Welcome to Scribd. Sign in or start your free trial to enjoy unlimited e-books, audiobooks & documents.Find out more
Download
Standard view
Full view
of .
Look up keyword or section
Like this
5Activity

Table Of Contents

INTRODUCTION: THIS ISN’T A PAPER
“POSITIONING” — WHAT AD AGENCIES DO
Implications for legal writing – keep it simple
KNOW - AND WRITE - TO YOUR AUDIENCE
Communicating to a new audience
Rise to the challenge
Know your audience
Think like a judge
Write it for the judge that’s going to read it
When your client is a child
7 habits of effective advocates: one judge’s perspective
THE BASICS OF WRITIN’ GOOD: SOME GENERAL OVERALL RULES
Look at how things look
Reader-friendly writing
Run-on sentences. Big words
Writing too much
Legalese: drop it
Avoid long paragraphs: one-breath rule
Use transitions
Structure sentences strategically
Good writing: reader feels smart. Bad writing: reader feels dumb
Beware the acronym
Avoid formulaic qualifiers and phrases
Not using the word “Not”
Nothing is absolute
Write with colour
What are you going to call them?
Always put yourself first
If it doesn’t help, don’t say it
Write visually
Tell a story
Making your story work
Tell your story in the present tense
Point-first writing: don’t write it like a mystery novel
Find a theme
Write your theme down
Stay true to your theme
What, where, when, why?
Use a thesaurus. Make a list of synonyms
Dates: When to, when not to
Logic – 5 ways of building it
Beware of clichés
The importance of the analogy
Be realistic – maybe there’s another side to this
Be credible
Adverse authority: put it in and deal with it
Argue less, persuade more
Don’t overstate your position
Let go of the little stuff
The passive voice
Caring is contagious
A word on page limits
Caselaw — give the court a break
Be selective in what you cite
Only include necessary quotes
Citation, “at p. •“
Check your work: float it by someone else
THE FACTUM
Purposes of the factum: before, during, after
Opening: crashes, first page, Tim Horton’s
Avoid common opening statement blunders
Purpose of the overview: grab attention, road map
No-No’s of openings – rid your opening statement of taboos
Cultivate credibility
Be brief
Organize and highlight things for the judge
Be real, don’t be academic
Table of contents and why headings are important
The facts shape the outcome
Frame facts to fit theme
Difference between lawyers & Judges at a trial/motion
Craft your facts
Take the moral high ground
Give the judge the question
Drafting points in issue
Make your issues clear
Deep, not surface issues
Limit the issues – Abide by the Rule of Three
Make it work
Write your arguments “on the back of an envelope”
Memorandum of Argument: build it around your theme
The respondent’s factum: stand-alone document
Play your own game
And if you’re going to the C.A./S.C.C
Conclusion: Make sure there is one
Conclusion: Relief requested
Conclusion — Option #1: Tell the court why
Conclusion — Option #2: Answer your own questions
Conclusion — Option #3: Finish where you began
Costs
CONCLUSION: IF IT’S WORTH DOING…
SELECTED BIBLIOGRAPHY
0 of .
Results for:
No results containing your search query
P. 1
Strategic Legal Writing

Strategic Legal Writing

Ratings: (0)|Views: 122|Likes:
Published by scribe03

More info:

Published by: scribe03 on Nov 05, 2010
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

12/14/2012

pdf

text

original

You're Reading a Free Preview
Pages 5 to 40 are not shown in this preview.

Activity (5)

You've already reviewed this. Edit your review.
1 hundred reads
mf1204 liked this
junmiguel liked this
junmiguel liked this

You're Reading a Free Preview

Download
scribd
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->