Legal Writing: Going

Back to the Basics

HON. MARIA FILOMENA D. SINGH
Associate Justice, Court of Appeals
Professor, Ateneo Law School
Professor, UP College of Law
Member, Corps of Professor, Philippine Judicial Academy
“How many a dispute could
have been deflated into a
single paragraph if the
disputants had dared
to define their terms.”

-Aristotle
 “A word is not a crystal,
transparent and unchanged; it is
the skin of the living thought and
may vary greatly in color and
content according to the
circumstances and the time in
which it is used.”
-J. Oliver Wendell Holmes, Towne v. Eisner, 245 VS 418,
62 L. ed. 372.
 “To write intelligently means
that a person should know how
to write as to be understood, or
should know how to put his
ideas in written words so that
he be understood.”
-J. Pedro Concepcion, Gregorio v. De Jesus, G.R. No. L-45938,
26 February 1938.
What are the Main Functions
of Legal Language?

• To establish rights and obligations.

• To distribute information.

• To enable communication within the

legal profession.
What are the Universal Features
of Legal Language?
• Extreme precision.
• Obscurity, ambiguity.
• Archaism (structures and vocabulary).
• Wordiness, redundancy.
• Lengthy and complex sentences.
• Impersonal construction (passive).
• Terms of art, technical terminology.
What are the Characteristics
of Good Legal Writing?
• Conciseness.
• Completeness.
• Courtesy.
• Clarity.
• Correctness.
What are the Characteristics
of Good Legal Writing?
• Accurate + Analytical
• Relevant + Organized
• Thorough + Specific and Concrete
• Logical + Correct
• Persuasive + Clear
 Legal Writing Requires….

• The proper use of the English language.

• With respect to the bar exams:

“In many instances, incorrect English is more serious
a problem than the lack of precise knowledge of law,
and has ben the cause of high failure rates.”

-Supreme Court of the Philippines, Guide and Rules of Conduct to

the 2014 Bar Examinations.
 Lawyers have been criticized…

• On the one hand, among the most eloquent

users of the English language.

• On the other, they are perhaps its most

notorious abusers.
 Exercise No. 1 - Surplus Words
“Know all men by these present, that I hereby give, grant,
release, convey, transfer, and quitclaim all my right, title or
interest, benefit and use whatsoever in, on and concerning this
chattel, otherwise known as an orange, or citrus aurantium,
together with all the appurtenance thereto of skin, pulp, pit,
rind, seeds and juice to have and to hold the said orange for his
own use and behoof, to himself and his heirs, in fee simple
forever, free from all liens, encumbrances, easements,
limitations, restraints or restrictions whatsoever, any and all
prior deeds, transfer, or other documents whatsoever, now or
anywhere made to the contrary notwithstanding, with full
power to bite, cut, suck or otherwise eat the said orange or to
give away the same, with or without its skin, pulp, pit, rind,
seeds or juice.”
 Lawyers and Plain English

“Lawyering is a craft at the center

of which is communication. It is
an art that requires accuracy and
precision.”
 TIP # 1: Omit Surplus Words
(Logorrhea/Prolixity/Circumlocution)
• A great number of lawyers today still write as
if they are being paid based on the quantity of
words they put into their pleadings.
EFFECT:
• Judges get annoyed.
• Gives the impression that the lawyer is
simply after more money.
• Old School.
 TIP # 1: Omit Surplus Words
(Logorrhea/Prolixity/Circumlocution)
Examples: • Actual fact
• Unless and until • True fact
• Adequate enough
• On or before
• Current status quo
• Merge together
• False pretense
• Early beginnings
• Free gift
• Past experience
• Future plans
• 12 midnight • Outward appearances
• 12 noon • Repeat again
 TIP # 1: Omit Surplus Words
(Logorrhea/Prolixity/Circumlocution)
Examples:
• Revert back • Repay back
• Return back
• Well respected
• Sum total
• Sworn affidavit • Whether or not
• Up until
•Vitally important
 TIP # 2: Use the Active Voice and
Base Verbs.
Base Verbs v. Derivative Nouns and Adjectives
• Base verbs - verb in the purest form.
• Lawyers love to ruin base verbs!
• We don't act, we take action.
• We don't assume, we make assumptions.
•We don't conclude, we draw conclusions.
 TIP # 2: Use the Active Voice and
Base Verbs.

