Lenient Reflection On The Importance of

Lenient Reflection
OnThe Importance Of Legal Writing;

Favorite Drafting Methods
Diterbitkan Oleh
R.A.De.Rozarie
(Anggota Ikatan Penerbit Indonesia)
Jl. Ikan Lumba-Lumba Nomor 40 Surabaya, 60177
Jawa Timur – Negara Kesatuan Republik Indonesia
www.derozarie.co.id – a_los_tesalonicenses@yahoo.com
Lenient Reflection On The Importance Of Legal Writing;
© April 2018
Tim Penyusun
Dr. Fajar Sugianto, S.H, M.H.
Dr. Endang Prasetyawati, S.H., M.Hum.
Muh Jufri Ahmad, S.H., M.H., M.M.
Natanael D R, S.H.
Sudwijayanti, S.H., M.H.
Penanggung Jawab : Dekan Fakultas Hukum
Universitas 17 Agustus 1945 Surabaya
Editor : Elis Qomatul L
Master Desain Tata Letak : Eko Puji Sulistyo
10.5281/zenodo.1185551
Angka Standar Buku Internasional: 978-602-1176-28-3

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PENERBIT PERTAMA DENGAN KODE BATANG UNIK

CONTENTS
The Importance Of Legal Writing;

*Diyanti Pramita
*Charis Krisnanta
*Reynaldi Rafi Pramana
*Fitri Hayatun Nufus
*Fahmi Wahyu Yaasar
*Beny Yunianto
*Nikita Fransiska Kristi
*Suci Octavia
i
THE IMPORTANCE OF LEGAL WRITING;
FAVORITE DRAFTING METHODS
Diyanti Pramita1
I. Introduction
Every professions each must require quality they able to
use as a weapon to preserve their carreer. An artist need to
have and mastering imaginations, a cop need to have bravery,
a soldier need to serve loyalty, and a lawyer need to have
sense, especially in writing and speaking.
Speaking skill here include negotiation, advocacy and
persuasions. But it is not the first thing that the court or even
your client see as your strenght. “At the very outset of a civil
case the judge/court will not hear or see their attorney prior
to reading many submissions from both the lawyer that you
hired and the opposing counsel. This first impression, one
that is only done in writing, is extremely important. Not only
is it a first impression for the court, but it really shows
opposing counsel and other side what kind of attorney they
are dealing with.”2
Indonesia now has an open door for international
businesses and professional workers through the ASEAN
Economic Community. There will be many complex issues
that require skillful lawyers to work with cases. By skillful
lawyers, it means lawyers with excellent sense of writing and
speaking. Therefore, lawyers nowadays must have a high
standard in writing skill to make good legal documents
especially in English.
1Alumni Law Faculty University of 17 Agustus 1945 Surabaya.

2Jacob Z. Weinstein, “The Importance of Legal Writing”, September 23rd, 2016.
http://jzweinsteinlaw.com/lawyer/2016/09/23/Post-s/THE-IMPORTA-
NCE-OF-LEGAL-WRITING_bl26697.htm
1
There are two kinds of legal writing:
1. Legal Drafting
“Legal drafting creates binding legal text. It includes
enacted law like statutes, rule and regulations; contracts
(private and public); personal legal documents like wills
and trusts; and public legal documents like notices and
instructions. Legal drafting requires no legal authority
citation and generally is written without a stylised voice”3
2. Legal Analysis
Legal analysis itself folded into two different kinds:
1) Predictive Legal Analysis
“In an office memo, you predicts objectively how court
would decide the issue on which you are writing.”4
Here also predict the outcome of a legal question, for
example:
Case: X downloaded and distributed a musician’s
album ilegally through an untrusted website.
Question 1: Does the musician has a copyrigth on its
creation (music album) or have some other property
interest on them?
Question 2: If the answer is yes, would a court order
the client to pay damages?
Lawyers use this for trial court, so this includes legal
opinion that ends with advice and recommendations.
2) Persuasive Legal Analysis
“In a motion memo or appellate brief, you try to
persuade the court to make a decision favorable to your
clients.”5 The purpose of this document is to persuade
to decide the dispute. If the lawyer loses at the trial, they
3 “Legal Writing”. July, 3rd, 2017. https://en.wikipedia.org/wiki/-Legal-

_writing#Legal_drafting.
4 Neumann, K. Richard, Sheila Simon. “Legal Writing. Second Editi-on”. Aspen
Publisher. 2011. pg. 1.

5 ibid.
2
have to appeal to a higher court. The point of this
document is to framed as an argument.
II. Drafting Methods
As a lawyer, the first weapon that people see is the
writing skill. The readers are called audience, and they are not
just people but people with mind and standard. So these are
the most common types of audiences that must be underlined:
1. Audience must make decisions from the documents.
Therefore, writers shall make the documents as excellent
and compel as possible.
2. Audiences do not have time to read long documents and
they do not want to read twice.
3. Audiences will look for gaps and weaknesses.
Writers do not have to use the same method, there are
many methods to write a good legal documents. But the most
important point is the content. Understanding the purpose
and goals of the letters. Here are the simplest method to make
a legal writing:
1. Understanding the goals and purpose
By understanding the goals and purpose of the writing
it also means understanding the law in general. As the case is
being stated by the client, a lawyer must think fast and
understand what legal terms to use and ask for further
informations. “It is useful to think of writing as a four-step
preparations:
1) Understanding legal terms and the nature of legal
problems;
2) A focused mind communicate your ideas;
3) Avoid overgrown verbal foliage; and
4) Maintain consistency.”6
2. Plan your writing
6Fajar Sugianto. Basic Elements of Legal Writing. CV. R.A. De.Rozarie. 2014. pg.
5.
3
Planning your writing is basically the same as building
a house. Writers may use other methods but the most popular
is by Betty Sue Flowers with her Madman; Architect;
Carpenter; and Judge. Building a house is similar to Flowers’
method, you will need:
1) Designer;
Flooring what the house-owner (or audience) wants and
needs, it works as the basic line of your next step and figure
out what model of a house it is in demand.
2) Architect;
Absorbing the designer’s idea and connecting the dots and
making lines so the house-owner can see the whole picture
of its future house building.
3) Constructer and Builder;
As the workers, they start to cut the ideas and put them
into frame orderly and neatly.
4) Judge.
As a corrector and decision maker. They pull out mistakes,
gaps and odd sentences.
After the concept done, then what important next is to
phrase the words into good and proper English paraghraphs.
Writers should not use any complicated sentences to make it
simpler and easy to understand.
1. Avoid useless and needless words;
“Always remember that the English language has vast
potential for verbosity too. Nearly two-thirds of the
sentence can be cut with no loss in meaning.”7
2. Use enough sentences;
“Readibility formulas rely so heavily on sentence length.
At the beginning of the sentence, keep the subject, the verb
7 Ibid. pg. 7.
4
and the object together. A sentence has two elements: A
subject and a predicate.”8
3. Use active voice more than passive;
A writer must be the person who have done things. But
that doesn’t mean there must not be any passive voice.
There are some exceptions:
When the subject unknown.
Example: The company has been banned from operating.
When the action is what emphasized.
Example: Vandalism is legally forbidden.
To stay focus.
Example: The key question is, therefore, when did the defendant
actually receive the summons and complaint? The summons and
complaint were not served on the defendant in person until May
18th.
4. Use parallel phrasing;
A legal writing needs a complete and requires details that
may come from related sentences, that must be written in
similar grammatical form. Example:
Don’ts:The driver stopped by the road-side. Then he opened the
trunk and took out a big plastic bag that believed as a corpse.
Dos: The driver stopped by the road-side, opened the trunk and
took out big plastic bag that believed as a corpse.
5. Avoid multiple negatives;
Using multiple negatives can be a trap, writer may use
multiple negatives but then unintentionally changed into
positive sentence. Example:
Don’ts: Contract cannot be changed by the stake-holder who has
not yet signed as a representative, despite their voices to not agree
with the contract.
Dos: Contract is unchangable by the stake-holder who absent
during the meetings.
8 Ibid. pg. 9.
5
6. Harmonize details;
Every sentence emphasizes different meanings, either
description, adverbs of time, adverbs of place, verbs or
adjective. Example:
Description: Mr. Y prefer to take a train to his office every
morning.
Adverb of time: Every morning, Mr. Y tend to take a train to his
office.
Adverb of place: Mr. Y go to the office every morning by taking
a train.
When finish with the phrase, then jump into the
words. Choose the words wisely and do not use the old-
fashioned words, legal documents these days may use plain
English as long as it is reasonable. These are points that must
be underlined:
1. Use jargons wisely;
Law has its own vocabularies or jargons. Understand it
before using it. “Whatever the jargons are, remember to
maintain consistency, develop simplicity, and do not
tolerate useless or unnecessary jargons.”9
2. Use less be-verbs;
“Relying too much on be-verbs weakens the force of your
verb. Therefore, start to minimize them despite a few
notable exceptions.”10
3. Use less –ion words;
“There is the long way of saying things and there is the
short way. The long way uses weak verbs and abstract
nouns ending in –ion. “11
4. Use less ...of...;
“In working to shorten sentences phrase by phrase, you
will need to edit phrases that bloat legal writing.”
9 Ibid, pg. 13.

