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] 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. Depending on the article you write, you may also find secondary sources such as legal dictionaries, legal reports, and academic journals that will help you with your research. For example, you need both primary and secondary sources to establish binding and persuasive authority. 19. Write short sentences. Readable sentences are simple, active, affirmative and declarative. The more a sentence deviates from this structure, the more difficult it is to understand. Long sentences are a fundamental weakness of legal documents. Legal documents often contain conditions that result in complex sentences with many clauses.
The more complex the sentence, the more likely it will be to determine the intended meaning of the sentence. Short and simple language is the hallmark of clear and concise writing. So look for places where you can remove longer, more complex words from your newly truncated sentences. But it`s not just about removing esoteric terms and legal language – and concomitantly, so far, disputes. That goes without saying; This is the simplest thing. What is more difficult is to remove common expressions that are longer than they should be. Wherever you can save, it`s a plus: fewer letters, fewer words, fewer syllables. Here are some common legal writing phrases and their shorter, simpler replacements: The goal of legal writing is usually to persuade – the tone and style you use depends on the person you`re writing for.
As a legal drafter, you should be able to switch between the legal language required for public servants such as a judge and the plain language required for a client. Some important points in the debate over “legal language” vs. Many U.S. law schools 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. Yet many practicing lawyers facing deadlines and heavy workloads often resort to a hyperformal, outdated, and template-based writing style in analytical and transactional documents. This is understandable, but it sometimes unfortunately perpetuates an unnecessarily formal style of legal writing. 17. Avoid nominal sandwiches. Administrative writing uses too many groups of names – groups of names that are “joined”. Avoid these confusing constructions by using more prepositions. DON`T SAY: Development of protective procedures for underground workers. SAY: Development of underground procedures to protect the safety of miners.
OR MORE LIKELY: Development of procedures to protect the safety of workers in underground mines. The meaning becomes clearer when that four-word sandwich is broken. 18. Do not use gender-specific terminology. Avoid gender-specific job title: The design of legal documents such as contracts is different because, unlike most other categories of legal writing, 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 writing involves analyzing factual trends and presenting arguments in documents such as legal briefs and factums. [1] A form of legal writing is the provision of a balanced analysis of a legal problem or issue.
Another form of legal writing is persuasive and advocates a legal position. Another form of legal drafting is to draft legal instruments such as contracts and wills. [2] 12. Prefer simple words. The government`s letter should be worthy, but it does not need to be pompous. Writing can be dignified if the language is simple, direct and strong. To make your writing clearer and easier to read, and therefore more effective, prefer the word simple. 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. If you understand this purpose, you can write better.
Recently, a variety of tools have been developed to allow authors to automate essential parts of legal drafting. For example, transactional lawyers can use automated tools to review certain formalities when drafting, and there are tools that help litigants check citations and citations against legal authority for motions and briefs. [5] These characteristics tend to formalize the legal letter. This formality can take the form of long sentences, complex constructions, archaic and hyperformal vocabulary, and a focus on content to the exclusion of readers` needs. Some of this formality in legal drafting is necessary and desirable, given the importance of certain legal documents and the seriousness of the circumstances in which certain legal documents are used. But not all the formalities of the legal letter are justified. To the extent that formality leads to opacity and inaccuracy, it is not desirable. To the extent that formality interferes with the reader`s understanding, it is less desirable. In particular, if the legal content is to be conveyed to non-lawyers, formality should give way to clear communication. 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. The writing process is complex and goes beyond just putting words on paper. Research, writing and editing are important skills for good legal writing. The more you practice writing, the easier it will be and the better your work will be over 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. 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.
In your initial design, focus on capturing the right information. Make sure that the information is complete and sufficient, and that the content flows from one section to another. Give yourself as many drafts as you need before your deadline. Also, give your writing some breathing space by pausing and returning to it with fresh eyes. To impose a legal obligation, use “must”. To predict future actions, use “will.” DO NOT SAY: Let the governor approve it. SAY: The governor must approve it. [Commitment] OR: The governor will approve it.
[Future actions] 4. Be direct. Speak directly to your readers. Enjoy the imperative mood. Regulations are suitable for this style, especially procedures, instructions, and to-do lists. The franchise avoids the liability:SAY: Sign all copies. SAY: Attach a copy of your W-2 to your return. This style results in shorter, sharper and easier to understand procedures. 5. Use the present tense. A regulation with continuing effect refers to when you apply it, not when you write it or when it comes into force. For this reason, you should write regulations in the present tense.
By drawing in the present tense, you avoid complicated and cumbersome verbal forms. DON`T: The fine for driving without a licence is $10.00. SAY: The fine for driving without a licence is $10.00. 6. Write positively. If you can express an idea positively or negatively, express it positively. DO NOT SAY: The governor cannot appoint persons other than those qualified by the Human Resources Agency. SAY: The governor must appoint a qualified person by the Human Resources Agency. A negative statement can be clear. Use it when you warn the reader.
DON`T WALKDON`T SMOKE But avoid multiple negatives in a sentence. DON`T SAY: A demonstration project will not be approved until all the requirements of the application are met. SAY: A demonstration project will only be approved if the applicant meets all requirements. It is better to express even a negative in a positive form.
