Decision memo

Decision Memo

Document a legal decision for "$ARGUMENTS". Record the decision question, alternatives considered, rationale, accepted risks, and conditions for future review.

Note: AI-generated legal content does not constitute legal advice. Consult a qualified attorney for decisions with significant legal exposure.

Prerequisites

None — this is a utility skill.

Process

1. State the decision question clearly:

   • Frame the question as a specific, answerable decision (e.g., "Should we include an arbitration clause or allow litigation?" not "What should we do about disputes?")
   • Scope the decision to a single, well-defined choice

2. Document context and constraints:

   • Business context driving the need for a decision
   • Legal constraints (regulatory requirements, contractual obligations, precedent)
   • Timeline and urgency factors
   • Budget or resource constraints that limit options

3. List alternatives considered:

   • Document a minimum of 2-3 alternatives
   • For each alternative, provide:
     • Description — what this option entails
     • Pros — benefits and advantages
     • Cons — drawbacks and risks
     • Legal risk level — Low/Medium/High
     • Cost/effort estimate — relative cost or effort to implement

4. Record the final decision and rationale:

   • State the chosen option clearly
   • Explain why this option was selected over the others
   • Reference specific pros that were decisive
   • Acknowledge specific cons that were accepted as trade-offs

5. Document accepted risk:

   • What could go wrong with this decision
   • Likelihood of negative outcomes (Low/Medium/High)
   • Potential impact if negative outcomes materialize
   • Any mitigating factors or safeguards in place

6. Record decision metadata:

   • Who made or approved the decision
   • Date of the decision
   • Stakeholders consulted
   • Any dissenting opinions or concerns raised

7. Define review and revisit conditions:

   • Specific triggers that would require reconsideration (e.g., regulatory change, threshold breach, contract renewal)
   • Scheduled review date if applicable
   • Metrics or indicators to monitor

8. Tag with relevant legal area:

   • Contracts, Privacy, Intellectual Property, Employment, Compliance, Corporate, Litigation, Regulatory, or other applicable area

9. Write the artifact by appending to .metapowers/legal/$ARGUMENTS/decision-log.md:

   • If the file does not exist, create it with frontmatter:

     ---
     description: Legal decision log for $ARGUMENTS
     ---
     

   • Append a new decision entry with a horizontal rule separator (---) between entries

   • Each entry includes:

     • Decision ID — sequential number (e.g., DEC-001)
     • Date — date of the decision
     • Decision Question — the question being decided
     • Context and Constraints — factors driving the decision
     • Alternatives Considered — each alternative with pros, cons, and risk level
     • Decision — the chosen option
     • Rationale — why this option was selected
     • Accepted Risk — risks acknowledged with likelihood and impact
     • Decision Maker(s) — who made or approved the decision
     • Legal Area — tagged category
     • Review Conditions — triggers for reconsideration

Output

The decision memo appended to .metapowers/legal/$ARGUMENTS/decision-log.md. Present a summary to the user highlighting:

• The decision question and chosen option
• Key rationale points
• Primary risks accepted and their mitigation
• When the decision should be revisited