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

2. 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

3. 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.

4. 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

5. 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

6. 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.

7. 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

8. 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.

9. 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

10. 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

11. 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.

12. 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.

13. 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

14. Writing Well

15. 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

16. 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

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

18. 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

19. 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

20. 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
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.

21. 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

22. 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

23. 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.

24. The Legal Memorandum
Format
Heading
Cont.

25. The Legal Memorandum Format Questions presented
Identifies main legal issues

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

27. 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

28. 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

29. 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

30. 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

31. 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

32. 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