• Gerunds
- a verb used as a noun with “ing”

Examples:

• I love singing.
• The court believes in keeping records intact.
 TIP # 2: Use the Active Voice and
Base Verbs.
Active Voice vs. Passive Voice
Some think that passive voice sounds more
scholarly.
Problem:
• The use of passive voice generally requires more
words.
• The passive voice is indirect, limp, and weak.
• However, it has its own use.
• “Jamie was killed” vs. “Cersei killed Jamie”
Exercise No. 2 - Re-write the sentences
using the active voice
Exercise No. 2 - Re-write the sentences
using the active voice
TIP # 3: Use Concrete Words
Use of Abstract Words
• Habit of lawyers.
• Just be cautious and cover every possibility, while
leaving room to wiggle out if necessary.

• But…
• Abstract words or phrases have their use:
• Laws
• Decisions
TIP # 3: Use Concrete Words
Examples:
• As a matter of fact • Until such time as
• At the present time
• Because of the fact that
• In regard to
• With respect to
• In spite of the fact that
• On two separate occasions
 Abstractionism
• Excessive use of big,
general words like
Structure
equality, justice, House
grave abuse of
Shed
discretion, executory,
commenced, or Shack with
jurisdiction. makeshift
walls
• Results to vagueness
and meaninglessness.
Exercise No. 3 - Re-write the sentences to make
their meanings less vague and more concrete.
 TIP # 4: Avoid Legalisms
• Lawyers love to use Latin or archaic English
phrases even if unnecessary.
• Reason 1: Habit or haste - the old phrase is the one
learned in law school and no time to question its use.
• Reason 2: Belief that the meaning cannot be expressed
in ordinary English or the meaning is more precisely
presented in the old phrase.
• PROBLEM: No longer applicable in modern times.
• Simplicity, Clarity, Accuracy.
 TIP # 4: Avoid Legalisms
• Legal Cliches…
• We humbly submit that the answer to the foregoing query
is a resounding no.
• The argument is untenable.
• Petitioner respectfully submits that respondent court
gravely abused its discretion.
• Old English…
• In the case at bar…
• The requirements are, to wit:
• When the witness saw the ceiling on fire, he was alarmed
thereby. But the door lock had jammed, so by reason thereof,
he left through the window.
TIP # 5: Avoid Equivocations
Make direct statements vs.
Deliberately ambiguous ones

• “It seems to indicate”

• “If practicable”

• “It appears”

• “I think”
Exercise No. 4 - Re-write the sentences to
make them more deliberate and certain.
 TIP # 6: Avoid Using Figures of
Speech and Idioms in Legal Writing
• Figures of speech are usually used in Legal Writing as
a tool for achieving emphasis.
“[T]he law does all that is needed when it does all that it
can.”
-Holmes, J., Buck v. Bell, 274 U.S. 200, 208 (1927)

“The petitioner is gone, felled by a hail of bullets sprayed

with a deadly purpose by assassins whose motive is yet to
be disclosed. The private respondent has disappeared with
the ‘pomp of power’ he had before enjoyed.
-Cruz, J., Javier v. Comelec, G.R. Nos. L-68379-81, (1986)
 TIP # 6: Avoid Using Figures of
Speech and Idioms in Legal Writing

• Make direct statements

• Cold-blooded decision; The wind howled.

• Avoid metonymy (substituting an attributive or

suggestive word for the word identifying the person or
thing.
• The Palace declared it a holiday. - - The President declared
it a holiday.
 TIP # 6: Avoid Using Figures of
Speech and Idioms in Legal Writing
Personification (Attributing human
characteristics to an inanimate object)
• “Opportunity knocks at the door”

• “Your smile brightens my day”

• “The sun chased away the dark clouds”

