Joshua E.

Morcisa
JD 1-4

Legal Writing

A. Types and Categories of Legal Writing

Legal writing is any type of writing within the legal profession that seeks to confer legal
information to others that is usually clear, concise, and above all, accurate.1

I. Types of Legal Writing

There are two types of Legal Writing, namely:

a. The first type requires a balanced analysis of a legal problem or issue. Examples of
the first type are interoffice memoranda and letters to clients. To be effective in this form
of writing, the lawyer must be sensitive to the needs, level of interest and background of
the parties to whom it is addressed. A memorandum to a partner in the same firm that
details definitions of basic legal concepts would be inefficient and an annoyance. In
contrast, their absence from a letter to a client with no legal background could serve to
confuse and complicate a simple situation.2

b. The second type of legal writing is persuasive. Examples of this type are appellate
briefs and negotiation letters written on a client’s behalf. The lawyer must persuade his
or her audience without provoking a hostile response through disrespect or by wasting
the recipient's time with unnecessary information. In presenting documents to a court or
administrative agency he or she must conform to the required document style.3

II. Categories of Legal Writing

There are two broad categories of Legal Writing:

a. Legal Analysis

1. Predictive Analysis - a predictive document deals with a legal question in three

ways:

1
Cornell Law School Legal Information Institute, Legal Writing, available at
https://www.law.cornell.edu/wex/legal_writing (last accessed April 5, 2024).
2
Id.
3
Id.
 i. Analysis - the facts and law are analyzed and studied closely. The facts
are then applied to the law (or jurisprudence), and they are interpreted
according to the meaning of the law.

ii. Prediction - the outcome of the legal question, whether positive or

negative, is predicted.

iii. Recommendation - the writer, based on the facts and law, gives his
advice or recommendation as to what is the best line of action under the
circumstances.

2. Persuasive Analysis - a persuasive document attempts to persuade a judge,

arbiter or any other deciding authority to decide the case in favor of the writer’s
client.

b. Legal Drafting

This is the functional type of legal writing. Here, the writer creates a legally binding
document or uses an already available template found in Legal Forms handbooks. Among the
examples are : contracts, deeds (e.g. of sale or mortgage) wills and testaments for private
persons, and laws, regulations and ordinances which bind the public in general.

Legal Drafting requires no legal authority.4

B. Types and Categories of Legal Writing

One must master the rules on the parts of a speech such as nouns, pronouns, verbs,
adjectives, adverbs, prepositions, modifiers, conjunctions or connectives, and interjections. A
mastery of grammar, syntax, and semantics is also a basic skill.

a. Elementary Rules of Usage

1. Forming the possessive singular of nouns by adding 's.

2. In a series of three or more terms with a single conjunction, using a comma after
each term except the last.

3. Enclosing parenthetic expressions between commas.

4. Placing a comma before a conjunction introducing an independent clause.

5. Using a semicolon to enjoin independent clauses.

4
GIL MARVEL TABUCANON, LEGAL WRITING: A COMPETENCY BASED APPROACH 2 & 3 (2010).
 6. Using periods instead of commas when the sentence is complete (not breaking a
sentence into two.

7. Using a colon after an independent clause to introduce a list of particulars, an

appositive, an amplification, or an illustrative quotation.

8. Using a dash to set off an abrupt break or interruption and to announce a long
appositive or summary.

9. Determining the number of the subject to determine the number of the verb.

10. Using the proper case of pronoun.

11. Using a participial phrase at the beginning of a sentence to refer to the grammatical
subject.5

b. Elementary Principles of Composition

1. Choosing a suitable design and hold to it.

2. Making a paragraph the unit of composition.

3. Using the active voice which is more direct and vigorous than the passive.

4. Putting statements in positive form.

5. Using definite, specific, concrete language.

6. Omitting needless words.

7. Avoiding a succession of loose sentences.

8. Expressing coordinate ideas in similar form.

9. Keeping related words together.

10. Keeping to one tense in summaries.

11. Placing the emphatic words of a sentence at the end.6

5
William Strunk Jr. & Elwyn Brooks White, The Elements of Style, 13 (4th ed. 2000).
6
Id.
 C. Characteristics of a Good Writer/Good Writing7

Here are the qualities of a good writer possess:

1. Clarity and focus - In good writing, everything makes sense and readers don’t get lost or
have to reread passages to figure out what’s going on. Focused writing sticks with the
plot or core idea without running off on too many tangents.

2. Organization - A well organized piece of writing is not only clear, it’s presented in a way
that is logical and aesthetically pleasing. You can tell non-linear stories or place your
thesis at the end of an essay and get away with it as long as your scenes or ideas are
well ordered.

3. Ideas and themes - Is the topic of your paper relevant? Does your story come complete
with themes? Can the reader visualize your poem? For a piece of writing to be
considered well crafted, it has to contain clearly identifiable ideas and themes.