10 Ibid, pg. 14.
11 Ibid, pg. 16.
6
5. Watch out for doublets and/or triplets;
Explanation sentence is essential to a writer especially
when writing legal documents. Repeating the same
meaning of a word is a waste, it is going to make the
writing looks unnecessarily longer.
6. Use less acronyms and shorthands.
Always assume that the audience don’t understand
acronyms or even for parenthetical shorthand names. Use
them when required only.
Legal documents must be convincing to the court and
the audience, so it will be better to answer to more “why”
questions or start out with “because...” phrase. Explain
everything the way you speak it, avoid showing mistakes but
use more story-telling about the case and the mistakes. For
example:
Don’ts: What the opponent did was wrong.
Dos: According to the Indonesia’s Copyright Law it is illegal
to download musics through untrusted website for free and
distribute them for a cheaper price than the original.
It is also important to think about times. Letters contain
dates and times for the chronology, but it doesn’t mean that it
must be written orderly. Instead of writing the full dates in
sequence, use the term “..days later..” instead. Example:
Don’ts: On September, 19th 2012, Mr X and his colleagues went to
the restaurant to meet the drugs dealer. Whereas, through a phone
call on September, 15th 2012 they made a deal to meet on September,
23rd 2012.
Dos: On September, 19th 2012, Mr X and his colleagues went to the
restaurant to meet the drugs dealer. Whereas, they have made a deal
4 days earlier to meet on September, 23rd.
Here is an example of a bad legal writing:
I do hereby for myself and my heirs executors administrators and
assigns guarantee to you and your heirs executors administrators
and assigns and the owner of the premises for the time being the
7
punctual payment of the said rent payable by the tenant and any
reduced rent or as same may be varied by law and for mesne rates
that may accrue due until full clear and legal possession of the said
premises shall be delivered up and I agree to indemnify you and your
heirs executors administrators and assigns and the owner of the said
premises for the time being from all loss damage done to the said
Premises Furniture Fixtures and Effects by the tenant or through
his negligence or by reason of the non-fulfilment of any of the
stipulations and conditions on the part of the tenant in the above
agreement contained and for all costs of proceedings for the recovery
of the rent or possession of the said premises and should Notice to
Quit be served by the Landlord or Tenant or Ejectment Summons
issued or Eviction Decree obtained in respect of the said premises
and afterwards withdrawn or waived by either party with or without
my knowledge my liability under this guarantee shall not be affected,
it shall remain in full force and effect in respect of any new tenancy
thereby created nor shall my liability under this guarantee be
affected by giving the tenant time to pay the amount due by him or
agreeing to accept same by instalments nor shall this guarantee be
determined or my liability thereunder be affected by the bankruptcy
of the tenant. And if the tenancy shall be continued or extended or
renewed my guarantee will apply to the additional term or terms.
And if this guarantee is signed by more than one person my liability
hereunder shall be joint and several.
III. Conclusion
Excellent writing is the sharpest weapon that a lawyer
can have. Judges want to read the case firstly and then there
come the time for the lawyer to speak. Legal documents must
be convincing and persuasive, those were two important
points that the audience see in a lawyer’s writing skill.
There are three steps to do before writing a legal
documents:
1. Framing mind by understanding the goals.
2. Phrasing sentence; make it into an order paragraph.
8
3. Choosing the right words to use.
Writers must concern about the audience also. They
are usualy very neat, perfectionist and don’t have time to read
long and preplexing letters. So this must come first before
planning the writing. A good letter is a bridge to win the court
against the opponent. The judge will also satisfied with the
letters. So, an excellent writing skill is the key to be a good
lawyer.
9
THE IMPORTANCE OF LEGAL WRITING; FAVORITE
DRAFTING METHODS
Charis Krisnanta12
Zeha Dwanty El R13
Widya Kurniawati14
Shandy Kurnia W15
I. Introduction
1.1 What Is Legal Writing?
Legal writing is a type of technical writing used by
lawyers, judges, legislators, and others in law to express legal
analysis and legal rights and duties. Legal writing in practice
is used to advocate for or to express the resolution of a client's
legal matter.16
1.2 Why Legal Writing Is Important?
Because it can be a practice for who wants to be
lawyers, judges, legislators or others and who want learn
about legal writing. It is useful not only in the field of their
work but also increases skill to enhance theur capability in
their professions.
1.3 The Main Purpose of Legal Writing
To express the resolution of a client’s legal matter. For
larger context, there is no other way to express the writer’s
main ideas but to formulate them through writing. Therefore,
the form of writing especially in legal matter relies heavily on
the effectiveness of legal writing so that at the end of the
12 Student of Law Faculty University of 17 Agustus 1945 Surabaya, program-

ing Legal English course.