 TIP # 6: Avoid Using Figures of
Speech and Idioms in Legal Writing
Simile (Comparing two unlike things)
• uses as, like
• “My love is like a burning fire”
• “Life is like a box of chocolates”
• “As busy as a bee”
• “As cold as ice”
 TIP # 6: Avoid Using Figures of
Speech and Idioms in Legal Writing
Metaphor (A thing is used in place of something)
• “Love is a battlefield”
• “My life is an open book”
• “She is an angel”
• “The test was murder”
• “He is a cool cat”
 TIP # 6: Avoid Using Figures of
Speech and Idioms in Legal Writing
Dead Metaphor
• Cliche, imager y has lost its power
because it has become commonplace.
“It’s raining cats and dogs”
“Heart of gold”
“Dead as a doornail”
 TIP # 6: Avoid Using Figures of
Speech and Idioms in Legal Writing
Portmanteau (Linguistic blend of words)
• Smog: smoke + fog
• Brunch breakfast + lunch
• Motel: motor + hotel
• Spork: spoon + fork
• Skort: skirt + shorts
 TIP # 6: Avoid Using Figures of
Speech and Idioms in Legal Writing
Oxymoron (Uses 2 Contradicting Ideas)
• “Deafening silence”
• “Bittersweet”
• “Sound of silence”
• “Old news”
• “Small crowd”
 TIP # 6: Avoid Using Figures of
Speech and Idioms in Legal Writing
Idiomatic Expressions
• “Break a leg”

• “Killing two birds with one stone”

• “A picture is worth a thousand words”

• “He ran like the wind”

 Exercise No. 5 - Re-write the sentences to
make them more technical, than imaginative.
 Exercise No. 5 - Re-write the sentences to
make them more technical, than imaginative.
 Guidelines in
Drafting Decisions
and Resolutions
“No decision shall be rendered by
any court without expressing
therein clearly and distinctly the
facts and the law on which it is
based.”

(Article VIII, Section 14, 1987 Constitution)

Essential Tools in Writing Decisions
and Resolutions
• Reading: Gather all relevant materials,
factual and legal.
• Research: Goes with writing.
• Note-taking: Employ a system for ease and
facility of reference.
• Analyzing, Sorting, Labeling: Assess
each material and its utility; sequencing.
• Summarizing: For long materials.
• Choosing: What to use, what to include.
Basic Structure for Judicial Writing
Introductory Paragraph
(Optional but Advised)

• A good introduction should clearly identify the

object of the writing and the issue/s to be
addressed. It should provide the reader with a
basic idea of what the work is going to be about.
This is like the preview or “sneak peek” of a full
length movie.
Basic Structure for Judicial Writing
Antecedents
(The Background)
• Pro ce d u ra l A n te ce d e n t s ( n o t a l w a y s
necessary). It is important to include a statement
of material dates. Stress is placed on materiality.

• This gives the work product its own history and

t h i s h i s to r y p l a ce s t h e w r i t te n w o r k i n
perspective for both the writer and the reader.
Basic Structure for Judicial Writing
Antecedents
(The Background)
• Factual Antecedents. A chronology of
undisputed events is crucial to the ultimate
disposition in any legal writing. This chronology
must be as accurate and as objective as it can be.
Again, the test of relevance is the key.
• The writer has a choice of laying down the facts
in narrative or in reportorial form.
Basic Structure for Judicial Writing
• Narrative Form. The writer relates the facts like a
story, from beginning to end as it happened, in
sentences grouped in paragraphs, which mark
transitions or important stages in the story. This is
best used in cases with simple facts.
• Reportorial Form. The writer is dealing with
complex and compound facts that require some
organization to present a logical developing
s e q u e n ce . He n ce , t h e r e s o r t to n u m b e r o r
“bulleting,” and subparagraphs.
Basic Structure for Judicial Writing

• In either case: Always cite the source of

the fact being related, whether from a law
or r ule, an annotation, or a party’s
admission, or a documentary exhibit.
Basic Structure for Judicial Writing
Issues
(The Problem)
• Factual Issue. When the parties dispute the
existence of a thing or the occurrence of an event.
E.g. Whether or not the petitioner filed the petition
seasonably.
• Legal Issue. When, although there is no dispute
between the parties as to the existence of a fact or
the occurrence of an event, they agree over its legal
consequences. E.g. Whether the petition is beyond
the jurisdiction of the court.
Basic Structure for Judicial Writing
Discussion
(Answering the Problem)
• The discussion is nothing more and nothing less
than the salient law and authorities applied to the
facts of the case.

