In many legal situations, specialized forms of written communication are required. In many others, writing is the means by which a lawyer must express his analysis of a problem and try to convince others on behalf of his clients. Any legal document must be concise and clear and conform to the objective standards that have been developed in the legal profession. Effective communication of one`s work is crucial at every stage of a lawyer`s career. As a law student, it will be a daily task to report to a supervising lawyer on the research conducted that day, or prepare the first draft of a small claims court lawsuit, provide a summary of a case, or write a blog for the firm`s website about an ongoing case. Success in all of these tasks depends on the student`s legal writing skills. If you can communicate effectively in writing, your reader will fully understand your analysis without having to go through all the steps you had to take to reach your conclusion. You save your supervisor time and effort and establish yourself as a professional ready to distinguish yourself as a lawyer. The preparation of legal documents such as contracts and wills is another type of legal drafting. Guides are available to assist a lawyer in preparing documents, but often a single application of the “form” to the facts is required.
Poor wording can lead to unnecessary litigation and harm a client`s interests. “Write to serve people instead of writing to impress people. Ironically, writing to serve people impresses people. No one in the legal profession – no one – is impressed by the legal language that captures things and seems completely clumsy and inelegant. “The second type of legal writing is compelling. Examples of this type are calls and negotiation letters written on behalf of a client. The lawyer must convince his audience without provoking a hostile reaction due to disrespect or waste of time of the recipient with useless information. When submitting documents to a court or administrative authority, they must respect the required style of documents. If you don`t always have an editor available to help you proofread your legal texts (which is usually not the case), text-to-speech apps like Linguatec and Natural Reader can help you read your documents aloud. This will help detect errors and unpleasant passages. Professor Mark Cooney, who teaches research and writing, advocacy and drawing at UMM-Cooley, has extensive courtroom and classroom experience and is a prolific writer on legal writing. Because of his many years of practice, he considers drafting an indispensable tool for all types of lawyers.
Clarity and commitment are two essential elements of good legal drafting, although they can sometimes collide. If this is the case, the experienced legal drafter must find an appropriate compromise between them. These and many other skills must be acquired by law students to become successful lawyers. As lawyers, our words carry the weight of argument, the fate of our clients, and to do justice to our client and our profession, we must recognize the importance of legal language. The five years of our law school are our formative years and we should use this time to develop/improve our skills. The legal profession in Nigeria is one of the oldest in the world. No matter what medium or document you write, all good writers should always use at least the spell checker. Advances in copywriting technology have also made legal drafting much easier. For example, writing apps like Grammarly and Ginger can help you spot grammar, spelling, and other language mistakes. With these words, Lord Denning made it clear that the reader, however concise and clear, will not read a document if it is not attractive. Instead of using a monotonous tone, we need to embrace diversity.
Frivolous words are not necessary, but creative wording on the part of the author to keep the interest of his reader unwavering. Other techniques used by legal writers to make their text more engaging include the writer`s voice, which employs humor, and other classical rhetoric, such as pathos (one of Aristotle`s three types of persuasion – ethos, logos, and pathos). The best way to structure a piece is to write from top to bottom. Start by showing the reader what you are writing and why, and then provide the arguments to support your case. Legal writing is the type of drafting used for documents related to legal issues. This includes briefs, contracts, memoranda, motions and more. “If you complete this program, you will produce more documents than a first-year law student,” said attorney Richard B. Herman, one of the leading criminal defense attorneys in the United States, a CNN contributor and supporter of USF`s approach to training certified paralegals. Lawyers must also ensure that their writing style, tone and voice in legal documents and communications are suitable for a wide audience such as courts, judges and clients. Be consistent in the use of words. Elegant writing is demonstrated by good taste and consistency in word choice. Don`t be afraid to repeat a word as many times as possible to avoid vagueness or confusion.
Some lawyers are guilty of inelegant variations or use different words to convey the same idea. The statement “Whoever makes a will must ensure that the will covers all contingencies” makes the ordinary reader think that a will and a will are not the same thing. Fowler reminds us that once you`ve chosen a word to convey an idea, use the same word for the same idea. Don`t change the guards. Use the legal writing tips above as a starting point. Remember to always be open and use constructive feedback and criticism. Good legal writing requires researching and incorporating relevant precedents into your documents. Before you start writing, carefully read all the documents provided to understand the legal issues and know the applicable jurisdiction. Drafting a contract can be for informational purposes, while court documentation can be used for persuasion and client admission documentation can be used for assessment. The structure, tone and voice of the document will change depending on the purpose of your legal writing.
