UNIT 1

INTRODUCTION TO L.A.A.W
 Learning Objectives
• Appreciate the importance of Legal writing

• Understand the distinguishing factors of Legal Writing

• Utilize Prewritting considerations

• Differentiate between an Essay question and a problem

question
 What is Legal Writing?

• Legal writing is a type of technical writing used by

legislators, lawyers, judges, and others in law to express
legal analysis and legal rights and duties. It’s
distinguishing features include reliance on formality and
citation to authority, specialized vocabulary or jargon,
and over formality
 Distinguishing Features
• AUTHORITY
• Legal writing places heavy weight to authority. This is so because the law
operates with reference to authority. In most legal writings, the writer
must back up assertions and statements with proper reference to
authority. This is particularly the case when one is writing articles,
teaching materials, books and essays. Here the authority may pertain to
rules, custom or contract, as the case may be. In the common law legal
system precedents (i.e. judgments of higher courts) are also invoked as
authorities.
.
• CITATION

• The legal profession has its own unique system of

citation. While it serves to provide the experienced reader
with enough information to evaluate and retrieve the cited
authorities, it may, at first, frustrate a lay reader. Every
legal school, no matter whether it has adopted its own
code of citation, requires proper use of citation.
.
• WHAT MAY BE CITED?

In legal writing, ideas and/or facts incorporated in books or

articles are the subjects of citation. Thus any one who has taken
facts or ideas from the work of another would be bound to show
his sources through proper ways of citation. Primarily, the purpose
of citation is to enable reader‘s use and refer to the sources that
the writer has used. But equally important it ensures that the
writer has not misappropriated the work of another author.
.

• VOCABULARY

Legal writing makes extensive use of technical terminology. This

distinctive vocabulary can be classified in four categories

• 1. Specialized words and phrases unique or nearly unique to law, such

as tort, fee simple, and novation.

• 2. Everyday words that when used in law have different meanings

from the everyday usage, such as action (a lawsuit, not movement),
consideration (support for a promise, not kindness), execute (to sign,
not to kill), and party (a principal in a lawsuit, not a social gathering).
.

• 3. Archaic vocabulary: legal writing employs a fairly large number of outdated

words and phrases that were formerly part of everyday language but are today
rare except in law. Some date from the 1500s. Most are long-abandoned outside
the law. Some English examples are herein, hereto, hereby, heretofore, whereas,
whereby, and wherefore; said and such (as adjectives).

• 4 Loan words and phrases from other languages: In English, this includes terms
derived from French (such as estoppel, laches, and voir dire) and Latin(both
terms of art such as certiorari, habeas corpus, and prima facie; and non-terms
of art such as inter alia, mens rea, and sub judice). These foreign words are
written in italics or other distinctive type as is customary when foreign words
appear in other English writing.
 .
• Formality
• The three preceding features bring to legal writing a high level of formality. The resort to
authorities that were created long ago can lead lawyers to follow an older and more formal
style of writing. The use and re-use of form documents without updating their language also
perpetuates a formal style of writing.

• While legal vocabulary and sometimes verbose sentences make legal writing a difficult read
for non-attorneys, they are in many cases necessary. The primary purpose of legal writing is
to provide a thorough and precise document to serve a need for formal documentation. By
following the tried and true path of formal legal writing, a document will leave very little to
interpretation. Using a less formal, more reader friendly format makes it more difficult to
ensure the document is clear cut in its intentions.
 First Person Appropriate Style

In this essay, I am going to explain the This essay will outline the elements that are
elements that are necessary to prove the necessary to prove the validity of a contract
validity of a contract.

(a) Alternatively, one could argue that… (a)Alternatively it could be argued that…
(b) It is my opinion that… (b) It can be said that…

I have come to the conclusion that the It can be concluded that the elements that are
elements that are necessary to prove the necessary to prove the validity of a contract are…
validity of a contract are…
 Prewritting Considerations

Before you start writing a full document, identify your

audience and your purpose, and define and research the
issues presented as well as time constraints.
 Identify your audience

Lawyers prepare a wide rang of writings of a diverse group of

recipients.

•  To whom the document is directed;

•  The level of legal expertise of that person or persons; and

•  The degree of that person or persons familiarity with the

subject.

Don‘t make assumptions when determining the audience.

 Identify Your Purpose

In order to draft any effective writing, you must identify your purpose.

• Do you want to update a client on the status of a lawsuit?

• Do you want to convince a court that your client‘s position should prevail in
a pending motion?

• Are you summarizing a deposition transcript?

• Are you writinging an academic paper?

Depending on your purpose, your approach to the task will differ markedly. It
is therefore critical that you identify this purpose before you begin drafting.
Strategies for different writing
purposes
• To Inform • To Persuade

• 1. Identify audience • 1. Identify audience

• 2. Determine extent of audience • 2. Determine relevant
knowledge information
• 3. Research relevant information • 3. Research relevant information
• 4. Determine what you desire to • 4. Emphasize positive
communicate information and present in most
favorable light
• 5. Convince audience that your
position is the better position
 TYPES OF WRITING IN LAW
SCHOOL
• ESSAY
• An essay is a short formal piece of
writing that is usually on one subject.
It requires the author to give an
informative piece of writing on the
selected topic.
• The student must explain, compare
and contrust, or outline information on
a specific topic.
• PROBLEM QUESTION
• This is one that requires the student to
come a conclusion over a legal issue, after
relying on relevant authorities and facts.
• The student must define the issues
presented and conduct the research
necessary to address these issues. The
most common and simple techniques in
defining issues is the IRAC method.
 PLAN
Organizing the document might be considered your final prewriting consideration in the
writing stage itself. Your plan of organization provides the blue printing by which your
document will be crafted.

The best method of organizing a legal document is by outlining. An outline is the skeleton
of a legal argument, advancing from the general to the specific. It is intended to help you to
critically examine your approach, leading to a document that flows logically to a conclusion
which accomplishes your purpose. An outline will assist you in

•  Focusing on logical development

•  Preventing critical omissions; and

•  Evaluating how well you accomplish your purpose

Outlining is an effective method to focus and strengthen your document. It provides a

END
QUESTIONS?