Our course : LEGAL WRITING

Dr. DANTE P. AJEJANDRIA

Legal Writing does not include Legal Drafting.

Legal Writing requires analysis, arguments, citations of laws and decisions that support the arguments and
conclusion; Legal Drafting doesn't require these elements.

Legal Drafting, as a rule, has a template or model. Most legal documents follow the style and presentation
found in the book of Legal Forms. For the most part, it is " fill in the blanks".

We will confine our studies to the crafting of compositions that require analysis, arguments, citations of
statute and case laws and conclusions. We will, however, touch upon the formulation of legal forms, every
once in a while.

The purpose of good legal writing is to PERSUADE (convince, if you will) the reader. Or, the judge hearing
the case, that you have the better case and that you should get a favorable decision.

CARDINAL GUIDELINES:

. WHO ARE YOU WRITING FOR?

. YOU SHOULD WRITE FOR THE READER
. CONTENT IS PREFERRED OVER STYLE

ELEMENTS of Legal Writing:

. Simplicity
. Clarity
. Accuracy

1. Simplicity: KISS (KEEP IT SIMPLE STUPID!).

. Make an effort to WRITE READABLE WRITING.

. When you write, write as if you are TALKING to friends, neighbors, acquaintances.

USE, OMIT AND AVOID:

. Use SHORT SENTENCES. ONE THOUGHT FOR EVERY CLAUSE/ SENTENCE.

. Use plain language ( i.e., plain English, if using the English language). As much as you
can, avoid legalese, old English, Latin phrases, technical words/terms/phrases,
metaphors and quotations.

. Use short, crisp sentences ( LESS IS MORE); USE MORE PERIODS AND LESS COMMAS)
. Omit unnecessary words; avoid wordy phrases.

. Avoid elaborating on the obvious.

. Avoid tautology (unnecessary repetition of an idea in different words).
. Avoid block citations ( maximum of 7 lines of quoted sentences has been
recommended by a famous Chicago Judge).
2. Clarity:
. Clarity is more important than style.

. There is clarity when what one thinks is reflected on what he writes.

. Be DIRECT. Don't wander along. Readers don't have the time.

. Use familiar and concrete words (ex. "house" instead of structure; "hoe" instead of
agricultural implement). Words spoken and understood in the area should be used.
. Avoid wide gaps or a lot of text between subject, verb and object. As much as possible,
the subject is followed by the verb and the object (in that order). To do otherwise could
confuse the reader as to "who is doing what to whom". The use of ACTIVE VERB could
avoid this mistake.
. Avoid dangling modifiers. An adjective should be close to the noun it modifies.
. Use punctuations correctly.

3. Accuracy:

. Use DEFINITIVE HEADINGS.

. Be DIRECT. Get to the point; don't stray away from your position.
. References to case and statutes supporting arguments must be correct/precise,
otherwise, it will be counter-productive. If your citations are not precise, you may be
accused of bluffing or misleading the Court. Many a case have been lost because of an
erroneous reference to a law or decision. It is not good for your reputation to be
dubbed "bluffer".

Other CONSIDERATIONS:

. Use the ACTIVE voice. Passive voice lacks force and conviction. Use VERBS, not
NOMINALIZATIONS. ( Use of NOMINALIZATIONS makes sentences longer).

. Stress on relevant facts only. Weed out irrelevant ones. Avoid citing unnecessary dates.
They have no value.
. Put important events in the order of their occurence. The benefits of sequential
recitation of events are: easy understanding, connectivity, and makes it much easier to
write the body of your composition.
. Your writing must not suggest that the Court could not not afford to ignore your
arguments. It must not be self-centered and egotistic.
. Your Satement of the Issues must be specific and clear. In addition, it must incorporate
the opposing view. The use of the words "whether or not" (the words "whether or not is
redundant by itself, but stylistically widely accepted) is deemed to incorporate the
opposing viewpoint).

These are the steps a lawyer NORMALLY takes, from the time he is consulted by a
prospective client to the time he writes his pleading, brief, memorandum or
composition:

1. Consultation
2. Pre-work
3. Research
4. Writing:
 . Outline
. Rough Draft
. Writing
. Proofreading/Revising/Editing (twice or even more)
. Finalizing

Pre-work is very important. This is the preparation a lawyer needs for deciding to take
the case, handling it and for undertaking what would be needed in the process of
handling it.

These are some of the things that a lawyer does as part of his pre-work:
. Interviewing the prospective client and witnesses.
. Studying and reviewing pertinent statements, documents and evidences.
. Piecing together all information gathered.
. Researching the laws (statute and case laws).

Again, when you start writing, use Headings. This gives many benefits to you and to
whoever will be reading your composition. It is much easier to pinpoint and follow the
most important points if there are headings.

NOTE: When writing a short composition, containing a solitary point or topic, headings
are not needed.

SUGGESTED Headings (you could think of others):

1. Statement of Issue(s) - What the principal DISPUTE/CONTEST is about? Under this

heading, you only mention the principal issues; if there are subordinate issues, you need
not mention them under this heading, although they could be discussed under your
ARGUMENTS. In a rape case, for example, the principal issues that commonly arise are:
whether rape was committed? Whether the accused committed the imputed charge?

2. Statement of the Facts- This is the part where you state what the CHARGE is all about
(how the alleged act complained of happened?). It is a narration of the event(s) that
created the legal dispute.

3. Statement of the Case - This is the part that describes the NATURE OF THE ACTION
and the PROCEEDINGS it had gone through, including orders and rulings you wish to
challenge. When reciting these developments, it is wise to say "THEYthey have to be
cited " as they are necessary to an understanding of the controversy".

4. Arguments - This is a very important part of what lawyers write on their pleadings,
briefs, memoranda or position papers. A legal argument is considered sound if the right
rule and the right fact are put together. The rules of LOGIC apply here: major premise,
minor premise and conclusion. (Ex. All lawyers are liars. Andrew is a lawyer. Andrew is a
liar.) To have a convincing argument, you must state the "rule", then the "case fact" and
the "conclusion".

5. Conclusion or Concluding Statement - You base your Prayer for Relief on the strength
of the Facts, Law, Jurisprudence (if you cited any) and ARGUMENTS arguments you
made. You must win on the strength of your own case, not on the weakness of the
opposition's case (although in a criminal case, a mere DOUBT created on the accuser's
case is sufficient to win an acquittal).