REWEL JR. J. MEDICO LEGALESE VS.

MODERN LEGAL WRITING

1. Additional Rules on Modern Legal Writing.

Eight Easy Rules for Persuasive Legal Writing

1. Use topic sentences.

Write every heading and subheading as a sentence, and write a topic sentence for every paragraph.
I cannot emphasize the importance of topic sentences enough. They are crucial to clear writing.

First, topic sentences force you to craft a coherent argument. When you use topic sentences for
headings, and then read only those headings, you can readily assess whether there is a logical flow
and consistency to your argument. The headings in your statement of facts, for example, should
reflect key points, such as who knew what and when, that are relevant to and preview the
argument that follows. The same goes for every paragraph; it should relate to its heading. If it
doesn’t, then you must ask yourself where it goes, and how it serves your argument.

Second, topic sentences help your reader immensely. Topic sentences explain to your reader why
you are telling them something, which makes the reader more invested in what you have to say.
When I was a judicial clerk, if there were long sections of facts or case descriptions, I would skim
until I came to the point. Without that frame of reference, I was unable to assess the information
and therefore had little incentive to read closely.

2. Keep paragraphs within 2 to 7 sentences.

If you use topic sentences correctly, a paragraph should convey a single idea. If you have more
than seven sentences, assess whether you need two paragraphs, or if you need to eliminate
something extraneous. Do this assessment every time you have a long paragraph, without
exception.

3. Keep sentences under 60 words.

This 60-word rule serves as a constant check on readability. Sixty words is approximately three
and a half lines of text. If you see a sentence is long, either revise to eliminate wordiness, or
decide whether it really should be two sentences. Both edits add to clarity. I make an exception
for sentences with numbered clauses, because: 1) the numbers help the reader follow the sentence
structure, and 2) this sentence format is common in legal writing, where legal rules often take the
form of a multi-factor test or analysis.

4. Avoid unnecessary detail.

 REWEL JR. J. MEDICO LEGALESE VS. MODERN LEGAL WRITING

Every detail you include in a brief should serve you in some way. If it doesn’t, then it distracts
from your argument. For example, I do not include any proper names other than the parties in the
case. Instead, I identify people with a descriptor such as the “human resource specialist,”
“Defendant’s medical expert,” “the officer on duty.” I do the same with dates and times; I only
include them if they have legal significance. Even then, I explain why they are significant. For
example, I will write, “the taunting continued for six months after she complained to human
resources,” or “he died two days later.” If you eliminate details in this way, you lighten your
reader’s cognitive load, leaving more room to focus on your argument.

5. Banish passive voice.

Passive voice hides the actor in sentence, which detracts from clarity and readability. You get rid
of passive voice by looking for variations on the verb form “to be” and replacing them with
another verb. For example, in the sentence, “Her complaint was investigated the following week,”
the verb “was” hides who did the investigation. Instead write, “Her manager investigated her
complaint the following week.” Do this type of revision over and over until it becomes second
nature. The one exception, of course, is when you want to obscure the actor in a sentence, as in
the classic example, “Mistakes were made.”

6. Use key words to signify your argument.

Think carefully about word choices for the key facts in your case. If you want to argue that a
company failed to adequately address a sexual harassment complaint, for example, you would not
write “the investigation,” but might use “the response” to suggest that no genuine investigation
took place. Similarly, you would write the human resources manager “met” or “spoke” with the
alleged harasser, rather than “questioned” or “interviewed” him. These word choices should be
both subtle and accurate, so that you can include them in your statement of facts, and throughout
your brief, reinforcing your argument at every opportunity.

7. Define your opponent’s argument.

When you write a response or a reply, identify your opponent’s argument at the outset of your
counterargument, and refer to the specific page or pages in the opponent’s brief. For example, you
might write, “Defendants mistakenly contend that. . .,” or “The cases Defendants rely on are
readily distinguishable because . . .” or “Defendants appear to argue that . . .” and then cite to the
page numbers in the opposing brief.

This serves two purposes. First, it helps to cabin the opponent’s contentions. Sometimes an
opponent will write so poorly that you can’t figure out what he or she is trying to say. If you don’t
know, then chances are the judge or clerk won’t know either, and thus will be apt to rely on your
 REWEL JR. J. MEDICO LEGALESE VS. MODERN LEGAL WRITING

interpretation. Second, including the specific page numbers for your opponent’s argument helps
the judge or clerk refer back to it, which means they can better assess what you say about it.

Of course, your description of your opponent’s argument must be accurate. Otherwise, you not
only lose credibility, you also risk failing to adequately address the opponent’s point.

8. Edit as you go.

I employ these rules as I write, not when editing later. This forces me to continuously assess and
clarify my argument. The extra work pays off in persuasion.

Overblown adjectives, ad hominem attacks and deliberate misconstruction don’t win arguments.
They shout weakness. But when you write clearly and carefully, every sentence, every paragraph,
every heading subtly serves the result you seek so that, in the end, the conclusion has the force of
a fait accompli. That’s the goal of these rules: to write so well, the result appears artless,
effortless, inevitable.

Note: Sources- https://medium.com/@scurphey/eight-easy-rules-for-persuasive-legal-writing-

6aa2fd552f97

2. Legal Opinion in the case decided by the Supreme Court in [GASHEM SHOOKAT
BAKSH, vs. HON. COURT OF APPEALS and MARILOU T. GONZALES, G.R. No.
97336 February 19, 1993]:

LEGALESE MODERN LEGAL WRITING

Sentences using the passive voice. Improve the sentences by converting them
into an active voice.

It is not the function of this Court to analyze
or weigh all over again the evidence
introduced by the parties before the lower
court. There are, however, recognized
exceptions to this rule.
It is not the function of this Court to analyze
or weigh all over again the evidence of the
parties submitted before the lower court.
There are, however, recognized exceptions to
this rule.

Sentences/Paragraph that lacks Improve the sentences/paragraphs by

connection. adding the right connective or transitory
device.
REWEL JR. J. MEDICO LEGALESE VS. MODERN LEGAL WRITING

Sentences with abstract words. Improve the sentences by using concrete

words.

Sentences with tautology. Improve the sentences by removing the

redundant word/s.

Statements using the legalese language Improve the statements using plain
or legal cliches. language.

3. First of all, I would like to say that Justice Abad is absolutely correct in his statements that
it is very important in making pleadings, legal journal, legal opinions and other legal
writing that would help your reader to easily understand your writings. Further, legal
jargons do not help in appealing the mind of your readers instead of making your writings
in a responsive and direct to the point by answering the main issues and providing opinions.
Idioms or hifalutin statements is not necessary to impress your readers. Lastly, Simplicity
and clarity in making your legal writing are the most important matter because it would
help to impress your readers.
4. Yes. This activity helped me in studying this aspect of module very well. Of course there
were some problems on studying legal drafting, but for them I have separate paragraph of
essay. Reflecting upon problems in understanding and learning of this aspect of module
and the methods/ways used to resolve them; As in other aspects of module, in part of legal
drafting there were problems with sources. There is very big amount of sources on topic of
REWEL JR. J. MEDICO LEGALESE VS. MODERN LEGAL WRITING

legal writing, on types of legal writing, on how to improve on rules of legal writing, and
when I read a lot of sources I did not know which source I would choose. I have acquired
legal writing skill, at least as a beginner, and it is very useful skill in my future life. With
other skills I think it is the same as with previous topics, I improved my Legal Research
skills even more, analytical and logical reasoning were developed through tutorials and
group works. And of course critical evaluation was developed. Skills are the same as
always, but now they are more developed. Thus, this activity helped each student the basic
rules in understanding the effective legal writing.