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Legal writing is the written output of lawyers. It covers a broad and varied range of papers:
contracts, letters, pleadings, briefs, opinions, to name a few.
The foremost aim of legal writing is to communicate. Good legal writing must be clear, concise
and engaging. Write in such a way that the reader understands what you want to say. There is
here an obligation of courtesy—the writer must always consider the reader’s comfort and
convenience in mind. Says Brian A. Garner, the American guru on legal writing: “Your readers
are the ones, finally, who matter: You have invited them to attend your words, you seek their
precious time, and you may even expect to be paid for your efforts. Courtesy requires that you
show your readers some grace and consideration.”3 This is the golden rule of writing: write to
others as you would want others to write to you.
TYPES OF LEGAL WRITING
Legal writing falls into several categories, and most writing in the legal field is intended to
inform, to persuade, or to do both.
1. Correspondence
a. Letters written to clients:
(1) Letters to clients typically inform the client about the status of the case
or request action from the client.
(2) Sometimes the lawyer will draft an opinion letter to explain the law as
it relates to the client’s particular facts.j
(3) Confirmation letters are written to clients to remind them of court dates, of
what happened in court, or of conversations to which they have been a party.
b. Letters written to people who are not clients:
(1) Letters to other lawyers may be demand letters, negotiation letters, or
informative letters.
(2) Letters to parties opposing the client who are not represented by legal
counsel are typically to demand that the person do something or stop doing something, and it
gives a reason why the person must comply.
(3) Conflict letters are written to the Court when an attorney has a conflict in
court appearance dates.
(4) Confirmation letters are written to others with whom the lawyer or the office
staff have spoken to create documentation of the conversation.
2. Documents for Private Use
a. Contracts create a record of the agreement between parties.
b. Wills and other estate documents reflect the wishes of the maker.
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3. Pleadings to file into Court
a. Although the practice is to refer to any paperwork containing a caption and filed into
the court as “pleadings,” the Alabama Rules of Civil Procedure specify the following as
pleadings:
(1) Complaint—the document initiating a legal action that informs the court and
the defendant as to the claim made by the plaintiff;
(2) Answer—the document filed by the defendant in response to the allegations
made in the complaint; and
(3) Counterclaim—the document filed by the defendant alleging wrongdoing by
the plaintiff.
b. Other paperwork filed into the court include the following categories:
(1) Discovery:
(a) Interrogatories—Questions from one party to the other which must
be answered in writing, under oath;
(b) Request for Production—A request for a party to provide documents,
things, or access to real property in order for it to be inspected;
(c) Notice of Deposition—A document setting a time and place for the
parties, their attorneys, and the witness to meet and for the witness to
testify, under oath, in front of a court reporter; and
(d) Request for Admissions—A set of statements sent from one party to
another to be either admitted or denied.
(e) Request for Exam—A document requesting that the court order a
party to submit to a mental or physical examination.
4. Memorandums
