Legal Writing: Form and Substance CHAPTER 9 Legal Writing: Form and Substance

Introduction As a paralegal, you will likely draft many kinds of documents, including letters, internal legal memoranda, and pleadings and motions You will need to explicitly summarize your research and analysis in writing Many writing assignments are not directly related to legal research Many of the same writing principles apply regardless of the kinds of documents you draft

Receiving a Writing Assignment Understanding the Assignment Understand its exact nature Each writing project is a little different Kind of document Complexity of the subject matter Reader’s needs Ask questions until the assignment is clear Learning Objective: What to consider when accepting a writing assignment.

Receiving a Writing Assignment Time Constraints and Flexibility Adhere to deadlines Being late could have serious consequences Be flexible Be prepared to deal with changing circumstances Supervising attorney may change an assignment Budget extra time for the unexpected

Receiving a Writing Assignment Writing Approaches Objective analysis Balanced discussion Neutral summary of facts Persuasive document Present the law, issues, and facts in a favorable light Advocate for the client

Writing Well Law is a communication-intensive profession Writing is particularly important Successful job performance Please your supervising attorneys Represent your employer to the outside world Enhance firm’s reputation in the community Learning Objective: What to consider when drafting a legal document.

Writing Well Choice of Format Confirm you are using the right formatting for the document Check court formatting rules Employer may have special formats and templates Letters Legal memoranda

Writing Well Write for Your Reader Paralegals write for a wide audience Write for a particular reader Reader’s needs Reader’s legal knowledge Reader’s understanding Make the document understandable on its own terms Learning Objective: Some techniques for improving writing effectiveness.

Writing Well Tools to Help Legal Writing Good legal writing includes four key elements Accurate use of legal terminology Specific rules about how to refer to sources Clarity and organization Specific organization features

Writing Well Outline the Material Organization is essential Have a framework in mind before you begin Simple assignment Sketch rough outline on a notepad Complicated assignment Use a document creator to develop a detailed outline Decide on the sequence of topics to discuss

Writing Well Organize the Material Logically Divide into manageable blocks of information Address similar topics together Address each element in order List each element Analyze each element Cont.

Writing Well Organize the Material Logically Purpose of a paragraph Group of sentences that develop a particular idea Start new paragraph when discussing a new topic Use of headings Proper sequence Arrange various events chronologically Learning Objective: Some basic guidelines for drafting effective paragraphs and sentences.

Writing Well Write Effective Sentences Active, not passive Short, concrete sentences with active verbs Limit legalese: Use plain English Still be careful to convey the right meaning Do not quote heavily Use quotations sparingly Avoid sexist language Use gender-neutral substitutes

Writing Well

Writing Well Edit and Proofread Your Document Budget time for these steps Accuracy and precision are important Do not rely on spell checker Plan to create several drafts Solicit feedback Creating a polished product takes time

Writing Well Tips for Editing Always edit from a printed copy Double check that all names and dates are accurate Allow some time to pass before editing Edit the content first Review for stylistic issues Check grammar and spelling

Writing Well Understand the Assignment Purpose of the assignment Type of document required Audience Constraints on the assignment Format of the document

Writing Well Some Writing Tips Select the right time and place for writing Do not procrastinate Begin with a part you feel confident about First draft is not the final draft Do not begin until you are prepared If stuck, move on to another part Establish a timetable

Pleadings, Discovery, and Motions Most documents submitted to courts are written persuasively Know the rules of the specific court It is critical to use correct formats

General Legal Correspondence General Format for Legal Correspondence Date Address block and method of delivery Reference line and salutation Err on the side of being too formal Body, closing, and signature Include your title: Paralegal or Legal Assistant E-mail correspondence Should be written formally Follow same writing conventions as when writing a letter Learning Objective: The format for legal correspondence and the most common kinds of letters.

General Legal Correspondence Types of Legal Letters Informative letters Convey information to another party Sent to clients, opposing counsel, witnesses, etc. Confirmation letters Summarize conversations that have already occurred

General Legal Correspondence Types of Legal Letters Opinion letters Provide information and advice, giving a legal opinion Demand letters One party explains legal position and demands action

The Legal Memorandum Prepared for Internal Use Thorough Analysis of Specific Legal Issues Should be thorough, well-reasoned, clearly written Primary Reader Is an Attorney Assume reader has general knowledge of the law Assume reader lacks expertise in specific area you are discussing Learning Objective: How to write a legal memorandum.

The Legal Memorandum Format Heading Cont.

The Legal Memorandum Format Questions presented Identifies main legal issues

The Legal Memorandum Format Brief answers Respond to questions presented Should follow the same order

The Legal Memorandum Format Statement of facts Discussion Provides a factual background Facts are relevant if they have bearing on analysis Stay objective Importance of organization Discussion Detailed analysis of how law applies to facts How law applies to facts Follow organization of other sections of memo

The Legal Memorandum The Heart of the Memorandum Discussion section should explicitly summarize Research Analysis Analysis should be objective Should candidly evaluate strengths and weaknesses of the client’s position Goal is to help the attorney

The Legal Memorandum IRAC Identify the issue Explain the governing rule Apply the rule to the facts of the client’s case State your conclusion Conclusion Culmination of legal memo Your opinion of how to resolve the issues Make strategic suggestions, recommend courses of action

Summary When receiving a writing assignment, learn the nature of the assignment, when it is due, and what kind of writing approach should be used Good writing skills are essential for preparing legal documents

Summary Paralegals often help draft litigation documents, which should almost always be persuasive Paralegals frequently draft letters to clients, witnesses, opposing counsel, and others A legal memorandum is a thoroughly researched analysis of one or more legal issues

Summary A memo’s purpose is to inform a supervising attorney about the strengths and weaknesses of a client’s position You can make your analysis of an issue clear by using the IRAC method, which stands for issue, rule, application, conclusion