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Chapter 9 Lecture Notes

This document provides an overview of key aspects of legal writing. It discusses the importance of clear communication and avoiding mechanical errors. Legal writers must be careful about what they communicate in writing as it can be used against them later. They also must be aware of ethics rules as poor writing can violate attorney ethics. The document outlines different types of legal documents, including those designed to inform like transmittal letters and client letters, and those designed to persuade like pleadings, memoranda of law, and appellate briefs. Legal writing is important to avoid losses, errors and sanctions, so writers should focus on being understood while maintaining credibility.

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135 views3 pages

Chapter 9 Lecture Notes

This document provides an overview of key aspects of legal writing. It discusses the importance of clear communication and avoiding mechanical errors. Legal writers must be careful about what they communicate in writing as it can be used against them later. They also must be aware of ethics rules as poor writing can violate attorney ethics. The document outlines different types of legal documents, including those designed to inform like transmittal letters and client letters, and those designed to persuade like pleadings, memoranda of law, and appellate briefs. Legal writing is important to avoid losses, errors and sanctions, so writers should focus on being understood while maintaining credibility.

Uploaded by

Lynch Sam
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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Chapter 9

Introduction to Legal Writing


Writing as Communication

The purpose of all writing is to communicate.

Although not universally accepted, the trend today is to write legal documents in plain English.

While writing, ask yourself whether your intended audience will understand what you have written.

Your ultimate goal is to have your reader understand what you have written.

What is the Importance of Good Legal Writing to the Law?

Good legal writing is vitally important to those professionally involved with the law.

Errors in legal writing may result in loss of a case, loss of a client, litigation of ambiguously written legal
documents, legal malpractice lawsuits, or professional sanctions.

A paralegal may lose a job over a poorly written document.

Do not be intimidated by legal writing.

Writing is not easy—not for good writers, nor even for professional writers.

A Warning Against Communicating Too Much

You must be careful not to communicate too much.

Care in word choice is extremely important because anything in writing may be used against the writer
later.

A paper trail is often useful as proof of exactly what was communicated.

Certain information needs to be written so it can have legal effect now and be referred to later
(contracts, wills, deeds, court documents).

Elimination of Mechanical Errors

Mechanical errors should be eliminated for two reasons:

You want your reader to concentrate on your message and not be distracted by mechanical errors.

A reader who spots a number of mechanical errors will begin to wonder if the writer was sloppy. Do not
lose your credibility over a few easily eliminated mechanical errors.
Common mechanical errors:

Mechanical errors from previous writing experience

Problems with quotations and citations

Errors such as quoting from a headnote or case syllabus, not using plain English, not giving a page
reference to material from a primary or secondary source, not quoting exactly, plagiarizing, using
contractions in more formal legal documents, using the word “I” in more formal legal documents, and
elegant variation

Ethics

Writers must be cognizant of ethics rules; a number of them concern the contents of written
documents.

Poor writing may violate attorney ethics rules and lead to disciplinary action.

Ethical rules concerning confidential information guide the attorney in determining the information the
attorney is required to disclose, prohibited from disclosing, or permitted to disclose in written documents.

Documents Designed to Inform

Documents designed to inform include:


a transmittal letter

a client letter (a letter written to the client)

a letter to a third party

an opinion letter

an office memo


Legal Documents Designed To Persuade
Legal documents designed to persuade include:
Pleadings

Memoranda of law

Appellate briefs

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