Chapter 9
Practice plain English whenever possible
Think of your target audience when writing
1. Client: simple language/friendly tone/informative
2. Other side: intellectual language/combative tone/persuade
3. Judge: intellectual/deferential tone/persuade
Your main goal is to have your reader understand what is written
Don’t communicate too much
Be specific with word choice
Communicating information orally rather than written may be better for confidentiality
Eliminating Mechanical Errors
You want to eliminate them because you want the reader to concentrate on your message and not think your writing (and by extension your legal research) is sloppy
There are 3 common types:
punctuation spelling, run on sentences, sentence fragments, parallel construction, run of the mill essay grammar stuff
Citation and quoting errors
others like quoting from a headnote or case syllabus, not using plain English, plagiarizing, not citing page number, not quoting exactly, using contractions in formal legal documents, using the word I
Use of Apostrophes
contractions are typically too informal to be used in legal writing
Sentence Fragments
can be an omission of a verb
Beginning a sentence with “although” or “while” or something like that
could be incorrect punctuations
Run-On Sentences
Split it into two sentences, put a semi colon in, or change wording
Parallel Construction
the wording of each activity of a sentence must match
“The officers stopped the car, were questioning the occupants, and searched the car trunk.” BAD
“The officers stopped the car, questioned the occupants, and searched the car trunk.”
Antecedents
“an antecedent is the noun or noun phrase that a pronoun refers to”
the gay fanfiction problem basically
Active v Passive voice
The officer returned the money to the driver. Active
The money was returned to the driver by the office. Passive
Active voice is preferred in legal writing.
Passive voice is fine when you don’t know or don’t want to identify the performer.
To find the direct object in a sentence, ask “what” or “who.”
To find the indirect object in a sentence, ask “to whom” or “for whom”
Changes in tenses
Excess Words
Be ethical
Be competent in legal knowledge when writing
Confidential Information
you have to safeguard confidential client information
you may have to reveal information for a variety of reasons, like preventing bodily harm, prevent the client from committing a crime, to comply with court order
make efforts to not let information be shared inadvertently
claims must have merit when they are filed
don’t make false statements or submit false evidence
be fair to the opposing party and counsel
don’t destroy evidence or falsify evidence
can’t persuade someone not to testify unless it’s a relative or employee of a client
impartiality and decorum
don’t disrupt a tribunal
don’t influence the judge in ways that are illegal
don’t communicate w a jury after discharge from the jury
inform the court of improper conduct by juror
don’t needlessly harass or embarras someone
attorneys must supervise non-attorney assistants and the attorney is responsible for their actions
attorney must treat the judge with respect and must refrain from making any statement impugning the judge’s integrity
Types of legal writing
To inform (I AM HERE TO TELL YOU DOCUMENTS))
a transmittal letter, client letter, letter to a third party, an opinion letter or an office memo
1. Attorneys often have to deliver bad news to a client and inform them of a court’s decision.
2. Attorneys may have to inform a client as to what the law is on an issue.
3. Attorneys may have to inform client’s of deadlines, dates and times.
To persuade (I AM RIGHT AND HERE IS WHY DOCUMENTS)
client letter or letter to 3rd party
be mindful of
Pleadings: Formal Statements by the parties to a lawsuit setting forth their claims or defenses.
Memorandum of Law: a brief of law, often submitted to a judge in the case. supports and argues clients position in the lawsuit
Appellate Brief: written statement submitted to an appellate court to persuade the court of the correctness of one’s position. argues the facts of the case
1. Attorneys may have to persuade their clients into doing something they don’t want to do.
2. Attorneys may have to persuade the other side into giving up.
3. Attorneys may have to persuade a judge into ruling for their client.
To record information
a deed, a contract, a will, a case brief, a corporate document
can be read later
Intro to Legal Writing
Most attorneys don’t step foot in a courtroom, so they need to be able to communicate their arguments in writing.
Writing also exists to protect you
Repercussions of Bad Writings
Can lose case.
Can lose client.
Can get in trouble with court.
Can get reversed on appeal.
Can lose job.
Ethics in Writing
In Florida it is illegal to threaten to report someone to the police = blackmail.
Every argument that an attorney makes must be based on a good faith basis.
Treatment of the Other Side
Cannot knowingly obstruct evidence
Get a witness to lie
Make frivolous requests
Ask another not to talk to the other side
An attorney cannot make a disparaging comment or opinion about a judge
Powerpoint
the purpose of all writing is to communicate
its trendy to write legal documents in plain English, though not universally accepted