16 https://en.wikipedia.org/wiki/Legal_writing.
10
reading the readers will get the basic original ideas of the
writers.
1.4 Reason of Legal Writing
To express legal analysis, legal rights and duties and
so on. Writing can be very efficient if it is constructed and
managed carefully as a form of deliverying the main message
to the readers. It can be said that a good writing consists of
readibility and consistency so that the drafters may as well as
convincing them according to their purpose.
II. Favorite Methods
2.1 Start Reading Some Books
Start reading conversation or etc books I mean an
English books as a beginner who has not understand
anything, then you should star with a conversation book
everyday. Do not spend your time with reading hard article
to keep your spirit to learning about legal writing. By doing
so, they can develop or even discover a new way or ideas
what to write about.
2.2 Translate Word By Word
Actually this methods is very hard to do because there
are many words in English dictionary but believe me it very
works because you will be able to understand easily fluent in
English language
2.3 Do Not Be Embarrassed To Practice Speaking
To be able to speak English we must to practice
speaking, because the most important aspect to speak English
is how we can speaking and doing conversation with people.
You can practice with your brother/sister or your English
teacher, because getting used practicing it will make you
smoother and do not feel you cant, because it hampers to be
able to speak English.
2.4 Listen English Video On Youtube
If we listen or watch a lot of people speak English then
indirectly our brain will be familiar with the words in english
11
. in our opinion this way is the most fun way to learn english
. besides we can listen directly this way will reproduce the
english words which we before have never heard it and
usually people who speak English in video or recording that
is English which is often the language for everyday
III. Conclusion
Legal writing is most important part because is very
useful to lawyer, judges, and the others who wants to learn
about legal writing but don’t know how supposed to do first.
Besides it can finished and can find solution to finished some
case and client’s legal mater.
12
DRAFTING METHODS
Reynaldi Rafi Pramana17
Amanda Raissa18
Astria Yuli Satyarini Sukendar19
Nabila Farahdila Putri20
Masrino Ganapradipta21
I. Introduction
If i said i am going to teach a class on Legal Writing i
have to first explain the meaning, the importance, the
purpose, and the reason why making a legal writing.
1. What is Legal Writing?
Legal Writing can mean the preparation of any written
legal document, a motion, a letter, a brief, a memo, or a
contract. Lawyers and law teachers use the phrase in this
way all the time: “Draft a brief” or “draft a letter”.22
2. The Importance of Making Legal Writing
The most important aspect of the law, which is shielded
from the general public, is legal advocacy in the form of the
written word. The movies do not cover it and you will
never find it in a television show. Yet, good writing wins
cases. Proper and necessary advocacy skills definitively
extend beyond the written form. However, any competent





22 https://law.utexas.edu/faculty/wschiess/legalwriting/2006/06/legal-draf-
ting-three-definitions.html, 2017-12-26.
13
and experienced attorney will tell you about the extreme
importance of writing well. The combination of great
speaking skills and great writing, is unbeatable.23
3. The Purpose of Legal Writing
To clearly communicate legal rights and obligations by
avoiding confusion, unclear meaning and the emergence
of various meanings.24
4. The Reason of Legal Writing
The reason for why making a legal writing is so important
that is because the legal person will deal with legal affairs,
such as legal opinion, write verdict, and all letters that have
to communicate with law and also as a scholar degree of
law, we not only must have a ability to speak but also the
ability to write, reading also needed for the world of work
later.
II. Favorite Drafting Methods
After we search all methods for making a legal
drafting we found two methods that we like about the
structure, then we are gonna explain about this methods:
First Methods: We have to know the concepts behind the
principles.
1. Knowing “ the audience rule” (addressing your writing)
2. Use of reference material
3. Introduction of context
4. Description of facts in chronological order
5. Enhancing clarity
6. Understanding legal terminologies
7. Techniques for editing and re-reading
After we know the concept we gonna make the legal drafting,
here are the steps for making a legal drafting.
23 http://jzweinsteinlaw.com/lawyer/2016/09/23/Posts/THE-IMPORTA-
NCE-OF-LEGAL-WRITING_bl26697.htm, 2017-12-26.
24 http://kantorhukum.blogspot.co.id/2008/08/legal-writing-keahlian-yang-
harus.html?m=1, 2017-12-26.
14
I. Draft for ordinary readers
Here we have one opinion on how legal writing
should be address to ordinary readers. “The most competent
version of language and legal drafting is that version which
enable the message to be grasped readily without difficulty
and confusion”.25
“... completely intensifies the risk of error in the
drafting and the risk of different interpretations in the
reading.26
Example on typical legal writing
Nothing expressed or implied in this agreement is intended
or shall be construed to give to any person or entity, other
than the parties and the buyers permitted assignees any rights
or remedies under or by reason of this agreement.
It will be better if they are written in plain English
without changing their meanings always remember the
biggest aim in writing is to increase readability. Nothing in
this agreement gives anyone, other than the parties and the
buyer’s permitted assignees, any rights or remedies under the
agreement.27
II. Organize Provisions
There are three basic steps to organize provisions
firstly, put the more general important before the last
important. Secondly, put the broadly applicable before the
narrowly applicable. Lastly, put the rules before exception.28
III. Organize Definitions
Definitions are clarifiers not the opposite there are
some basic approaches to organize definition in your drafting.
25 Robert Eagleson, Efficiency in Legal Drafting,in Essays on Legislative Drafting

13, 1988, pg.13.
26 Peter Siviglia, Writing Contracts, Carolina Academic Press, 1996, pg.73.
27 Fajar Sugianto, Basic Elements Of Legal Writing, Concepts & Insights
Series, R.A.De.Rozarie, Ikan Lumba-Lumba 40 Surabaya,60177, 2013, pg.

23.
28 Ibid, pg. 24.
15
1. If the document contains three to four pages put the
definitions at the beginning.
2. If more than 10 pages place them in the context
3. If more than 20 pages put them specifically in a schedule
4. Always remember: organize from the least important; and
5. Do not let the definition strip the important information
from relevant provisions.29
IV. Breakdown Enumerations Into Parallel Provisions
Drafting a legal document usually contain list
especially statutes and contracts, often long ones. This list are
the main cause of overlong sentences.first thing you need to
do is to break them up – remember the purpose of maximizing
readability. When you do it carefully you have a personable
piece of writing:
1. Payment of reductions in rates of returns
A. Borrower’s obligation
The borrower must, on demand, pay the bank both 1
and 2 are met:
 The law of governmental directive, either literally or
as applied, changes in a way that:
a. Increase the banks cost in making or maintaining
its advance or landing commitments; or
b. Reduce the principles or interest receivable by the
banks; and
 Any of the following occurs:
a. A change occurs in the banks taxes relating
to principles or interest payable under the
agreement (other than a change that affects
solely the tax on the bank total income); or
b. A reserve requirements is impose on the
commitments to lend
B. Exception to borrower’s obligations
29 Ibid, pg. 29.

16
The borrower is not responsible for a cost or reduction
that accrues to the bank during the period between the
triggering event and the date when the bank give the
borrower notice.30
2. Be wise with shall
Generally, shall means way, will, and is. The use of shall in
English is mandatory that means must > is/are > is
obligated > agree (s) to > undertake (s) to > has the
responsibility to. Having this said, in general shall opposes
permissive while in legal writing shall is supposed to mean
“has a duty to”.
Here are some examples:
 Each corporate officer in attendance shall sign the
official register at the annual meeting.
 Nothing in this agreement shall be construed to make
the owners partners or joint venturers…
Words in legal writing require accuracy. Does te use of
shall from the last example really show accuracy in legal
writing? No. it clearly shows that neither party is
allowed to (that is, may) assign it, not must as a
compulsory contractual duty.
3. Minimize provisos
The phrase of provided that has major problems. Its
meaning is often unclear; creating conditions, exceptions,
add-on, etc. therefore, it is commonly ambiguous because
it means if, except, also. For clarity’s sake, please find a
clearer wording.
4. Replace and/or if necessary
And/or is handy. If you don’t know what you really want
to write, it can be positively dangerous. About half the
30 Ibid, pg. 30.