• Whatever style you choose, your discussion should

include: a) the law; b) your findings and theory on
disputed facts; c) the conclusion.
Basic Structure for Judicial Writing
Discussion
(Answering the Problem)
• A good rule to observe in any discussion is to: a)
start off with the context or proposition you are
making; b) go into the details supporting it; and c)
lead up to the conclusion.
• If the discussion is lengthy, employ headings or sub-
headings, following the same format with each sub-
discussion.
Basic Structure for Judicial Writing
Conclusion
(The Answer to the Problem)
• Disposition. After the discussion, the writer must
wrap up the written work with a concluding
statement or paragraph. This should clearly delineate
the stand of the writer on the particular issue taken
up. If the addressee of the written work is required
to do anything in response, that should be
mentioned in this portion, even if already previously
mentioned in the other parts of the writing.
Some Tips in Drafting Decisions and
Resolutions
• Font type and size should be uniform
throughout, save for footnotes and
quotes.

• When citing two or more cases in a

series, start with the latest down to
the oldest.
Some Tips in Drafting Decisions and
Resolutions
• Citations should follow the Blue Book
International Manual for citing:

Examples:
• Santos v. Cruz, 520 SCRA 12 (2013).
• Santos v. Cruz, G.R. No. 523456, 28 October
2018.
Some Tips in Drafting Decisions and
Resolutions
• Use italics, underscoring or bold font
for parts of the quote that needs
emphasizing. Use them sparingly.

• When you use emphasis not originally

part of a quote, write: “italics supplied”
OR “underscoring supplied” OR
“emphasis supplied.”
Some Tips in Drafting Decisions and
Resolutions
• Use the active voice as much as
possible.
Example:
“The RTC declared defendant-appellant in
default, and judgment was rendered against him.”
RATHER THAN
“Judgment was rendered in favor of plaintiff-
appellee.”
Some Tips in Drafting Decisions and
Resolutions

• Decide if you want to write in the first

person (“We”), or in the third person
(“the court”), and stick to that voice
throughout.
Some Tips in Drafting Decisions and
Resolutions

• Avoid using different and confusing

designation for parties. At the outset,
decide what designation you will use for
each party and/or office involved, and
use it consistently throughout. Use the
shortest and simplest designation that
is easiest to remember.
Some Tips in Drafting Decisions and
Resolutions
Examples:
• Plaintiff-Appellant Juan dela Cr uz =
“Plaintiff-Appellant” or “Appellant” or
“Juan” or “dela Cruz”

• Regional Trial Court = “Lower Court” or

“Trial Court” or “RTC”
Some Tips in Drafting Decisions and
Resolutions
• Spell out the numbers one to ten without
having to use the corresponding numerals
after them.
•All numbers above ten are written in
numerals.

• Use two spaces after every period and a

single space after every comma.
 Some Tips in Drafting Decisions and
Resolutions
• In the dispositive portion of the Decision, if
the case is an appeal, write:
“the appeal is GRANTED, the Decision of the
RT C i s R E V E R S E D. ” O R “ t h e a p p e a l i s
D E N I E D, t h e D e c i s i o n o f t h e RT C i s
AFFIRMED.”
OR
“the appeal is GRANTED IN PART in so far as
… In all other matters, the Decision of the RTC is
affirmed.”
 Some Tips in Drafting Decisions and
Resolutions
•If the case is an original action via a petition,
write:
“the petition is GRANTED, the Order of the
RTC is SET ASIDE/NULLIFIED/DECLARED
VOID” -not “REVERSED”
OR

“the petition is DISMISSED”

-not “AFFIRMED”
 Style

“Sometimes men become intoxicated with the

exuberance of their own verbosity.”
-Disraeli’s phrase of Gladstone

• “Style” is the art of exacting a well-balanced writing that

flows effortlessly and gives the reader the feeling that the
writer knows the subject. (Fogiel) It is the manner a writer
expresses his ideas.