You have learned in previous chapters that part of the legal profession involves a large amount of writing. Complaints, responses, investigation documents, motions and legal briefs (sometimes referred to as “pleadings”) make up a large part of the court record. There are four distinguishing features in legal writing: Authority: Legal drafting relies heavily on authority. In most legal writings, the author must support claims and statements with authoritative quotations. This is done according to a unique and complicated citation system, unlike any other kind of writing. Previous: Legal writing values precedent, as opposed to authority. Previous means the way things were done before. For example, if a contract needs to be prepared, a similar previous contract is often used as a template for the new occasion. Vocabulary: Legal drafting makes extensive use of technical terminology that can be categorized, including technical terms and phrases specific to the law (e.g. novation), ordinary words with different meanings in the law (e.g.
party [a client in a dispute], execute [sign]), archaic vocabulary that uses many ancient words and phrases, which was once a common language, but which today exists mainly or only in law (e.g. here, here, where [as pronominal adverbs]), and by words and expressions borrowed from other languages, namely Latin (e.g. mens rea, prima facie, sub judice). Formality: These features tend to make legal drafting more formal. It can take the form of long sentences, complex constructions, archaic and hyperformal vocabulary, and a focus on content on the needs of the reader. Some of this formality in legal drafting is necessary and desirable, given the importance of most legal documents and the seriousness of the circumstances in which legal documents are typically used, but certainly not all formalities in legal drafting are justified. You may have come across the term “legal language.” It was first used in 1914 for legal texts that are very difficult for laymen to read and understand, implying that this “abscontusion” is intentional, trying to exclude legally untrained people and justify high fees. Legal language is characterized by long sentences, numerous amending clauses, complex vocabulary, great abstraction and insensitivity to the layman`s need to understand the essence of the document. Legal language is most common in legal writing, but can also occur in both types of legal analysis – the three categories described above.
The so-called Plain Language Movement in Legal Writing is an organized attempt to avoid complex language and terminology in legal documents in order to make legal drafting more understandable and accessible. The trend in many universities and law schools today is to teach legal writing in a way that recognizes the technical complexity of law and the justified formality that complexity often requires, but with an emphasis on clarity, simplicity, and candor. For us, as authors, it is crucial to find the right balance and establish the level of formality in each legal document in order to assess and take into account the needs and expectations of the specific audience. After all, it`s ultimately about creating effective and successful texts. The legal drafting process doesn`t stop when the piece is finished. One of the most common mistakes writers make is not budgeting for the editing phase – a thorough editing and editing process takes time. The legal profession has its own unique citation system. While it serves to provide the experienced reader with enough information to evaluate and retrieve the cited authorities, it may seem intimidating to the layman at first. The rules of the Court generally determine the format of summons required for all pleadings or pleadings filed with the court.
These rules have not kept pace with the evolution of legal research technology. In recent years, online and disk-based legal collections have become essential research tools for many lawyers and judges. As a result of these changes, there is increasing pressure on those ultimately responsible for citation standards, namely the courts, to establish new rules that no longer require a publisher`s printing ribbon (produced more than a year after a decision has been rendered) to be the most important reference. (See reports from the Wisconsin Bar and GER.) Several jurisdictions have responded and many more will certainly follow. 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. Legal texts create binding legal texts. It includes enacted laws such as laws, rules and regulations; contracts (private and public); personal legal documents such as wills and trusts; and public legal documents such as notices and instructions. Legal writing does not require a legal citation and is usually written without a stylized voice. Different disciplines also have different writing styles and structures.
For example, some disciplines, such as humanities, expect longer paragraphs that include thematic sentences to show how your reasoning is structured. Other disciplines, for example in the natural sciences, expect short paragraphs without thematic sentences that are closer to factual information. We establish and take into account these styles and structures specific to your discipline. As mentioned above, legal English is very different from standard English in many ways. The most important of these differences are the following: deductive reasoning and an analytical approach are important in all academic writing. As true academics, we love the challenge of intellectual work and with thorough research and the necessary planning and foresight, we will produce a well-organized, informed, authoritative and coherent document for you. As a result, non-English speaking lawyers and law students are increasingly seeking specialized training in legal English, and this training is now offered by law schools, language centres[15], private firms, and podcasts[16] focused on legal language. The UK TOLES exam was set up to teach legal English to non-native speakers.
The exams focus on those aspects of legal English that lawyers consider missing. [17] An annual conference on global legal skills has also been established to allow legal English teachers and other professionals to share information on teaching methods and materials. [18] 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. It is not essential to include a brief statement of the facts that led to the problem, but it is rarely a bad idea to do so.