17
time, and/or means or, other than that, it means just and.
Replace it with either and or or only when necessary.31
5. Double check plural
Make sure that it really necessary over the singular, and
vice versa. They create broader interpretation. Thus,
always make sure you know what they mean and you also
need to visualize their impact on your writing.
Examples:
“lawyers and law students are not allowed beyond this
point” > 1 lawyers and 1 law student are allowed.
“fireworks are forbidden”> a single firework is tolerable.
6. Avoid word-Numeral doublets
Word-numeral doublets are a safeguard against mistypes.
In checks, they help in cases of alteration and illegible
handwriting. At least, the illiterate cat read the numbers
and they prevent discrepancies in numbers. In order to
maximize readability, prefer numerals, not words, to
denote amounts since numerals are more economical.
When doublets are compulsory, be consistent and know
the nature of the wording in proper writing. Please note
that the numeral writing in Bahasa Indonesia and in English
are completely different, especially the use of coma and
period.
Example:
 $100.000,00(according to Ejaan Yang Disempurnakan
(EYD))
o $100,000.00
Example of common misuses word-numeral doublets:
 $100,000.00 (one hundred thousand dollars only).
 $100,000.50 (one hundred thousand dollars and fifty
cents).
31 Ibid, pg 31-33.
18
Proper word-numeral doublets:
 $100,000.00 (one hundred thousand dollars and no/100
dollars) – not one hundred thousand and 00/100
dollars.
 $100,000.50 (one hundred thousand and 50/100
dollars).
On typical legal writing, we often find passages like the
following:
 ABC agrees to pay XYZ two hundred thousand dollars
($200,000) within seven (7) days after the execution of
this agreement.
It will be better if writing :
 ABC must pay XYZ $200,000 within seven days after
this agreement is signed.
You can apply the same method on previous principles on
legal writing in terms of arranging word-numeral doublets
by simply organize the more important numbers first to
the less important. Important numbers are written double,
while the unimportant ones get singled.32
7. Do not include the unknown
If you don’t understand a form provision, or don’t
understand why it has to be included in your document,
first, try diligently to gain that understanding. Second, if
you still can’t understand it, cut it.
Always remember, know your own writing. Otherwise, it
will come back to bite you in some way-especially in a
contract. Even if you know it, you must be prepared for
counter argument resulting from your writing. Thus,
rather than leaving something in and creating greater gap,
you are better off deleting it. It is also important to double-
check your writing before you can safely conclude that
there isn’t any.
32 Ibid, pg. 34-36.

19
Second Methods: Planning and drafting
1. Planning
Start with the question: Always check that you
understand what the assignment is asking you to do. Not fully
answering the question is a common reason for assignments
not gaining many marks.
Knowing what the question is asking will frame your
planning and drafting of your assignment. Try breaking
down the question into its separate parts; this will allow you
to determine the focus and direction of the question. If unsure
approach a member of staff.
Planning the time: Part of planning for assignments
will always be to ask yourself how long you should devote to
this assignment. Do not underestimate the time required to
complete an assignment to a high standard. Be sensible about
it and plan to work on the assignment steadily; this will allow
you time to process all the information while at the same time
considering your analysis/argument.
When planning out your time break down a large
assignment into more manageable smaller tasks. Remember
you may have multiple assignments so spreading out the time
and prioritising work will help you manage your
assignments.
Take time to think: a big part of masters is thinking!
At masters level it is important to take time to think about
your subject and your assignments. Always ensure that you
set aside time to do this. You can refine your thoughts by
bringing them together in one place; perhaps writing them
down in an assignment journal/note book or by keeping a
space at the end or start of your assignment drafts.
Draft the structure: there are many methods available
that you can use to plan the structure of an assignment; it is
important to find one that suits you. As before ensure you
20
have analysed and understood the question before you
embark on a plan.
You could break it down further into subtopics,
headings or questions you want to answer. Use your notes,
and sketch out the main ideas and points you think you want
to cover. You may want to try mind maps, spider diagrams,
concept diagrams or post it notes to organise the structure.
Remember a structure is only a guide, it may change as you
progress with your assignment.
Once you have a comprehensive plan or structure, go
back to the question. Check whether your plan fully answers
the question and addresses all the specific issues in it.
You may want to access mindmapping software that can help
you organise/think about structure.
2. Redrafting and refining
At postgraduate level, refining your writing to a high
standard is important. Drafts are essential check points where
you can review your progress and determine if your
assignment is on track. There is no rule for how many drafts
you should complete, but if you submit your first draft as
your final submitted assignment, you will be unlikely to
receive the higher range of marks.
Drafting stages
First drafts: For example, your first draft may sketch out your
first thoughts, arguments and potential structure, and you
may want to review and check these: are you focussed on the
right topics? Is your structure and line of thought sensible?
Middle drafts: In middle drafts you may be expanding and
refining your ideas. You also may find that as you are writing
the direction that your assignment is moving in changes; for
example this could be due to your literature research
producing new avenues of thought or your lab results turning
up unexpected results. You may need to therefore review the
21
focus of your initial question, and review whether your
arguments or conclusions are still sensible.
Final draft(s): In your final draft(s) you may be focussed more
on ensuring your presentation, spelling and grammar are
correct and all your references are included following the
appropriate format guidance, etc.
Draft stops
It is a good idea to take draft stops at all the above
stages. At a draft stop, you will leave writing for a day or two
and come back to it with fresh eyes, you will be better able to
spot mistakes, and places where editing down, expanding or
rewriting will help improve the piece.
When you look at your work you should look at it as
an editor or an examiner would. You will look at your work
with an analytical eye, looking for ways to improve. Would a
reader find your assignment easy to follow: are your ideas
linking, have you signposted on from one section to the next,
etc.33
III. Conclusion
After searching all about the Legal Writing and the
methods of the Drafting to make a Legal Writing we conclude
that the Legal Writing it’s not just an ordinary Writing that
anyone could read and understand without think too much
about the topic of the Legal Writing. It’s more than just that,
The Legal Writing is about a Writing that must have a simple
methods to make but even if it simple it has to be meaningful
to the readers and wehave to draft it for ordinary readers not
just a scholar degree readers. Legal Writing it’s not just about
someone’s opinion, but it must have a law basic’s before you
write it. So that is why Legal Writing it so important.
33 https://www.ed.ac.uk/institute-academic-development/postgraduate/ta-
ught/learning-resources/assignments, 2017-12-21.
22
References
Eagleson, Robert, 1988, Efficiency in Legal Drafting, in Essays
on Legislative Drafting 13.
Peter Siviglia, 1996, Writing Contracts, Carolina Academic
Press
Sugianto Fajar, 2013, Basic Elements Of Legal Writing, Concepts
& Insights Series, R.A.De.Rozarie, Ikan Lumba-Lumba
40 Surabaya, 60177.
https://www.ed.ac.uk/institute-academic-development/p-
ostgraduate/taught/learning-resources/assignmen-
ts, 2017-12-21.
https://law.utexas.edu/faculty/wschiess/legalwriting/200
6/06/legal-drafting-three-definitions.html,2017-12-
26.
http://jzweinsteinlaw.com/lawyer/2016/09/23/Posts/TH
E-IMPORTANCE-OF-LEGAL-WRITING_bl26697.ht-
m, 2017-12-26
http://kantorhukum.blogspot.co.id/2008/08/legal-writing-
keahlian-yang-harus.html?m=1, 2017-12-26
23
DRAFTING METHODS
Fitri Hayatun Nufus34
Alza Gabriel35
M. Faris Kurniawan36
Ayu Fitri A.K.37
I. Introduction
1.1 What Is Legal Writing
Legal writing is a process with distinct stages and
distinct goals at each stage. Each writing stage serves an
important function as you work toward a finished document.
Legal writing is the kind of writing used by lawyers, law
professors, judges, and other workers in the field of law to
express legal rights, obligations, and opinions.
1.2 Why Legal Writing Important
The law is built on the past. Courts, Judges, and other
lawyers look at previously decided cases (case law), statues
and history when evaluating a case. At the very outset of a
civil case the judge/court will not hear or see their attorney
prior to reading many submissions from both the lawyer that
you hired and the opposing counsel. This first impression, one
are dealing with. The importance of a well written complaint
is immeasurable when entering the case.




