Unit 2

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Modern Letter Writing

 Índice
Scheme 3

Key Ideas 4
2.1. Introduction and Objectives 4
2.2. Letter Writing Conventions 5
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2.3. Letter Writing Style 8

2.4. E-mails 11
2.5. Memoranda 13
2.6. Bibliographical References 14

In Depth 15

Test 16
 Scheme
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Unit 2. Scheme
 Key Ideas

2.1. Introduction and Objectives

Legal writing style is a matter of both personal preference and company policy. The
golden rule of style in legal writing is that your writing style should be as easy to
understand as possible and that offensive terms should be avoided.

Most lawyers need a great amount of time to draft letters, e-mails and other
communications for a variety of purposes. The writing styles used in legal
documents are different from the style found in legal correspondence. The reason
of that is the different purposes they try to satisfy.

The objectives of this unit are the following:

 Understanding the most appropriate letter conventions when writing legal

correspondence.
 Understanding the most appropriate letter-writing style in legal correspondence.
 Understanding the most appropriate conventions, style and structure when
writing e-mails and memoranda.

This University Expert course on Legal English and preparation of the TOLES
certificate (foundation and higher levels) requires the study of the coursebook “The
Lawyer’s English Language Coursebook” (MASON, C. The Lawyer´s English Language
Coursebook. 2nd ed. England: Global Legal English Ltd., 2016). This unit is a
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supplement for the study of unit 8 of the mentioned coursebook.

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 2.2. Letter Writing Conventions

Every written communication has the same purpose: to convey information from the
writer’s mind, through writing, into the mind of the reader.

Beginning a Letter

When beginning a letter, it is advisable to apply the following conventions:

 Dear Sir. It is used to open a letter addressed to an unknown man (you do not know
his name).
 Dear Sirs. It is used to write to a company or firm where at least one of its members
is a male. In case of writing to American companies or firms, ‘Dear Sir or Madam’ is
more convenient, since it is not assumed that the person who will open the letter is
a man.
 Dear Mesdames (it is considered an extremely formal convention, so it is rarely
used). This convention is used to write to a company or a firm where all the
members are female.
 Dear Madam. This formulation is used to write to a woman whose name you do not
know, without considering whether she is single or married.
 Dear Sir or Madam (Dear Sir/Madam). This beginning is used to write to a person in
case you do not know their name or gender.

In case you know the name of the person you address the letter, but do not know
them well, the most convenient salutation adopts the form of ‘Dear’ followed by a
courtesy title (i. e. Mr., Ms., Miss, Mrs., etc.) and the surname of that person.
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In case of using initials or first names, there is no need to use courtesy titles, that is,
you can start Dear Mr. Smith, but NOT Dear Mr. J. Smith or Dear Mr. John Smith. For
people you know well, it can be addressed only using their first names, for example,
‘Dear John.’

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 When using British English conventions, after the salutation a comma is optional, that
is, ‘Dear Mr. Smith,’ or ‘Dear Mr. Smith.’

When using American English conventions, after the salutation it is common to place a
colon, that is, ‘Dear Mr Smith:’

When using American English conventions, after the salutation it is common to place a
colon, that is, ‘Dear Mr Smith:’

Ending a letter

In case a letter begins Dear Sir, Dear Sirs, Dear Madam, Dear Mesdames or Dear Sir or
Madam, the most appropriate ending is Yours faithfully. However, in case of writing to
American companies or firms, Respectfully yours (considered very formal styles) or
Yours truly (considered less formal style) are more convenient usage.

When a letter begins with a personal name, for example, Dear Mr. Jones, Dear Mrs.
Brown or Dear Ms. Porter, the most convenient ending is Yours sincerely. The
American English equivalent is Sincerely or Sincerely yours.

When addressing a letter to a person you know well, it can be closed with a number of
different informal phrases. Some examples include:

 With best wishes.

 Best wishes.
 With best regards.
 Best regards.
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 Kindest personal regards.

 Best.

It is advisable to avoid closing a letter with old-fashioned expressions or

phrases, such as ‘We remain yours faithfully.’
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 In case of legal letters, commas are not usually used after the complimentary close. The
complimentary close is generally located on the left, aligned (alineada) under the rest
of the letter.

In table 1 there is a useful summary providing a correspondent guide to end a letter,

according to the title used in the opening.

