CHAPTER II:

SIMPLICITY
ELEMENTS
OF LEGAL SIMPLICITY - write plainly and simply. Use
WRITING short sentences and omit unnecessary words.

Example:
“The herein plaintiff is willing and ready to give a bond pursuant to the
Rules of Court executed in favor of the defendant in the instant case in an
amount double the valuation of the subject personal property above
described, and for the return of the same property if the return thereof be
adjudged, and for the payment to the same defendant of such amount as
he may recover from the plaintiff in the herein action.”

Shortened form:
“The plaintiff is willing to give a bond double the value of the property.
He likewise undertakes to return the property to the defendant or pay
him such amount if adjudged to do so.”
RULES
1. AVOID WORDY EXPRESSIONS
• Simpler construction is preferred than
using too many words to express an idea.

2. AVOID ELABORATING ON THE OBVIOUS

• Do not expand or restate the obvious.

3. GET TO THE POINT

• Omit unnecessary preliminaries.
RULES 4. AVOID TAUTOLOGY
• Avoid unnecessary repetition of an idea in different
words.

5. ELIMINATE CERTAIN PHRASES

• Wordy sentences may be shorter by eliminating THERE, THAT,
WHICH, WHO IS, AS TO, IT, ONE, THE FACT THAT. A phrase may
be converted to a word or be eliminated altogether.

6. MINIMIZE THE USE OF CONNECTIVES AND

RELATIVE PRONOUNS
• A connective is a word or phrase that links clauses
or sentences.
a. COORDINATE CONJUNCTIONS
b. SUBORDINATE CONJUNCTIONS
CHAPTER III:
CLARITY
 I. Clarity in writing results when the writer is able to
CLARITY express exactly what he wants to be reflected on his
work. It refers to the cleanliness of one’s logic and
arguments.

II. USE FAMILIAR AND CONCRETE WORDS

• Plain meaning is a by product of the use of definite and
concrete language. The use of highfalutin words is often an
attempt to cover one’s inability to be definite and specific.

Example:
Abstract: She sustained bereavement of her paternal relative
Concrete: Her father died.
 III. AVOID WIDE GAPS BETWEEN SUBJECT,
CLARITY VERB AND OBJECTS
A. Gap
• A sentence normally consists of a subject and a verb with the
object following the verb.

B. Modifying Modifiers
• Avoid “nested modifiers” which modify modifiers.

Example:
Poor: Maria, who at that time was carrying a bundle of newly rinsed
clothes some of which belong to plaintiff’s son, while trying to escape
through the back gate, was caught by the plaintiff there.”

Improved: Maria was caught by the plaintiff at the back gate as she
tried to escape. She carried a bundle of newly-rinsed clothes, some of
which belonged to the plaintiff’s son.
 IV. AVOID MISPLACED OR DANGLING
CLARITY MODIFIERS
A. Concept
• A modifier is a word or phrase that describes or gives more detail about
the concept. A dangling modifier attempts to clarify a word not clearly
stated in the sentence.

When a modifier is misplaced, the meaning changes since the

modifier appears to describe the wrong thing.

B. Rules in revising dangling modifiers

1. Place single word modifiers near the word or phrases that they modify,
especially if the modifier tends to describe the wrong word.
2. Place the modifying phrase or clause closest to the word it modifies.
Misplacing modifiers next to the wrong word often accidentally changes the
meaning of the sentence.
3. By categorically naming the doer, a dangling modifier can be eliminated.
 IV. AVOID THE AMBIGUOUS PRONOUN
CLARITY REFERENCE

A. Concept
• Careless use of pronouns can result in ambiguity
problems. This occurs when the writer allows multiple
antecedents as possible reference to a single person.

B. Rules in revising dangling modifiers

1. To avoid confusion, one must rephrase the sentence to
clearly identify the antecedent.
2. Demonstrative pronouns such as this, that, these,
them, should only be used when the antecedent is definitely
established.
 VI. PUNCTUATIONS MUST AVOID, NOT
CLARITY CAUSE AMBIGUITY
Punctuations are marks in written communication used
to help the reader better understand the material.

VII. RULES IN CLEAR WRITING

A. Be clear on your point
B. Make sure your point is communicated at once
C. Have a structure. This is where you put your data,
analysis and argument
D. Observe grammatical rules
E. Be precise
F. Be consistent
G. Be logical and clear in your argument
 CHAPTER IV:
PERSUASIVENESS
PERSUA-
SIVENESS I. PERSUASION
is a process where people are guided towards the adoption
of an idea or course of action. In legal writing, a persuasive
document attempts to influence the deciding authority to
favorably decide the case in favor of one’s client.
II. MODES OF LEGAL REASONING
Reasoning is the process of drawing conclusions from facts
or evidence.

A. Rule-based reasoning
The conclusion is reached by analyzing and applying the law,
rule or legal principle.
MODES B. Analogical (and, by extension, the
OF LEGAL
REASONING
“counter-analogical”) reasoning

Three possible types of analogical argument:

1. Arguing from precedent – conclusion is reached by showing
similarities between the case decided by the Supreme Court
and the case of the client.
2. Argument of same legal application – if the law applies to
one area, it may be understood to apply to other similar
a. Mutatis areas.
Mutandis – this happens when one compares multiple
situations having multiple variables where some variables remain constant,
while others are allowed to be changed.

3. Argument using common sense analogy – Analogical arguments may be

used by starting with something that everyone accepts.
b. Counter-analogical reasoning – concludes by pointing out relevant
differences between the case and the client’s facts.
MODES
OF LEGAL
REASONING

C. Policy-based reasoning
reaches a conclusion by connecting the facts of the case to
the state’s existing policy, i.e., what would be best for the
society at large.

D. Narrative reasoning
the conclusion by telling a story that shows the context,
description and perspective that appeals to commonly-held
ideas of justice, mercy or fairness.