24
1.3 Purpose Legal Writing
Legal writing that is written for a purpose. The
purpose may be to persuade a court or another attorney to do
something, or to inform a client or a supervisor about what a
court might do. But for goal as a writer is always to give
readers the information they need; further, if you know that
your readers have certain expectations as to content or format,
you want to meet those expectations.
1.4 Reason Studying Legal Writing
Learning legal terms is important for your career if
you are studying law regardless of the country. The main
reason behind this is the rise in globalization. Since a lot of
people study from one country and apply their learned skills
by moving to another country, it is important that you should
be able to communicate well while interacting with others.
1.5 What Is Good Legal Writing?
Legal writing is different than traditional or creative
writing. On one hand, the lawyer must tell the story and on
the other, you must hit all the elements of each claim being
brought to the courts attention. This is the unique aspect of
legal writing; it is utilitarian yet also passionate story telling.
Even in a motion to dismiss, which is to be just on the law,
you can often hear the author hitting the keys – hard – when
reading the submitted result. Good legal writing is not about
getting lost in the excitement, it is an attempt to move the
reader into your corner. To sway, on paper, the thoughts of
someone you have never met or have relatively little contact
with. The term, true in essence, is writing to your audience. A
lawyer who is using a motion or even complaint to vent
his/her frustrations is doing more harm than good for their
client.
25
2.1 Legal Memorandum
After we observed the legal memorandum Mr. Fajar,
then we analyze the methods used by Mr. Fajar. Starting from
the core issues of the problem in order to establish a case.
1. Make the conclusion of things specific to common.
2. Provides assumptions about what was about to be proven.
3. A statement attacking opponents and rebut his arguments.
4. Using the analogy to draw conclusions.
For example Mr. Fajar pick up from case “Kentoro
Ichigawa signed a lease containing several vague clauses”
Then through the facts. Understand the facts related to
the case in question fine. The presentation of facts is also
honest and objective, so we can understand the clients or its
position in the case. Make fact based on a combination of
chronological and topics such as “Shijuku Heights Twin
Tower Lease Provisions, Housing-Code Violations, Eviction-
Suit Defenses”
After going through the facts, enter rules. At this stage,
Mr. Fajar doing an inventory of material law both primary law
materials nor secondary law materials relating to the principal
issue in the case. After all the legal materials collected then the
next step is to sort out, Mr. Fajar choose ingredients that have
a legal relationship with the principal problems so Mr. Fajar
can predict the dawn of what answer will be given on the
principal problems such.
Mr. Fajar make regulations in its implementation that
can be applied in such cases, example “Ichigawa will e treated
as a tenant at sufferance who must pay the fair rental value of
the housing, given its condition”
After going through the rules, then Mr. Fajar analyzes.
Analysis is the heart or core part of legal memorandum. In
this section of principal problems to be answered by way of
analyzing the rule of law and its application on the facts in the
26
case. If there are several points of the problem, then any
principal problems analyzed and answered. Examples of
some of the questions analyzed then answered as indicated in
the legal memorandum.
1. Do vague provisions such as that one make the lease void
and unenforceable?
Short Answer: No. A lease is enforceable if it describes the
premises, identifities the parties, states the duration of the
lease and rental amounts, and is signed by both parties. If
those elements are present in the leasae, other vague
provisions will not render the lease unenforceable.
2. What is the effect of these violations on the landlord`s
ability to collect back rent?
Short Answer: If the defects existed when Ichigawa signed
the lease, then the landlord won`t be able to collect back
rent. But rather than being free from all obligations,
Ichigawa will be treated as a tenant at sufferance, who
must pay the fair rental value of the housing, given its
condition.
3. What are Ichigawa`s possible defenses or counterclaims?
Short Answer: Ichigawa may seek abatement of any rent
paid in excess of the fair rental value of the premises – a
remedy in the nature or recoupment. In he alternative, he
may seek damages for breach of the implied warranty of
habitability – a remedy that is considered a positive
counterclaim. The distinction can be important because
only in the action for damages can the tenant recover
money, as opposed to merely reducing the landlord’s
recovery
After going through the analysis, then Mr. Fajar make
a conclusion. The conclusion is a summary of the entire
contents of legal memorandum. An example of “The
distinction can be important because only in the action for
27
damages can the tenant recover money, as opposed to merely
reducing the landlord`s recovery”
2.2 Legal Opinion
After we observed the legal opinion Mr. Fajar, then we
analyze the methods used by Mr. Fajar. Starting from
observing the legal issues. The key to be able to observe the
legal issue is the ability to identify any legal facts gave rise to
any legal issues. Because the law is very complex, so any
restrictions or adding a fact of law will reduce or increase the
problems of the legal issues in the case in question, so as to
engender a new law enforcement efforts also. As in the title
used Mr. Fajar “Defining Expressive Theory Of Punishment
Toward Traditional Optimal Punishment Of Criminal Law”.
After looking closely at the issue of law, Mr. Fajar
create problems where the rule of law are applied. Any
problems or specific legal issues are governed by a specific
legal rules. The rule of law may be referred to the common
law which was created and developed by the Court, or may
be a written rule of law made by the legislature or lawmakers.
According to this literature, private enforcement
mechanisms include three main interrelated situations,
known as first-party (the rule violator), second-party (its
victim), and third-party enforcement (other than the first and
second). These are interrelated mechanisms are important
ingredients of expressive effects of law. First-party
enforcement is a concept based on the idea that law abidance
triggers first party enforcement mechanisms, meaning that,
independently of the content of the law. Second-party
enforcement can be carried out through the withdrawal of
future cooperation and reputational and social sanctions and
also through self-help and reprisal. Third-party enforcement
refers to situations in which punishment is carried out in a
decentralized fashion by third-party members of society.
28
In this context, third-party members include all
members of community other that the rule violator (the first
party), its victim (the second party), and those formally
entrusted with law enforcement (central law enforcers).
Then Mr. Fajar analyzing the rule of law with the
purpose to see have been met or do not satisfy the rule of law.
A very important part is indeed simple course. For each of the
relevant legal facts, you should ask whether the facts of the
law that you termukan can help you to prove or break the rule
of law in claims by right? If a rule of law requires a certain
State in order to satisfy the rule of law can be applied, then it
does not satisfy the state will help you to reach the conclusion
that the rule of law cannot be applied against the matter in
question.
In this context, much of the economic analysis of law
is informed by the goal of promoting efficiency. Several
competing definitions of efficiency are utilized, including the
notions of Pareto efficiency, Kaldor-Hicks efficiency, Nash
efficiency, and Rawlsian maximin efficiency. Although in
some situations these alternative criteria of efficiency lead to
similar normative results, in most applications the choice of a
specific criterion of efficiency drives most of the prescriptive
results. Hence, the methodological choice in efficiency
analysis carries important ideological significance. The
concept of efficiency as a normative criterion should be
distinguished from the concept of cost-effectiveness as an
instrumental criterion. When used normatively, the efficiency
criterion guides policy choices. Cost-effectiveness analysis
takes the policy goal as given and is used as an instrument of
cost minimization in the implementation of the policy
objectives. The instrumental use of cost-effectiveness is
therefore less controversial, and is accepted even by scholars
who do not endorse the normative use of economic analysis.
29
Then Mr. Fajar make conclusion. In this context, These
theories can be applied in the court of justice to develop a
theory of optimal punishment, based upon the goal of
minimizing the sum of the social harm caused by crime and
the cost of deterring it.
III. Conclusion
From the text above we can know what methods is
required effective writing provides faster results to read, easy
to understand, and easy to remember. Therefore, Good
Writing is likely to influence the reader and achieve the
desired result. If that is achieved, you can be said to be
proficient in doing legal writing.
Reference
Sugianto, Fajar. 2015. “Basic Elements Of Legal Writing”,
Surabaya: R.A. De.Rozarie.
30
DRAFTING METHODS
Fahmi Wahyu Yaasar38
I Gde Sandy Satria39
Achmad Abdul Malik40
Sophie Bellina41
Risya Tatamara A.P.42
I. Introduction
legal matter.43 Legal writing is important because, Probably
them ost important as pect of the law, which is shielded from
the genera lpublic, is legal advocacy in theform of the written
word. The movies do not cover it and you will never find it in
a televisionshow. Yet, goodwriting wins cases. Proper and
necessary advocacy skills definitively extend beyond the
written form. However, any competent and experienced
attorney will tell you a bout the extreme importance of
writingwell. The combination of great speaking skills and
greatwriting, isunbeatable.44 The purpose of legal writing is
to in flate weak ideas, obscure poor reasoning and inhibit




