LEGAL WRITING.docx

LEGAL WRITING I.

Impo mportan rtance ce of Lega Legall wri writi tin ng in in the the prac practi tice ce of law

Legal writing is a type of technical writing used by lawyers, judges, legislators, and

others in law to express legal analysis and   legal rights and duties. Legal writing writing in practice is used to advocate for or to express the resolution of a client's legal matter. In many legal settings specialized forms of written communication are required. In many others, writing is the medium in which a lawyer must express their analysis of an issue and seek to persuade others on their clients' behalf. ny legal document must be concise, clear, and conform to the objective standards that have evolved in the legal profession. a. !here are generally two types of legal writing. The first type requires a balanced  "xamples s of the first type are inter#off inter#office ice analys analysis is of a legal legal proble problem m or issue. issue. "xample memoranda and letters to clients. !o be effective in this form of writing, the lawyer must be sensitive to the needs, level of interest and background of the parties to whom it is addressed.  memorandum to a partner in the same firm that details definitions of basic legal concepts would be inefficient and an annoyance. In contrast, their absence from a letter to a client with no legal background could serve to confuse and complicate a simple situation. The second type of legal writing is persuasive . "xamples of this type are appellate

briefs and negotiation letters written on a clients behalf. !he lawyer must persuade his or her audience without provoking a hostile response through disrespect or by wasting the recipient's time with unnecessary information. In presenting documents to a court or  administrative agency he or she must conform to the required document style. !he drafting of legal documents, such as contracts contracts and  and wills, is yet another type of legal writing. $uides are available to aid a lawyer in preparing the documents but a unique application of the %form% to the facts of the situation is often required. &oor drafting can lead to unnecessary litigation and otherwise injure the interests of a client. !he legal profession has its own unique system of citation citation.. hile it serves to provide the exper experien ience ced d reade readerr with with enou enough gh infor informat mation ion to evalu evaluate ate and and retri retriev eve e the cited cited authorities, it may, at first, seem daunting to the lay reader. (ourt rules generally rules  generally specify the citation format required of all memoranda or briefs filed with the court. !hese rules have not kept up with the changing technology of legal research. ithin recent years, online and disk#based law collections have become primary research tools for many lawyers and judges. )ecause of these changes, there has been growing pressure on those ultimately responsible for citation norms, namely the courts, to establish new rules

that no longer presuppose thata publisher's print volume *created over a year after a decision is handed down+ is the key reference. *ee the reports of the isconsin )ar  and the --.+ everal jurisdictions have responded and many more are sure to follow. THE IMPORTANCE O LEGAL WRITING

 o you have the goods to make a good lawyer/  It takes many skills to be a good legal practitioner. &erhaps the most essential of all required skills is the art of using words. ords are to the lawyer what the scalpel is to the surgeon. !o be a good lawyer, you must be a thorough researcher and a clea precise writer. 0ost legal practitioners, especially professional assistants, candidate attorneys and judicial clerks, spend more time on researching and writing than on any other professional task. !hey research and write letters, memoranda, and briefs draft pleadings, contracts, wills, trusts, and numerous other types of documents. Inadequate and imprecise research and writing can lead to lost cases, malpractice claims, and court#imposed sanctions. 1 !23 24I! 1 !23 24I! 1 I4!562(!I64 !6 -"$- 5I!I4$ t the end of this study unit you must be able to7 emonstrate an understanding of the importance of legal writing within the scope of the "mploy source citations in strict accordance with the instructions as set out by 8ournal of 8uridical cience. "mploy the proper format and style guidelines for assignments and legal documents. efine and describe plagiarism and misconduct within the academic sphere. void plagiarism in your academic and legal writing. !9" I0&65!4(" 6: -"$- 5I!I4$ o you have the goods to make a good lawyer/ It takes many skills to be a good legal practitioner. &erhaps the most essential of all required skills is the art of using words. ords are to the lawyer what the scalpel is to the surgeon. !o be a good lawyer, you must be a thorough researcher and a clea precise writer. 0ost legal practitioners, especially professional assistants, candidate attorneys and judicial clerks, spend more time on researching and writing than on any other professional task. !hey research and write letters, memoranda, and briefs draft pleadings, contracts, wills, trusts, and numerous other types of documents. Inadequate and imprecise research and writing can lead to lost cases, malpractice imposed sanctions. !. Legal Anal"#i# an$ Legal %rafting

!he term ;legal analysis< is one that can be applied broadly across the entire legal spectrum, but it is basis is found in the concrete understanding that the application and use of law is based almost entirely on interpretation. -aws vary across the spectrum of  criminal, civil, corporate, or political law, and vary within its many categories in complexity.

  law could be a simple as a sentence or as long as a book. 6n the other hand, laws are predicated on finding a consensus on how they are to be interpreted, and sometimes this calls for arguments to be made that support a particular interpretation, which is the process of legal argument. hen a legal action has been undertaken by a party, it is based on an interpretation of the law, which has been reached at and supported by legal analysis.

