The memorandum ( lat. Memorandum - something that needs to be remembered) is an informational and reference document setting out views on any issue. It can be used in diplomatic relations , business , as a memorandum or reference within the organization.
Content
Meaning of the term
The word "memorandum" comes from lat. memorandum, which literally means: "something to remember." In Russian dictionaries, a memorandum is usually defined as a diplomatic document setting out the factual, documentary or legal side of a question and attached to a note or delivered to a representative of another country. In addition to diplomatic dictionaries, legal dictionaries also offer other meanings of this word - in particular, such as: a letter with a reminder of something (in commercial relations) and a memorandum or memorandum or information on any issue [1] . In Western legal practice, a memorandum also means a document that contains a legal analysis of a particular issue, prepared at the request of third parties or distributed among employees of the company [2] .
In this last meaning, the term “memorandum” is becoming more widespread in Russian legal practice.
Usage
The memorandum of content is external and internal. An external memorandum is forwarded to persons who apply to a law firm. The internal memorandum is addressed to all or individual employees of the organization within which it was created; it remains inside the company and is not intended for reading by third parties [2] .
In Russian legal practice, the terms “memorandum” and “legal opinion” are new and unsustainable. At the same time, different law firms often use different terms to denote essentially the same type of document in different law firms or, which adds even more ambiguity, the same term is used to denote different types of documents. Some firms strictly distinguish between a memorandum and a legal opinion, although they may be called differently. At the same time, some companies use the name “memorandum” only for internal office correspondence, and outgoing documents that are sent to clients are called legal opinions, expert opinions, advisory or expert opinions, references, etc. - that is, they use names that are in other firms are used in relation to legal opinion [2] .
These terminological differences are largely a matter of accepted practice or taste preferences. Ultimately, the title of the document is not fundamental. It is important, however, as noted by J. Orwell in the article “New Words”, “to agree on what we call”, and this, in his opinion, consists of “the only difficulty” [3] .
Notes
- ↑ Big Law Dictionary // Ed. A. Ya. Sukhareva. - 3rd ed., Ext. and reslave. - M .: INFRA-M, 2007 .-- 858 p. - ISBN 978-5-16-002606-0
- ↑ 1 2 3 Olga Khazova. Memorandum, What is a memorandum: terminological confusion . Studme.org. Date of treatment February 6, 2019.
- ↑ Orwell George . Essay "New Words." 1940 | Read .
Literature
- The Art of Legal Writing 4th ed., Rev. and additional // Olga Khazova. Litres, 2018. ISBN 5-04-032060-4 | Read .