42 Student of Law Faculty University of 17 Agustus 1945 Surabaya,
programing Legal English course.

43 https://en.wikipedia.org/wiki/Legal_writing.
44 http://jzweinsteinlaw.com/lawyer/2016/09/23/Posts/THE-IMPORTA-
NCE-OF-LEGAL-WRITING_bl26697.htm.
31
clarity.45 The reason of studying Legal Writing is weneed to
learn legal writing because what we’restudying were al l
connected to legal writing , and legal writing were basics to
write a legal documents to make peoplecaneasily understand
2.1 Irac Methods
IRAC Methodfor Legal Writing
The IRAC method that is commonly used for legal
writing, helps break down fact patterns, complex
terminology, and complicated legal analysis into easy to
understand blocks of text.This method can also be useful for
summarizing legal opinion and preparing a case brief that
short summary of the usual formal court opinion. The IRAC
method is widely used by writing instructor, law students,
and lawyers as a useful method of answering complicated
legal questions.
IRAC Components
The IRAC method is a frame work for organizing your
answer to a business law essay question. The basic structure
is:
1. Issue: identify the issue.
2. Rule: state the rule/law.
3. Analysis: discuss the law in respect to the facts.
4. Conclusion: provide your conclusion.
Using this simple frame work for structuring your
answer will ensure that you have written a complete answer.
Example:
King Ltd is a manufacture of chemical goods. It signed a
contract with Bing Ltd a large discountre tailer. According to
the contract, King Ltd was to supply the manufactured goods
exclusively to Bing Ltd. Later, the directors of Bing Ltd
discover that there is a wholly-owned subsidiary of King Ltd
45 http://lawiscool.com/2008/11/05/the-purpose-of-legal-writing/.
32
which sell sidentical chemical goods to competitors at cheaper
prices. It turned out that the subsidiary was included to
enable King Ltd toavoid the consequences of the contract with
Bing Ltd. Providead vice for the directors.
Issue: The main legal question is whether it is possible here to
pierce the corporate veil.
Rule: The legal principle that should be applied, established
in Malodan’s case is that a company is an independent legal
identity from its members and directors. But there are
exceptions when it is possible to pierce the corporate veil. In
the case of Build nord Lotor Co Ltd v Borne, it was decided
that the corporate veil can be pierced if a wholly owned
subsidiary was made by a company to avoid a legal
obligation.
Application: In this case, King Ltd organized the subsidiary
company to avoid its obligations under the contract To supply
its chemical goods exclusively to Bing Ltd.
Conclusion: The directors can ask the court to pierce the veil
of the wholly-owned subsidiary of King Ltd and sue King Ltd
for the break of contract.
2.2 Draft For Ordinary Readers
The simplest english is the best for legislation.
Sentences should be short. Long words should be avoided .
Do not use one word more than necessary to make the
meaning clear. The drafter should bear in mind that his act is
supposed to be read and understood by the plain man.
Example: Nothing expressed or implied in this Agreement is
intended or shall be construed to give any person or entity,
other than the parties and the Buyer’s permitted assignees ,
any rights or remedies under or by reason of this Agreement.
III. Conclusion
From what we’ve observed and studied, we can
conclude that legal writing needs IRAC , which is to keep the
legal writing more simple and plain , and also we have to keep
33
the sentences short and simple as we could. So the readers will
understand it even the plain man too.
Reference
https://en.wikipedia.org/wiki/Legal_writing
E-IMPORTANCE-OF-LEGAL-WRITING_bl26697.htm
http://lawiscool.com/2008/11/05/the-purpose-of-legal-
writing/
34
DRAFTING METHODS
Beny Yunianto46
Yohana Kurniasari Wibowo47
I. Introduction
1.1 What Is Legal Writing?
Legal Writing is a type of technical writing used by
lawyers, judges, legislators, and other parties to disclose legal
analysis, writing draft legislation concepts, invitation laws,
legal opinions, and so on. Its main function is to clearly
communicate rights and obligations by avoiding confusion,
ambiguity of meaning, and the emergence of multiple
meanings.
1.2 Why Is legal Writing Important?
What makes Legal Writing very important is the role
of Legal Writing as a procedure or standard in various
writings such as expressing legal opinions, writing draft
legislation concepts, and legislation, so it must be controlled
by a legislator, advocate, and other legal practitioners.
Then in the world of education, especially for Students
in the Faculty of Law, Legal Writing is used as one of the
requirements to graduate from college. Therefore law
students must practice to create Legal Writing correctly,
which is needed in the world of work after they graduate. So
if they are proficient in making Legal Writing, it will be a
quality graduate ready to use in the world of work.
1.3 Purpose of Writing
Referring to the importance of Legal Writing in all
aspects, especially for the quality of the workplace, education


35
and training are essential. As quoted from the writings of
Himpun Panggabean.
To increase the volume and quality of international
scientific publications that are now listed as one of the
Kemenristekdikti agenda, the Indonesian government and a
number of prominent universities in Indonesia continue to
encourage every lecturer to publish their scientific work in
international journals by providing tens of millions of rupiah
incentives for one publication. But in order to achieve these
goals, the strategy to master English for the purpose of
writing scientific papers should be made as an integral part of
the Kemenristekdikti agenda. It should be noted that without
the practice of writing in a sustainable manner in English that
demands grammatical competence, vocabulary, coherence,
and very strict cohesion, the writing of international
standardized works will not be possible48.
Based on the important aspects of Legal Writing as a
tool in education to produce quality, the authors want to
describe some methods and tips to make Legal Writing
1.4 Reason Of Writing.
After knowing the importance of writing Legal
Writing in various aspects, the author wants to help to
provide the right method to create a good, clear, and easily
understood, so it can be shared and useful for the people.
48 Himpun Panggabean, “Jurnal Urgensi dan Posisi Bahasa Inggris Di