!he tools used to analyze the law, are as numerous as they are complex. -ike any form of discourse, arguments are generally supported by existing arguments as much as they are by reading of written law. !hese existing arguments are called precedents, and they are usually based on decisions made upon existing court cases which involved interpretation and reinterpretation of the law as a means of establishing a means by which to render a decision. In the case of the upreme (ourt, their form of judicial review tries to determine whether  an interpretation of a law brought before the (ourt can be interpreted under the 2nited tates (onstitution. In the case of a law being found in violation of the (onstitution or in support of it, the (ourt renders a decision supporting their finding. !hat decision then can be used as one form of precedent, though precedents can be established at all levels of the court, not only on the highest court, provided that a higher court has not already invalidated that decision.

-egal analysis does not only happen in terms that involve specific legal action *though it is these legal actions alone that can establish precedents+, but also enters in legalistic discourse through academic means, which can also be cited to support legal arguments *though they carry significantly less weight than precedents+. $enerally, this form of legal analysis is called predictive analysis, since it is not based on a legal matter with which it plays a direct part, but are based on presenting hypothetical interpretations. hen the matter of legal analysis is based specifically on an existing matter that requires the arguing of a legal point, this is called persuasive analysis.

$enerally, the practice of law should be scene as the practice of argument, with legal analysis being seen as the means by which an argument is proposed, constructed, and supported either to

-egal drafting is a very structured method of writing that can prove intimidating to the uninitiated. In this )eginner=s $uide, we will recommend some sources that will help you excel in the legal drafting process.

Legal %ictionarie#

!he first step in drafting any legal or law#related document is to fully understand its context, which includes studying the language used by the courts, attorneys, and>or legal scholars regarding the issue. :or those new to legal drafting, or unfamiliar with an area of the law, a legal dictionary can be invaluable. ome of the most popular legal dictionaries are7 •

)lack=s -aw ictionary, edited by )ryan . $arner *?@@A+

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0erriam#ebster=s ictionary of -aw  *?@11+

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  -aw ictionary, dapted to the (onstitution and -aws of the 2nited tates of  merica, and of the everal tates of the merican 2nion , by 8ohn )ouvier *?@@@+ )allentine=s -aw ictionary, ith &ronunciations , by 8ames . )allentine *1ABA+   4ew -aw ictionary, by 5ichard )urn and 8ohn )urn *1CA?+ orm !oo&#

:orm books are another excellent way to get started with the legal drafting process. !hese books range in both size and scopeDthey can be a single paperback volume that contains a few general legal forms or a large multi#volume set with a separate index volume. !he -aw -ibrary has several form books that focus on federal law and practice, such as7 •

 merican 8urisprudence &leading and &ractice :orms nnotated7 tate and :ederal *1AEB#present+

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:ederal -ocal (ourt :orms *?@@?#present+

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-ane=s $oldstein -itigation :orms , by :red -ane *?@11#present+

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6=(onnor=s :ederal (ivil :orms , by 0ichol 6=(onnor, ed. *?@@F#present+

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est=s :ederal :orms *1AE?#present+

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)ender=s :ederal &ractice :orms , by -ouis :rumer and 0arvin axner *1AE1# present+ 0anual of :ederal &ractice :orms , by 5ichard . $ivens *1AAA#present+ 4ichols (yclopedia of :ederal &rocedure :orms , by (lark . 4ichols *1AE?# present+   (omplete 0anual of (riminal :orms, by :. -ee )ailey and Genneth 8. :ishman *1AAF#present+ :ederal &rocedure :orms  *1ACE#present+ 2niform (ommercial (ode &leading and &ractice :orms , by tephen :lanagan *1ACE#present+

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1@1 -aw :orms for &ersonal 2se , by 5alph arner and 5obin -eonard *?@@A+ In addition to the federal forms listed above, you can also find state specific forms by browsing our catalog subject headings. !o do this, click here to access our catalog, click on ;basic search,< highlight ;subject browse,< and then search for a subject heading using the following syntax as an example7 :orms *-aw+DGentucky. (lick on the subject heading and you can browse the resources included under that heading. :inally, state# specific forms, particularly family law forms, are often found on state court websites. (lick on our $uide to -aw 6nline, click on a state, and look under the ;judiciary< heading for links to state court websites. Citation 't"le Man(al#

&utting forth the substance of your argument is only part of the process of legal writing. 3ou also have to use a legal citation style guide to cite authority in support of your arguments. !wo popular legal citation manuals are listed below. )e sure to consult the applicable court=s rules of procedure to see which citation style is preferred by your court of concern. •

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!he )luebook7  2niform ystem of (itation  *?@1@+  - (itation 0anual7  &rofessional ystem of (itation , by the ssociation of -egal riting irectors and arby ickerson *?@1@+ R(le# of Proce$(re

:inally, if you are submitting a pleading to a court, be sure to check the :ederal or tate 5ules of &rocedure, as well as the local court rules to ensure you have complied with their rules governing formatting and legal citation. :or more information about state and local court rules, and to find links to pertinent online legal information, be sure to visit each state=s $uide to -aw 6nline page.