- Legal writing is the kind of writing used by lawyers, law professors, judges and other works in the field of law to express legal rights, obligations and opinions.
2. What are the Objectives of writing a legal document?
- It actually depends on what type of legal document is needed. What I mean is that, the different types of legal writing have different objectives, per se. Since there are three types of legal writing, let me discuss the three with their respective objectives. Firstly, Informative Legal Writing, this is a type of legal writing wherein the document conveys information on an issue involving law or a person’s legal rights. This type of legal writing does not take sides. Its goal is objective communication by predicting the law’s “path” vis-a-vis a set of facts regardless of who is involved. Secondly, Persuasive writing, this writing convinces a reader to accept a certain viewpoint. Here, the writer argues for a particular side or perspective. Its goal is to convince a party that his (the writer’s viewpoint) is the right one, and he does so by using legal tools to support his thesis. Lastly, Functional Writing, this is writing is designed for a specific use or result in law. These are deeds, wills, contracts, or drafts of laws and ordinances legally bind those involved. This kind of writing need not to be persuasive or analytical.
3. What would make a poorly written legal document?
- Defying the elements of legal writing which are: simplicity, clarity, and persuasiveness. The three elements of legal writing are the most basic things to be done in order for a legal document to be decently made. Simplicity in writing means to write plainly and simply. In writing a legal document, the author must always observe the rules on “economy of expression” each sentence must say what the author wants to convey, nothing more, nothing less. Convoluted words and word constructions must be avoided. According to William Zinsser, “the secret of good writing is to strip every sentence to its cleanest component. Every word that serves no function, every long word that could be a short word, every adverb which carries the same meaning that is already in the verb , weakens the sentence.” Clarity in writing means the author is able to express exactly what he wants to be reflected on his work. The last thing the author would want is to confuse his readers. Lastly, Persuasiveness, being a bad persuasive writer would make a bad legal document, obviously because in writing a legal document, being able to influence your readers is one of the main objectives (as mentioned above). 4. The essential qualities of a well written legal document are Relevance and Purpose. - Relevance is the concept of one topic being connected to another topic in a way that makes it useful to consider the second topic when considering the first. It is the degree to which something is related or useful to what is happening or being talked about. Purpose, on the other hand, is an intention or aim; a reason for writing a legal document. It is the reason as to why something is said or done or the cause behind a certain situation or circumstance.,