Indonesia”, from https://www.google.co.id/url?sa=t&rct=j&q=&esrc=s&s-
ource=web&cd=7&cad=rja&uact=8&ved=0ahUKEwjI4NmzhZnYAhUKr
I8KHXtwBlQQFghYMAY&url=https%3A%2F%2Fwww.researchgate.net
%2Fprofile%2FHimpun_Panggabean%2Fpublication%2F313160996_URG
ENSI_DAN_POSISI_BAHASA_INGGRIS_DI_INDONESIA%2Flinks%
2F5891a07ba6fdcc1b41467526%2FURGENSI-DAN-POSISI-BAHASA-
INGGRIS-DI-INDONESIA&usg=AOvVaw1IAlKh759VwobOkY4rx-
WKu, 20/12/2017, accessed on December 30th, 2017, 11:00 PM.
36
2.1 Drafting Methods
In general, there is four-steps to make Legal writing.
Writers work differently with different methods, one of them
is these four-step process developed by Betty Sue Flowers:
1. Madman;
As ideas generator, thing of things you want to say as
many as possible, as quickly as possible.
2. Architect;
As structure planner, figure out a sensible order for those
thoughts, then outline them systematically.
3. Carpenter;
As a builder: starting from yout outline, write out a draft.
4. Judge;
As a checker and decision maker: smooting over rough
transition to correcting grammar, spelling, and mistypes.49
Before creating Legal Writing, we must first know
what we will write later. To find that out, Dr. Fajar Sugianto
in his book Basic Elements Of Legal Writing provides several
steps to make it easy. Then he provides a concise method in
making a draft which is the author's favorite method, with the
explanation as follows:
Each character represents a separate intellectual
function. It is critical to allow the madman to spin out ideas
To frame your thoughts non linear outlining is suitable for a
start.
It starts out placing a shorthand name for the grand
theme in the center. Then you begin adding ideas-the more
the better. For every major you have, use a branch off the
center circle. For supporting ideas, try branching off from a
49Fajar Sugianto, “Basic Elements of Legal Writing”, Surabaya: R.A.De-

.Rozarie, 2015, pg. 5.
37
major branch. Everything you might want to mention goes
into the outline. This is named Whirly Bird.
2.2 Example
Legal Opinion about Defining Expressive Theory Of
Punishment Toward Traditional Optimal Punishment Of
Criminal Law.
1. Starts out placing a shorthand name for the grand theme in
the center.
DEFINING EKSPRESSIVE
THEORY OF
PUNISHMENT TOWARD
TRADITIONAL OPTIMAL
PUNISHMENT OF
CRIMINAL LAW
2. Then you begin adding ideas-theremore the better. For

every major you have, use a branch off the center circle
Statement Of The Issues
THEORY OF
Dicussion
PUNISHMENT TOWARD
TRADITIONAL OPTIMAL
PUNISHMENT OF
CRIMINAL LAW
Conclusion
38
3. For supporting ideas, try branching off from a major branch. Everything you might want to mention goes
into the outline.
Issue 3
Issue 1 Issue
2
Statement Of The Issues
Discussion
THEORY OF
PUNISHMENT TOWARD Material
TRADITIONAL OPTIMAL Argument
PUNISHMENT OF Fact
CRIMINAL LAW
Conclusion
Conclusion
Conclusion 3
2
1 Conclusion
39
III. Conclusion
Legal Writing is something very important in the
world of law, be it for legal professionals, as well as for
students. Therefore they must have the abilityin making Legal
Writing. Where in one step is to make a draft, as a general
framework of what to write.
Making Legal Writing can not be separated from
making a draft, because the draft is used as a guide to know
systematically what will be written, making it easier to
complete its Legal Writing. Therefore, the draft should be easy
and efficient. Of the various methods of drafting, according to
the author of the Whirly Bird method as described above is
the most favorite method of authors, because it is so simple,
simple, and easy to remember.
Reference
Himpun Panggabean, “Jurnal Urgensi dan Posisi Bahasa Ing-
gris Di Indonesia”, http://www.researchgate.net.
Sugianto, Fajar.2015,“Basic Elements of Legal Writing”, Sura-
baya: R.A.De.Rozarie.
40
DRAFTING METHODS
Nikita Fransiska Kristi50
Dwiky Akbar Nugroho51
Helmi Alwi52
I. Introduction
legal matter.53
Legal opinion is a written statement by a judicial
officer, legal expert or a court as to the illegibility or legibility
of a condition, intendant or action. In business, an opinion
letter represents the opinion giver’s professional unders-
tanding of a particular aspect of a transaction or a specific
transaction based on legal principles. The letter can also be
said to as an opinion of how the highest court of jurisdiction
would resolve the issues expressed in the letter. Professional
understanding of the issue relies on the law at the date of
writing. However, the opinions expressed in the letter are not
a guarantee of a particular outcome.54
The purpose of legal opinion is to satisfy contractual
agreement, Lawfulness of an action, Answer questions and
Satisfy regulatory requirements. An opinion letter is useful
before you get into a transaction. It is written before one
enters, litigates or defends transactions. An opinion letter



