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School of Law

RESEARCH AND WRITING SKILLS


(LW1RWS)

Writing Skills
Steve Samuel s.samuel@reading.ac.uk

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WRITING

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DISCUSSION

• Identify examples of writing


• Discuss whether those examples were
examples of ‘good or bad’ writing.
• Why were they good or bad?
EXAMPLES OF ACADEMIC WRITING
1. Writing Essays
2. Answering Problem Questions
3. Writing Extended Essays
(LW2LWC – Legal Writing Credit;
LW3RWC – Research Writing
Credit; LW3DUG – Dissertation)

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EXAMPLES OF LEGAL WRITING?
• Letter of advice to a client
• Letter to the ‘other side’ in legal proceedings
• Legal opinion
• Research memo
• Claim form
• Subsequent ‘pleadings’
• Statement of Agreed Facts
• Skeleton argument

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APPROACH IN LW1RWS

LW1RWS assessment content: closest to


‘answering problem questions’
Assessment Form: TWO different ways.
1. Letter
2. Legal Opinion
HOW IS LEGAL WRITING
DIFFERENT
FROM ACADEMIC WRITING?
Academic Writing Legal Writing

Demonstrate your knowledge & Present facts and points of law.


understanding of the law.

Defined structure. Know your audience.

Analytical skills. What does your client already


know?

Reasoning and arguments. The language you use will


depend on the reader.
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You act: SRA PRINCIPLES
1. in a way that upholds the constitutional principle of the
rule of law, and the proper administration of justice.
2. in a way that upholds public trust and confidence in the 
solicitors' profession and in legal services provided by 
authorised persons.
3. with independence.
4. with honesty.
5. with integrity.
6. in a way that encourages equality, diversity and
inclusion.
7. in the best interests of each client.
https://www.sra.org.uk/solicitors/standards-regulations/index/
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• The BSB Handbook, Part 2 Code of Conduct, Part 2-
C The Conduct Rules
• Clients receive a competent standard of work and
service.
• Clients’ best interests are protected and promoted by
those acting for them.
• Clients know what to expect and understand the advice
they are given.
• Clients have confidence in those who are instructed to
act on their behalf.
• Clients are adequately informed as to the terms on which
work is to be done.
https://www.barstandardsboard.org.uk/the-bsb-handbook.html

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LEGAL LETTERS
DETAIL AND ACCURACY MATTER!

• Use Template (available on Blackboard: under


Source Documents – Documents for Part A of the
RWS Assignment).

• Get the TITLE right:


• Sir/Prof/Dr/Revd/Mr/Mrs/Ms/Miss.

• Spell their name correctly:


• e.g. Mr Jeffery
• … not Mr Jeffrey, Mr Jefferies, Mr Jeffries, Mr
Jeffriss.
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LEGAL OPINIONS
• Note that you are addressing a different audience here from in a letter.
• Letter: expert advising a lay person.
• Opinion: expert / specialist addressing a generalist

• Use IPAC – See Legal Skills Guide.

• Clarify instructions.

• Set out relevant background facts.

• Provide a reasoned discussion of the issues.

• Give an answer to each question.

• Be practical – what is the next step?


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TIPS FOR GOOD WRITING
• Show care – research, draft, edit, proof read
• Audience – who are you writing for, what is the purpose?
• Expression – simple language, clear structure, get content – i.e.
THE LAW - correct
• https://www.sra.org.uk/solicitors/guidance/client-care-letters
/
• http://www.plainenglish.co.uk/campaigning/past-campaigns/
legal.html
• https://boyerlawfirm.com/blog/contract-typos-errors-disaster
/

• https://www.law.du.edu/documents/aap/writing-tips-nominal
izations.pdf

• https://www.lawsociety.org.uk/topics/blogs/7-legal-writing-
mistakes-to-avoid
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• https://www.pinsentmasons.com/out-law/news/the-case-of-t
he-million-dollar-comma
WHAT NEXT?
• Read further The LW1RWS Handbook contains recommended readings and
sources. You should also search the library – both electronic and physical
resources. Useful search terms to start with: legal writing, legal skills, legal
methods

• Get ready for the assessments The assessment requires


you to develop a legal letter and legal opinion for a
fictional client. You would need to pay attention to what
issue you need to address for the client. This requires
some research on a legal issue. Furthermore, significant
care and effort with drafting documents that are clear,
comprehensive and accurate.
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