overturn
the decision of the United States Court of Appeals for the Second Circuit.