4. Voice - This is what sets you apart from all other writers. It’s your unique way of stringing
words together, formulating ideas, and relating scenes or images to the reader. In any
piece of writing, the voice should be consistent and identifiable.

5. Language (word choice) - We writers can never underestimate or fail to appreciate our
most valuable tools: words. Good writing includes precise and accurate word choices
and well crafted sentences.

6. Grammar and style - Many writers would wish this one away, but for a piece of writing to
be considered good (let alone great), it has to follow the rules of grammar (and break
those rules only when there’s a good reason). Style is also important in ensuring that a
piece of writing is clear and consistent. Make sure you keep a grammar book and style
guide handy.

7. Credibility or believability - Nothing says bad writing like getting the facts wrong or
misrepresenting oneself. In fiction, the story must be believable (even if it’s impossible),
and in nonfiction, accurate research can make or break a writer.

8. Thought-provoking or emotionally inspiring - Perhaps the most important quality of good

writing is how the reader responds to it. Does she come away with a fresh perspective
and new ideas? Does he close the cover with tears in his eyes or a sense of victory?
How readers react to your work will fully determine your success as a writer.

7
Melissa Donovan, Eight Characteristics of Good Writing, Writing Forward, Dec 2, 2021, available at
https://www.writingforward.com/better-writing/characteristics-of-good-writing (last accessed April 7, 2024).
 D. Efficient Use of Paper Rule8

Promoting a paper-less Judiciary to protect the environment, the Supreme Court En

Banc has recently issued the Efficient Use of Paper Rule, which will maximize the use of every
sheet of paper in rulings to be issued by the court and in the pleadings to be filed by parties.

In promulgating the Rule, the Court noted that there is a need to cut the judicial system’s
use of excessive quantities of costly paper, save our forests, avoid landslides, and mitigate the
worsening effects of climate change that the world is experiencing.

Under AM No. 11-9-4-SC (the Efficient Use of Paper Rule), the Court, under Chief
Justice Maria Lourdes P. A. Sereno, has required that all pleadings, motions, and similar papers
intended for the consideration of all courts and quasi-judicial bodies under the supervision of the
Supreme Court shall be written in single space with a one-and-a-half space between
paragraphs, using an easily readable font style of the party’s choice, of 14-size font, and on a
13-inch by 8.5-inch white bond paper.

All decisions, resolutions, and orders issued by courts and quasi-judicial bodies under
the administrative supervision of the High Tribunal, as well as reports submitted to the courts
and transcripts of stenographic notes, shall comply with the said requirements.

All court-bound papers to be submitted by every party shall likewise maintain a left hand
margin of 1.5 inches from the edge; an upper margin of 1.2 inches from the edge; a right hand
margin of one inch from the edge; and a lower margin of one inch from the edge. Every page
must be consecutively numbered.

The Rule also specified the number of court-bound papers in a particular court that a
party is required or desires to file unless otherwise directed by the court.

E. Use of Gender Sensitive Language - Guidelines on the Use of Gender Fair

Language in the Judiciary and Gender Fair Court Etiquette9

The purpose of the guidelines is to eliminate exclusion and discrimination based on

gender or sexual orientation and promote inclusivity and respect in all first and second-level
courts.

a. Importance of Gender-Fair Language

1. The guidelines recognize the importance of transforming language from traditional usage
to a more liberating and gender-sensitive one.

8
Re: Guidelines A.M. No. 11-9-4-SC (2023).
9
A.M. No. 21-11-25-SC (2002).
2. Sexist language devalues members of one sex, particularly women, and contributes to
gender inequality.

3. Gender stereotypes based on unfounded generalizations about the characteristics and

roles of binary and non-binary genders can influence the perspectives of judges and
litigants.

b. Salient Features of the Guidelines

1. The guidelines promote the use of gender-fair language and eliminate language that
excludes or trivializes persons of another gender or people with diverse sexual
orientation, gender identity and expression, and sex characteristics (SOGIESC).

2. It prohibits language that fosters unequal gender relations and sexist language in quoted
material.
3. A list of gender-fair terms is provided to replace outdated terms. For example, "human
being/human," "spokesperson," and "diplomats/political leaders" should be used instead
of "man," "spokesman/spokeswoman," and "statesmen."

c. Courtroom Etiquette

1. Judges and court personnel should address all lawyers neutrally as "counsel" or
"attorney."

2. Non-lawyer litigants, witnesses, and other court users should be addressed as "Mister,"
"Mrs.," or "Miss," "Sir," or "Ma'am" as appropriate.

3. Words like "little boy," "little girl," "hijo/ijo," or "hija/ija" should be avoided when
addressing minors, and their first names or nicknames should be used instead.

4. Any act or proceeding that demeans, embarrasses, humiliates, or degrades any party
based on gender is prohibited.

5. Justices, judges, court personnel, and litigants are all responsible for observing
gender-fair language and etiquette in the courts.

6. Any gender-insensitive acts or omissions should be courteously but discreetly corrected

in the most respectful manner.