Professional Documents
Culture Documents
(September 9, 2018)
“The language of law must not be foreign to the ears of those who are to obey it.”
- Learned Hand, judge and legal philosopher
I. LEGAL WRITING
- Is the kind of writing that lawyers, law professors, judges, and other workers in the field
of law use to express legal rights, obligations, and opinions.
B. Legal Drafting – writer creates a legally binding document, or uses an already available
template found in Legal Forms handbook
Functional type of legal writing
Examples: contracts, deeds, wills and testaments for private person, laws,
regulation and ordinances which bind the public in general
This requires no legal authority
Legal forms deal with legal drafting
1) Legal writing often takes more time than other kinds of writing you may have done
before
- LW requires more than describing, summarizing, or categorizing
- LW requires synthesizing, analyzing, and sometimes persuading
- The process of writing helps us think, therefore you need to start writing early enough to
let writing help you think through the problem
2) Good legal writing is concise
- You should never vary from the specified formatting to make your text fit within the limit
- Concise but still say everything that needs to be said
3) Legal readers expect your writing to be formal
- ALWAYS formal tone
- Avoid contractions
- Avoid first person
- Use last names
- Don’t omit articles
4) Minimize the use of quotations, but quote key statutory language
- Determine what a particular case holds and express that holding in your own words
- If court uses wonderfully helpful language, quote it. But make that the exception when
discussing cases
- When discussing statues, quoting relevant language is required
STATUTORY LANGUAGE is significant because the words the legislature
chose affect the meaning of the law.
5) Avoid “elegant variation,” unnecessary legalese and other distracting stylistic choices
- LW has a subject matter that is often complex, and it is important to express ideas as
clearly and simply as possible
6) Use past tense to discuss the client’s facts as well as the facts and holdings of other
cases
- Legal writers generally use present tense when stating a rule of law
7) Courts don’t “feel,” “think,” or “believe.” Courts “hold,” “state,” “find,” “reason,”
“conclude,” etc.
- Judges act objectively
Step 1: Start working on your assignment immediately after you receive it, not days or weeks later
Step 2: While writing, think about quoting key statutory language, being concise, and using a formal tone
Step 3: Rewrite – again and again and again
Step 4: Review your writing to ensure you’ve used the appropriate writing style, tense, and word choice