Legal writing can be a formula, which can be a struggle for some. Flynn explained the RAIC method used to draft legal documents: Legal writing relies heavily on authority. In most legal writings, the author must support claims and statements with authoritative quotations. This is achieved through a unique and complex citation system that is different from that used in any other kind of writing. The standard methods for American legal citation are defined by two competing rulebooks: the ALWD Citation Manual: A Professional System of Citation and the Bluebook: A Uniform System of Citation. Various methods can be used in the United States and other countries. [3] [4] The basic types of legal documents are: Anyone may need to prepare legal documents for a personal or business transaction, and the actions to create documents depend on the type of transaction. For example, end-of-life planning requires estate planning documents, or the sale of a home requires real estate documents. In short, legal writing is a type of technical writing used by judges and legislators, as well as other members of the legal profession, to express legal analysis and legal rights and obligations. If it is in practice, it is used to represent or express the resolution of a client`s legal issue. In many situations, a special form of writing is required to convince others on behalf of a client.
« If you`re trying to draft a loan agreement or an employment contract, you have to spend a lot of time looking at what`s been done before it`s been tested, it`s been tried and it works, » he said. Drafting legal documents such as contracts is different because, unlike most other categories of legal drafting, it is common to use language and clauses derived from form books, legal opinions, and other documents without attribution. Lawyers use standard documents when drafting documents such as contracts, wills, and judgments. The main difference between using sentences or paragraphs from other legal documents and copying them in other contexts or copying the entire document is that lawyers do use a common set of clauses that they adapt and modify for their own purposes. [9] 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. Click on the links below to access sections with more information about the different types of legal writing resources. The author of this article, Jay Reeves, announces more than 35 years of experience as a lawyer.
In his list of tips, he includes a variety of strategies to manage the legal drafting process and create attractive and effective documents. Non-disclosure agreements, also known as NDAs, are legal documents in which employees agree to keep the company`s trade secrets confidential. Employers use NDAs to engage in unlawful disclosure. The Oxford Handbook of Language and Law describes the role of linguistics in all areas of law and describes the tools and approaches used by linguists and lawyers in this field. This is a useful introduction for non-lawyers interested in the relationship between language and law. The introduction (freely available) explains aspects of legal language and how language and law interact. In an interview about his book Legal Writing Nerd: Be One, author Wayne Schiess gives readers recommendations for improving their legal writing skills. The interview was originally recorded for a podcast, but the transcript will also be provided so site visitors can hear or read Schiess` advice on creating legal documents. The Plain Language Movement in Legal Writing is about avoiding complex language and terminology in legal documents in order to make legal drafting more understandable and accessible. [10] One of the goals of the movement is to reduce reliance on art concepts, words that have some meaning in the context of law, but may have a different meaning in other contexts. [11] There are generally two types of legal drafting.
The first type requires a balanced analysis of a legal problem or issue. Examples of the first type are inter-office memos and letters to clients. To be effective in this form of writing, the lawyer must be sensitive to the needs, interests and backgrounds of the parties to whom he or she is addressing. A memorandum to a partner in the same law firm detailing definitions of basic legal concepts would be inefficient and inconvenient. On the other hand, their absence of a letter to a client without legal training could serve to confuse and complicate a simple situation. What are the best legal writing tips that any lawyer and jurist could benefit from? Whether you`re a confident writer or not, legal writing is an important skill for any lawyer, regardless of the field you choose. Whether it`s court documents like applications, investigative documents, briefs and memos, or office communications like letters, client emails, internal memos, etc., it`s a lot of writing. Transactional documents – legal drafting – are part of a similar continuum. A 150-page merger agreement between two large companies, in which both parties are represented by lawyers, will be very formal – and will also have to be precise, precise and hermetic (characteristics that are not always compatible with a high formality).
A commercial lease for a small business that uses small office space will likely be much shorter and require less complexity, but can still be somewhat formal. But a proxy circular that allows members of a neighborhood association to set their voting preferences for the next board meeting should be as clear as possible. If informality contributes to this objective, it is justified. When writing an objective analysis or persuasive document, including a memorandum or brief, lawyers write under the same plagiarism rules that apply to most other authors,[6] with additional ethical implications for presenting copied documents as originals. [7] Legal pleadings and pleadings must correctly cite citations and references; However, in a law firm, a lawyer may borrow from other lawyers` texts without attribution, using a well-formulated and successful argument presented in a previous brief. When it comes to briefs and memoranda, these documents argue for legal issues and are therefore rights-based.