Title used Status Ending (UK) Ending (US)

Mr married or unmarried male Yours sincerely Sincerely
Mrs married female Yours sincerely Sincerely
Miss unmarried female Yours sincerely Sincerely
Ms married or unmarried female Yours sincerely Sincerely
Sir male – name not known Yours faithfully Yours
truly/Respectfully
yours
Madam female – name not known Yours faithfully Yours
truly/Respectfully
yours
medical/academic/military these titles do not change Yours sincerely Sincerely
e.g. Dr/Professor/General whether addressing a male or
female
None (Dear Bill/Dear Susan, irrelevant Best regards Best regards
etc.)

Table 1. Letter closings according to the opening used. Source: HAIGH 2016 (p. 139).

Abbreviations in letters

Some abbreviations are used at the foot of a letter for certain specific purposes. Here
are some examples:

 Encl/Encl. It means that some documents are enclosed with the letter. In case there
is more than one, it is common to list them.
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 p.p. The meaning of this abbreviation is ‘per procurationem’ (for and on behalf of). It
is used in case of a person, not being the writer, sign the letter.
 c.c. The meaning of this abbreviation is ‘carbon copy’ (although carbon copies are
not frequently used nowadays). It expresses that copies of the letter are sent to

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 people other than the named recipient. Generally, the letter specifies the people to
whom the copies are sent.
 b.c.c. The meaning of this abbreviation is ‘blind carbon copies’. It is used when
copies of the letter are sent to other people, but you do not want the recipient of
the letter to know this fact. This abbreviation is only written on the copies, not on
the original version sent to the recipient of the letter.
 FAO. The meaning of this abbreviation is ‘for the attention of’ (e. g. FAO the
Managing Director) and sometimes it can be seen in the address printed on the
envelope.

2.3. Letter Writing Style

In all cases, two of the more relevant points when creating legal correspondence
are to be clear and accurate. Nevertheless, taking into consideration the style of
correspondence, this can be slightly different depending on to whom the
correspondence is addressed.

When writing to another practitioner, the writer usually assumes that typical legal
jargon and terms of art are perfectly understood and there is no need to explain
them. Otherwise, when writing to clients and other third parties, this assumption
cannot be made.

For that reason, it is crucial to be careful with the explanations of legal

technicalities. Hence, it is better to use terms and expressions that a
layperson can understand.
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In any case, it is advisable to start thinking about what and how you want to convey
(expresar, transmitir) your message.

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 When writing a letter or e-mail, one of the most important things to consider is the
reader. The content and style of the letter or e-mail can be affected by the next
considerations:

 Who is going to read the letter or e-mail.

 The knowledge of the reader about the subject/matter of the letter (i. e. the
context is usually quite different when you are dealing with a client or an expert
in a specific area of knowledge).
 The knowledge they need.
 The background information they need.
 The information you need from them.
 The most appropriate tone to adopt.

Without taking into consideration the person, it is advisable to ensure that your
letter or e-mail is:

 As short as possible but not too short.

 Written clearly.
 Set out (presentar, exponer) in a clear way.
 Written with an appropriate tone.

When writing this kind of letters or e-mails it is essential to divide them into the
following paragraphs:

First Paragraph

This first sentence or paragraph is really important because the opening expresses
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the tone of the letter and creates a first impression. When replying to a previous
letter, the first thing to do is to start by thanking your correspondent for their letter
(e. g. ‘thank you for your letter of 12th April 2018’).

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 When writing to a person for the first time, it is common to use this first paragraph
to introduce yourself, to inform about the subject of the letter, and to say the
reason why you are writing (‘we act on behalf of Peter Newman Ltd. and write
regarding the rental on 44 Mackay St., Orange County’).

Middle Paragraph

The main part of a letter contains the points needed to make, the answers you wish
to convey or the questions you want to request. The appropriate nature of these
matters will depend very much on the kind of letter a person wants to write.

Final Paragraph

At the end of a letter, in case it is addressed to a client or to a third party, it is

advisable to indicate that you can be contacted if the addressee needs or requires
additional information or assistance. If appropriate, you may also indicate another
person in the office to be contacted if you are absent.

Here is a sample of the typical ending of a letter: ‘Please do not hesitate to contact
me, or my assistant, Mary Atkins, in case you may require any additional
information or assistance’.

