🫥Legal Method and Writing Unit 5 – Legal Writing: Styles and Formats

What's This Unit About?

• Covers the fundamental styles and formats used in legal writing
• Explores key legal writing styles (persuasive, objective, transactional)
• Discusses essential formatting rules for legal documents
• Introduces the basics of legal citation (Bluebook, ALWD)
• Examines common types of legal documents (memos, briefs, contracts)
• Provides practical tips and tricks to improve legal writing skills
• Highlights common pitfalls to avoid in legal writing
• Synthesizes concepts to effectively apply legal writing styles and formats

Key Legal Writing Styles

• Persuasive writing aims to convince the reader to adopt a particular position
  • Uses strong arguments and supporting evidence to persuade
  • Often used in court filings (briefs, motions)
• Objective writing presents a neutral, unbiased analysis of a legal issue
  • Explores both sides of an argument without taking a stance
  • Commonly used in legal memoranda and research reports
• Transactional writing focuses on creating legally binding agreements
  • Involves drafting contracts, wills, and other documents
  • Requires precise, unambiguous language to avoid disputes
• Different styles serve distinct purposes in legal practice
• Lawyers must adapt their writing style to the specific task and audience

Essential Formatting Rules

• Use a clear, readable font (Times New Roman, Arial) in 12-point size
• Double-space the main text and single-space footnotes
• Set one-inch margins on all sides of the page
• Indent the first line of each paragraph by 0.5 inches
• Use headings and subheadings to organize the document
  • Maintain a consistent hierarchy of headings throughout
• Number pages consecutively, starting with the first page of text
• Place page numbers in the bottom center or top right corner
• Follow the specific formatting requirements of the court or recipient

Citation Basics

• Legal citation identifies the sources relied upon in a legal document
• Two main citation systems: Bluebook and ALWD (Association of Legal Writing Directors)
  • Bluebook is the most widely used citation manual
  • ALWD offers a more straightforward approach to citation
• Citations typically include the case name, reporter volume, page number, and year
  • Example: Brown v. Board of Education, 347 U.S. 483 (1954)
• Short forms and ibid. are used for subsequent citations to the same source
• Signals (e.g., see, cf., accord) indicate the relationship between the cited authority and the proposition
• Parentheticals provide additional information about the cited source
• Mastering legal citation is crucial for credibility and accuracy in legal writing

Common Legal Documents

• Legal memorandum analyzes a legal issue and predicts the likely outcome
  • Includes an introduction, facts, discussion, and conclusion sections
  • Used internally within a law firm or legal department
• Court brief presents a party's arguments and supporting authorities to a court
  • Types include trial briefs, appellate briefs, and amicus briefs
  • Follows specific formatting and content requirements set by the court
• Contract outlines the rights, duties, and obligations of the parties involved
  • Includes key terms such as consideration, warranties, and indemnification
  • Requires careful drafting to minimize ambiguity and potential disputes
• Will and trust documents govern the distribution of a person's assets after death
  • Must comply with state-specific legal requirements for validity
  • Clarity and precision are essential to ensure the testator's wishes are carried out

Writing Tips and Tricks

• Start with a clear, concise introduction that frames the issue
• Use short, direct sentences to improve readability
• Avoid legalese and jargon; opt for plain, accessible language
• Use active voice to convey clarity and confidence
  • Example: "The defendant breached the contract" instead of "The contract was breached by the defendant"
• Employ transitions to create a logical flow between ideas
• Support assertions with relevant legal authorities and factual evidence
• Edit ruthlessly to eliminate unnecessary words and phrases
• Proofread carefully to catch typographical and grammatical errors

Pitfalls to Avoid

• Overusing passive voice, which can make writing unclear and less engaging
• Relying on legalese or complex language that obscures meaning
• Making unsupported assertions or arguments lacking legal authority
• Failing to proofread and edit, leading to errors and inconsistencies
• Neglecting to update citations and ensure their accuracy
• Overlooking the specific formatting and content requirements of the intended audience
• Sacrificing clarity for the sake of sounding "lawyerly"
• Ignoring the importance of organization and logical structure in legal writing

Putting It All Together

• Identify the purpose and audience of the legal document
• Choose the appropriate legal writing style (persuasive, objective, transactional)
• Organize the document using a clear, logical structure
• Employ effective writing techniques (clear introductions, short sentences, transitions)
• Support arguments and assertions with legal authorities and evidence
• Format the document according to the applicable rules and guidelines
• Cite sources accurately using the appropriate citation system (Bluebook, ALWD)
• Edit and proofread to ensure clarity, consistency, and accuracy
• Seek feedback from colleagues or mentors to improve legal writing skills over time