Types of Legal Writing
- Doris M
In the legal profession, writing is very important. It shows your legal prowess, your way with words and your command of both the English language and your knowledge of the law. Legal writing is a type of technical writing skill used by lawyers, judges, legislators, and others in the law profession. They use this technique to express legal analysis, legal rights, and duties. It is used by an advocate when expressing the resolution of a client’s legal matter. This is why it is very important to express yourself clearly and with suitable words when writing a legal statement.
During law school students are introduced to various ways of writing to express themselves appropriately. There is often a legal research and writing program to enlighten students on the way lawyers conduct legal research and the way they analyze and frame legal positions. This includes the way they present their work in writing and in an oral judgment. Usually the experienced is marked by a series of sequences, interrelated exercises which introduces students to legal writing.
To work as an example for legal writing, use a memo or brief you prepared while attending a legal seminar. To showcase your skills use an effective clear language. An interoffice memo or persuasive brief are both acceptable for demonstrating your writing and analysis abilities. There are many types of legal writing and among them include correspondence, motions and briefs or memoranda. These are the most common.
While writing is sensitive to the recipient of your letter or interoffice memoranda. For example, there is no need for excessive legal jargon with a client. It will most likely fly by and they will be left questioning. Be careful to put in the definition of legal terminology in a simple way. The bulk of the correspondence is letters and emails between attorneys or paralegals and clients. Correspondence with businesses, witnesses or agencies are also common.
Pleadings are documents that are generally fact-based and not law based. The writer prepares documents that lay out specific facts which support his or her position in litigation or a criminal proceeding. In order for a plea to succeed the law must eventually be proven to apply to the client’s situation. Discovery is another document that is also fact-based, not law based. The primary purpose of discovery is to expose facts that are relevant to the litigation. To showcase what really happened or what the witness intends to say during trial.Also see: Best Academic Proposal Writing Services
As for motions, they are procedural in nature and they seek the court’s attention to address a procedural issue in the matter at court. This can be something like to request for a grant summary judgment. In part because of the important role a lawyer plays when it comes to a court case and the fact that some are publicized it is essential to get things right. To have the right language for the presentation and argument that you are preparing to make before the court and your legal seniors and peers. An impression is everything. Facts based on the law win you the case. It is important to make correct references and citations, if only for the sake of saving face.
When it comes to briefs and memoranda, these documents argue for legal issues and hence they are law based. Memoranda tend to be objective and it requires the lawyer to look at both sides of the legal question with an open mind. The external memoranda, which can be trial briefs for example. These attempt to persuade the reader, and therefore they may only be in favor of the client who is being represented by the lawyer who wrote it.This article has been summarized to showcase different types of legal writing and their intentions in the case of law. It is advisable that all legal write-ups do stay within the 4C’s. This is to be clear, concise, correct and complete.