It is really vital to use the most appropriate tone when writing a letter. In most
cases, the appropriate tone is that of professional neutrality. Firstly, it is advisable
to avoid pompous and obscure language. Secondly, it is also advisable to avoid
language that can be considered too informal or colloquial.
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It is also necessary to pay special attention at all times when writing to parties on
the other side of a case from your client to avoid any kind of tinge (tinte, matiz) of
personal hostility or resentment.

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 This can be vital because, although lawyers usually place themselves in the position
of needing to threaten people or organisations with legal action on behalf of clients,
it is always necessary to bear in mind basic standards of professional courtesy.

Certain things should be avoided when trying to use the most appropriate tone:

 Contractions. This is too informal for most legal contexts.

 Slang. This should be avoided because using it is unprofessional and it may not
be understood.
 Expressions, proverbs, common metaphors. Again, these are both
unprofessional and may not be understood. Always state precisely what you
want to mean. For example, do not write ‘prices have gone through the roof’,
but ‘prices have increased rapidly.’
 Throwaway informality. It is important to retain a quality of professional gravity
in the tone of your writing. Therefore, do not write ‘it is all sorted to go’, but ‘the
matter has been satisfactorily resolved.’

2.4. E-mails

It is often thought that e-mails are a less formal medium than letters. This is true up to
a point, but may be a dangerous belief for lawyers. Do not allow the informality of
writing e-mails to lead you to forget the importance and possible sensitivity of the
information you may be communicating.

Remember that an e-mail is just as permanent as a letter and may be printed out and
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referred to in the future. Also, remember that the exchange of e-mails leaves an easily
traceable trail (rastro, pista, huella) in both correspondents’ inboxes.

For these reasons, the same high standards of professionalism should be

adhered to when writing e-mails, as one would follow when writing letters.

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 In legal work, while e-mail correspondence may tend towards informality, it should
follow the same principles as any other form of business correspondence. Here are
some basic tips:

 Write a clear and informative heading in the subject line. Avoid leaving the subject
line blank or writing uninformative headings, as this will increase the chances of the
e-mail being regarded by the recipient as possible spam or virus mail and thus being
deleted.
 In general, e-mail messages follow the style and conventions used in letter or
faxes. For example, you can use salutations such as ‘Dear Mr. Archer’ or ‘Dear
Gerald’, and complimentary closes such as ‘Yours sincerely’ or ‘Best Regards.’
However, if you know the recipient well, or if you are exchanging a series of
messages with one person, you may dispense with the salutation and
complimentary close altogether.
 Make a clear mental division between personal messages and messages written in
the course of legal work. In a message written in the course of legal work, the same
rules of writing apply as for a letter: write clearly, concisely, pay attention to the
accuracy of factual information and legal advice given, and observe high standards
of professional courtesy; consider audience, purpose, clarity, consistency and tone.
 Use grammar, spelling, capitalisation and punctuation correctly, as you would in
any other type of correspondence.
 Do not write words in capital letters in an e-mail. They are considered as an
equivalent of shouting and consequently they have a negative effect. When you
want to stress a word, use asterisks on each side of it; for example, *urgent*.
 Write short e-mail messages and direct to the point. Many people receive a great
amount of e-mails at work, so briefness is especially important.
 Generally, try to limit your message to one topic. This helps to keep the message
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brief and makes it easier for the recipient to answer, file and retrieve (recuperar) it
later.
 Check the mistakes in your e-mail message before sending it, in the same way you
would check a letter or a fax message.

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 2.5. Memoranda

Memoranda (usually known as memos) are internal communications whose aims are
usually to advise or inform the personnel of new policies, procedures, events or
decisions adopted by the firm or the company. They are usually quite formal and
impersonal in style.

Memos may be addressed to one person or to a number of people. They can

be placed on a noticeboard so it can be seen by everybody or circulate as
internal mail.

Headed (con membrete) paper is frequently used for writing memos that contain less
information about the company or the firm than the typical letterhead (con membrete,
con encabezamiento; suele contener más información) used for external
correspondence, although the headed used in memos include the department that has
issued it.

A memo should state at the top of the first page:

 The person(s) to whom it is addressed.

 The person who wrote the memorandum.
 The date.
 The subject.

