In a judicial internship, the Bench Memorandum (or “Bench Note”) is your most critical contribution. Unlike a law firm memo that advises a client or a moot court memorial that argues a side, the bench memo is written for the judge. Its purpose is to act as an objective, neutral roadmap that helps the judge prepare for oral arguments or draft an ultimate opinion.
This guide is ideal for law students seeking exposure to practical law, offering a professional blueprint for mastering this specialized form of judicial writing in 2026.
The Core Purpose: Neutrality Over Advocacy
The most common mistake interns make is trying to “win” the case for one side. A judge relies on you to be an unbiased filter. Your job is to cut through the “lawyerly fluff” of the parties’ briefs and present the cold, hard reality of the law.
- The Objective Lens: You must identify the strongest arguments for both the Petitioner and the Respondent. If one side has a weak argument, explain why it is weak rather than ignoring it.
- The “Clear View” Goal: By the time the judge finishes reading your memo, they should have a clear understanding of the legal “clash” without having to dig through hundreds of pages of case files.
Standard Structure of a Bench Memorandum
While every judge has personal preferences, most 2026 judicial chambers follow this professional structure:
I. Heading
Include the case name, docket number, the names of the parties, and the date of the upcoming hearing.
II. Question(s) Presented
State the specific legal issues the court must decide. Frame these as neutral questions.
- Example: “Whether the search of the defendant’s encrypted device without a warrant violates the right to privacy under Article 21.”
III. Brief Answer
Provide a “Yes” or “No” followed by a one-sentence summary of your reasoning. Judges are busy; they want the “bottom line” immediately.
IV. Statement of Facts & Procedural History
Briefly summarize what happened and how the case reached this court.
- Procedural Posture: Mention the rulings of the lower courts and which party appealed.
- Relevant Facts: Include only facts that impact the legal outcome. Avoid “color” or emotional details unless they are legally significant.
V. Summary of Parties’ Arguments
Create two distinct subsections: Arguments of the Petitioner and Arguments of the Respondent. Use bullet points for clarity. This helps the judge see exactly where the parties disagree.
VI. Analysis (The Heart of the Memo)
This is where you apply the law to the facts.
- The “Rule of Law”: Identify the binding statutes and precedents.
- Independent Research: Do not just rely on the cases the lawyers cited. A great intern finds the “missing case”—the precedent that neither lawyer mentioned but which perfectly resolves the issue.
- Standard of Review: Especially in appellate courts, clearly state the standard (e.g., de novo, abuse of discretion).
VII. Recommendation
This is your final advice. State clearly how the judge should rule and provide a brief justification. In some chambers, this section also includes “Suggested Questions for Counsel” to help the judge during oral arguments.
2026 Professional Tips for Judicial Interns
The “No Surprises” Rule
If you find a jurisdictional flaw—like the case being filed past the limitation period—highlight it at the very beginning. Judges love “easy wins” that allow them to dispose of a case on procedural grounds before diving into complex merits.
Master the “Citator”
In 2026, laws and regulations shift rapidly. Always use the “Current Status” feature on SCC Online or Westlaw to ensure the cases you are citing are still “Good Law.” Citing a reversed judgment to a judge is a significant professional error.
Clarity and Brevity
Judges read thousands of pages a week. Use short sentences, active voice, and clear headings. If your memo is longer than 10 pages, include a “Table of Contents” or an “Executive Summary.”
Why Bench Memos are Career Catalysts
Writing bench memos is the fastest way to learn Judicial Philosophy. This opportunity enhances understanding of the legal profession by showing you exactly how a judge thinks, what they find persuasive, and what they find annoying. Interns who excel at bench memos are often the first in line for prestigious Judicial Clerkships after graduation.
