Abeleda, Maria Claireana A.
JD Block 2
1. What is legal writing?
In the legal profession, writing is very important. It shows your legal prowess, your way
with words and your command of both the English language and your knowledge of the law. Legal
writing is a type of technical writing skill used by lawyers, judges, legislators, and others in the
law profession. They use this technique to express legal analysis, legal rights, and duties. It is used
by an advocate when expressing the resolution of a client’s legal matter. Therefore, it is very
important to express yourself clearly and with suitable words when writing a legal statement.
(Source: https://www.academicwritersbureau.com/blog/362-types-of-legal-writing-2)
2. What are the classifications and categories of legal writing?
Types of Legal Writing
Informative Writing conveys information on an issue involving the law or
a person’s legal rights. This type of writing does not take sides. Its goal is
objective communication by predicting the law’s “path” vis-à-vis a set of
fact regardless of who is involved.
Examples: memoranda, letters to client and statement of facts in brief
Persuasive Writing convinces the reader to accept a certain viewpoint.
Here, the writer argues for a particular side or perspective. He is expected
to use available legal tools to support his theme. These may be pieces of
evidences offered in court, sections of the law, decisions of the Supreme
Court, opinions of legal authorities on a subject.
Examples: academic legal writing, motions, pleadings and argument section
of the brief
Functional writing is designed for a specific use or result in law. These are
deeds, wills and contracts or drafts of law and ordinances which legally bind
those involved. Some specific format, ceremony or legal requirement may
be present in this type of writing. This type of writing need not to be
analytical or persuasive. It is enough to be accurate and complete yet
understandable.
Categories of Legal Writing
1. Predictive Analysis – a predictive document deals with a legal question in 3
ways:
a. 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.
b. Prediction – The outcome of the legal question, whether positive or negative, is
predicted.
c. Recommendation – The writer, based on the facts and law, give 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.
Example: pleadings, motions and briefs
(Source: Tabucanon: Lega Writing)
3. What are the good qualities of a good legal writer?
Accuracy
Accuracy, as a feature of legal writing focuses on getting legal facts correct in all their
details and ensuring that cited cases are viable as precedents and stand for what they are cited for.
It also requires that statements made must be presented as they are without bias or half-truths.
Accuracy places honesty as one of the paramount components of a good legal writing. On speaking
on honesty, Judge Daniel Friedman of the Courts of Appeal for the Federal Circuits of the United
States of America,’’ if a lawyer is shown not to be accurate, he is not candid, he is distorting things,
even the things he rightly stated are likely to be rejected by the court’’.
Brevity
Brevity basically emphasizes on the need for a legal document, most pertinently a brief to
be as concise as possible. This does not imply that the brief must be extremely short as it would
lack substance. In essence brevity canvases for a case that is not lengthy, but detailed. On brevity,
the Greek tragic dramatist Sophocles aptly wrote, “Much wisdom often goes with the fewest
words’’.
Clarity
Clarity emphasizes on the need for a legal writer to first of all have clarity and
understanding of the brief he writes. Secondly, clarity requires a lawyer haven understood a case,
to be able to express himself explicitly in the brief.
In conclusion a good legal writing such as a brief should be devoid of all forms of
ambiguity, sentiments, irregularities and other attributes that do not conform to the recognized
manner of legal writing. In essence, every good legal writing must have the attributes of accuracy,
brevity and clarity.
(Source:https://myjotings.wordpress.com/2016/04/29/legal-method-features-of-good-legal-
writing / )
4. What are some bad writing habits to avoid?
Your paragraphs form squares (or even worse, vertical rectangles): Pacing and
white space is more important than you realize. Create new paragraphs often to
avoid losing your reader in a smog of black text.
You overuse passive voice: Using active voice sentences will help cut word count
and add a punch to your sentences. A powerful verb exists for the point you want
to make. Use a thesaurus to find a verb if you need to. Also, it helps to try and
always place the active verb close to the beginning of the sentence.
You don’t squelch double negatives: Double negatives simply create confusion and
extend already lengthy sentences. Instead of saying “you don’t squelch double
negatives,” simply say “you use double negatives.”
You define everything: The most useful definitions are those that define words you
use that may take on a trade usage or a different meaning than the ordinary
dictionary definition. If you have used a word in its ordinary dictionary sense, it
does not need a definition.
You expect laypersons to understand both legalese and Latin: Legalese is one thing,
but if you took a poll of people sitting around every neighborhood bar, none of them
would be able to tell you the meaning of nunc pro tunc without Googling it.
You have not proofread your writing: No attorney is infallible, and most of us
acknowledge that fact. Even so, proofreading is not particularly common in
everyday legal writing like emails. A good trick is to read what you have written
out loud to yourself slowly. If you trip up on anything, a revision is likely needed.
(Source: https://mosheslaw.com/bad-legal-writing-explained-and-tips-for-legal-writing/)