Important points or long lists of points are usually best presented using bullets (●) or
numbers.
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 A typical memo might be structured as follows:

 The memo should have an appropriate title —one that accurately reflects the
contents, and preferably one for which a file can easily be selected—.
 The first paragraph of the memo may be used to explain the background to the issue
that the memo refers to.
 The main part of the memo should be used to explain concisely:
• What is going to happen.
• Why it is going to happen.
• When it is going to happen.
• How it will affect people.
• Who will be affected.
 The next part of the memo should explain what should be done by anyone affected.
 The last part of the memo should advise staff where they can go for an explanation
and how to communicate their comments or complaints.
 The memorandum should be signed by the writer.

2.6. Bibliographical References

HAIGH, R. Legal English. 4th ed. London & New York: Routledge, 2016.
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 In Depth
Letter Sample

HAIGH, R. “Specimen letter”, 143. In: HAIGH, R. Legal English. 4th ed. London & New
York: Routledge, 2016.

In this coursebook you will find a letter sample where an English lawyer writes to a
Finnish client in relation to a property purchase.

Language Functions When Writing a Letter or an E-Mail

HAIGH, R. “Emails”, 144-150. In: HAIGH, R. Legal English. 4th ed. London & New York:
Routledge, 2016.

Here you will find a list of the major language functions you, as a legal professional,
are likely to perform when writing a letter or e-mail. In addition, there is a list of
abbreviations usually found in e-mails and other informal communications.

Memorandum Sample

“Free 15+ Memorandum Samples in MS Word | PDF”. SampleTemplates. (n.d.).

Retrieved from: https://www.sampletemplates.com/business-
templates/memos/memorandum.html
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In this document, you will access multiple memoranda samples.

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Unit 2. In depth
 Test
1. What are the main aims of legal correspondence?
A. They are in all cases clarity and accuracy. However, the style of
correspondence will differ according to whom the correspondence is being
written.
B. They are the conditions and the promises included in the letter.
C. They are the consistency in all cases of the usage of a clear numbering
system.

2. What is the first paragraph of a letter used for?

A. It is used to provide either the equipment or the financing of the business,
but not both.
B. It sets the functions that must be clearly differentiated in the drafting of a
contract.
C. It sets the tone of the letter and creates a first impression.

3. What is the second paragraph of a letter used for?

A. The main part of the letter contains the points needed to make, the
answers you wish to convey or the questions you want to request.
B. It sets the definition given and merely declares what a particular word or
phrase must be understood as, and does not contain any obligations.
C. It provides the remedies in the event that another party breaches the
contract.

4. What is the final paragraph of a letter used for?

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A. It establishes the nature of the obligations under the contract unilaterally.

B. It usually indicates that you may be contacted if the addressee requires or
needs additional information or assistance.
C. It provides the liability that the parties wish to exclude or limit to ensure
that the contract accurately reflects their intentions.
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Unit 2. Test
 5. What kind of things should be avoided when seeking the right tone of a letter?
A. Terms of art, jargon and cross-referencing.
B. Operative language, layout and exemption clauses.
C. Contractions, slang, expressions, proverbs, common metaphors and
informality.

6. Do e-mails and letters follow the same style and conventions?

A. No, e-mails never follow the same salutations and complimentary closes.
B. No, e-mails have their own salutations and complimentary closes.
C. Yes, e-mails usually follow the styles and conventions used in letters or
faxes.

7. What are memoranda?

A. They are internal communications that advise or inform staff of new
policies, procedures, events or decisions. They are usually quite formal and
impersonal in style.
B. They are ordinary words that are sometimes found in unusual contexts in
legal English and have different meanings in those contexts.
C. They are documents used in non-contentious business that generally record
an agreement between parties.

8. What should a memo state at the top of the first page?

A. The person or people to whom they are addressed, the person who wrote
the memo, the date and the subject.
B. The person or people who are in charge of the company.
C. The person or people who are in charge of the human resources.
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 9. Why should you avoid the usage of capital letters in an e-mail message?
A. Because capital letters are used to emphasize all the clauses in the
contract.
B. Because capital letters can be seen as an equivalent of shouting and
consequently they have a negative effect.
C. Because capital letters can be seen as problems in the way they introduce
some uncertainty into the contract.

10. How should e-mail messages be?

A. They should be long and to the point.
B. They should be short and to the point.
C. They should be medium-size and to the point, as well as include at least
three topics per message.
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Unit 2. Test