53 Wikipedia : https://en.wikipedia.org/wiki/Legal_writing.
54 Wikipedia : https://en.wikipedia.org/wiki/Legal_opinion.
41
must address all the questions that the client wants to be
answered. The reason why a client has the question is that
they are confused about an issue and they want professional
guidance in the area.
So when writing the letter, you must clarify all the
areas of concern. Most of the time, the clients approach you
with an unclear question. So, when drafting the questions,
make them more sensible. Ensure that you phrase them in a
way that communicates the client’s issues but in a more clear
and understandable way.
Having this said, there are two issues to consider:
a. What a methods to make a legal opinion
b. How to write a legal opinion
II. Discussion
2.1 Making a Legal Writing with Analysis CREAC
CREAC (Conclusion, Rule, Explanation of Rule,
Analysis, Conclusion) is a common approach to organizing
analysis of a specific legal issue. CREAC begins with your
conclusion. That is, you will tell the reader your opinion on
the legal issue from the outset, and you will then proceed to
demonstrate your reasoning. One CREAC per element/sub-
issue. If your legal issue includes a four-part rule, then you
should probably have four sub-sections within your Discus-
sion section, one for each element of the rule. Each one of
those subsections will be its own CREAC.
CREAC Structure. As mentioned above, CREAC
stands for: Conclusion, Rule, Explanation of Rule, Analysis,
and Conclusion. In terms of actually laying out your CREAC
analysis, we recommend the following:
1. Heading (Conclusion): Use your Conclusion as the
heading to your subsection. Remember, this Conclusion
should only speak to the particular sub-issue that you are
analyzing. Thus, if your memo addresses whether your
client could be held liable for a tort, your overall conclusion
42
might be, "Defendant Jones can be held liable for the
injuries that the Plaintiff suffered as a result of the
automobile accident." However, if you divided your
memo into three sections to address the three main
elements of the tort i.e., (1) duty, (2) breach of duty, and (2)
damages, then your heading would be limited to the
specific element that you are analyzing within that
section. For example, your Conclusion to Section one
might read: “Defendant Jones breached his duty to provide
safe travel to the Plaintiff by driving the school bus under
the influence of a narcotic.”
2. First Paragraph (Rule, Explanation): The first sentence of
the first paragraph of your section should clearly state the
relevant Rule. Remember, as with the Conclusion, this Rule
should speak only to the specific sub-issue that you are
analghyzing (i.e., “To hold the Defendant liable, a jury
must find that Defendant Jones breached his duty of care
to the Plaintiff.”). Following your single sentence rule,
your second sentence should provide the reader with an
Explanation of the Rule, which could be anywhere from a
single sentence to many sentences. Ideally, your
Explanation would include a list of factors/considerations
that you plan to discuss in the remainder of your
subsection when analyzing the issue. If you include such
a list, then you should organize the remainder of your
subsection according to that list of factors. For example, “In
making this determination, the court will consider (1) the
amount of hydrocodone that Defendant Jones consumed,
and (2) whether Jones was aware of the impact that the
narcotic would have on him while operating a school bus.”
3. Analysis Paragraphs: Following your introductory
paragraph, you should separate your Analysis into
individual, thematic paragraphs, hopefully corresponding
to the list of factors that you articulated in your
43
Explanation of the Rule above. In each of these paragraphs,
you should, if possible, start with a topic sentence that
indicates the topic that you will be discussing within that
paragraph, followed by a discussion of relevant case law,
which you will compare and contrast to your client's
circumstances.
4. Conclusion: Restate your Conclusion at the end of the
subsection in a one or two sentence paragraph.
2.2 Writing a Legal Opinion
The following will be a guide to writing an effective
and legally sound legal opinion. It will begin by discussing
the qualities of good writing which is central to writing a
successful legal opinion. It will then move on to discussing the
formulation of the legal opinion itself. Finally it will discuss
the use of law in a legal opinion and how to refer to both case
law and statute effectively and efficiently.
1. Quality of Writing
The primary purpose of a legal opinion is
communication of advice to either a lay or professional client.
It is therefore of the utmost importance that it is clear and in
plain, understandable English. Every word of the legal
opinion should be chosen by the writer because it
communicates precisely the advice which the writer intends
to covey.
It is important to write in plain English wherever
possible. A good legal opinion will avoid archaic language
and legalese. Use of legalese will create a barrier between
lawyer and client and divert the main purpose of the legal
opinion; to communicate. That is not to say that the legal
opinion should be over simplified. It will no doubt be
conveying specialised legal advice and must therefore be as
detailed as the writer thinks necessary. The use of plain
English simply involves saying what needs to be said in the
clearest way possible and avoiding unnecessary verbosity.
44
There are times where technical terms will have to be used if
they carry the precise meaning of the advice being delivered.
This should not be shied away from. Perfect grammar,
punctuation and precision of language are essential.
Clarity defines good writing. A legal opinion will
often contain a complicated set of facts which will have to be
sorted into specific legal issues and defined in legal terms.
Clarity of expression is therefore vital. Clarity of expression
can only be achieved through thorough planning and
thought.
A thorough plan will lead to a logical structure. Any
legal opinion will be conveying a particular point, but that
point will inevitably need to be broken down into sections.
Each section will culminate in an opinion and each opinion
must be fully explained and justified. Clarity of legal writing
also requires conciseness. This does not necessarily imply
brevity, but once the point has been made, nothing more need
be said. Having said that, completeness and total accuracy is
vital and conciseness should not come above giving full and
precise advice.
2. Formulation of a Legal Opinion
A request for a legal opinion will usually come in
written form. Such a request will usually include any
documents in the case. The request for a legal opinion will
include at least one and usually a number of questions which
the legal advisor is being asked to address. For a barrister an
instruction to provide a legal opinion will come from a
solicitor so any response will be written with the solicitor in
mind as the reader, but the solicitor will have requested the
legal opinion in order to advise the client and therefore the
client must be borne in mind as well. The client will want to
know for example not “will liability be established?”, but
“will I get any money out of this and if so how much?”.
45
A legal opinion will often have the over arching
question of does the client have a good and viable case. This
is clearly the most important question to any client and must
be approached with honesty and directness. If the client’s case
is not viable they must be advised of this in the course of the
legal opinion, if there is something which can be done to
improve the client’s prospects of success, a good legal opinion
will spell this out very precisely. Numbered action points are
one way of achieving clarity in this regard.
Above all it is vital to remember that in being asked to
draft a legal opinion, you are being asked to advise. Sitting on
the fence is not an option. Lay out the pros and cons of a
particular course of action, but always come down on one side
or the other.. Giving a percentage chance of success at the
beginning of a legal opinion is one way of being clear about
what you think the client’s prospects are.
Drafting a legal opinion can and should always be
split into two processes: The thinking process and the writing
process.
3. The Thinking Process
The first thing to do is to digest and organise the facts.
There will be facts in any case which are relevant and
pertinent to the case and facts which are not. A legal opinion
must focus on the relevant facts, but it may also be necessary
to specifically advise that certain things are not relevant. The
first stage will be about organizing the facts of the case into
these categories. It is a matter of personal preference how this
is done, but charts and schedules are often useful and a
chronology should be a starting point for every fact
marshalling exercise.
Once the facts are at your finger tips, a legal
framework needs to be constructed into which these facts can
be logically slotted. A legal opinion in a personal injury action
for example will be based on negligence and therefore will
46
usually be structured along the lines of duty, breach, damage,
causation, forseeability and contributory negligence. In a
negligence legal opinion it will be vital to assess the level of
damages that the client can expect to receive or pay out. This
will be at the forefront of the client’s mind.
Other types of cases will involve different legal
frameworks, but whatever the legal issue, the legal opinion
must be continuously advising on the strength of the client’s
position in the case. One question which is implicit in every
request for a legal opinion is ‘what should be done next?’ This
should be decided at the planning stage and should inform
the legal opinion throughout.
What should also be borne in mind throughout the
planning stage should be the opposing case. A legal opinion
will be useless if it considers the client’s case in isolation.
Evidential issues must also be considered. A good legal
opinion will always address how a particular factual situation
can be proved.
Before you begin writing a legal opinion, you will
know exactly what advice you are going to give, why you are
giving it and how you are going to present it.
4. The Writing Process
The legal opinion should be written following a
structure. It should be entitled OPINION or ADVICE and
contain the title of the case in the heading. The first
paragraphs should serve as an introduction to the legal
opinion, laying out the salient facts and what you have been
asked to advise about.
At this point, many legal opinions will set out the main
conclusions and advice and the overall opinion. This is good
practice as it will encourage focus throughout the legal
opinion and the reader will be able to read the following
paragraphs knowing where they are leading. A percentage
47
chance of success can be included in this section if
appropriate.
The subsequent paragraphs should set out your
reasons for reaching the legal opinion which you do in the
opening paragraphs. This is where the legal structure will
come in. Each issue should be taken in its logical order. Each
section should include you opinion on that issue and the
reasons for it.
There are certain rules of structure which ought to be
followed for the sake of consistency in legal opinions. One
example of these is that liability should be dealt with before
quantum in civil claims. If there are two or more defendants
take each of the defendant’s liability in turn before turning to
quantum.
The concluding paragraph of a legal opinion ought to
be a ‘Next Steps’ paragraph advising the instructing solicitors
of what needs to be done to strengthen the client’s case.
5. Using the Law in a Legal Opinion
There is no need to set out basic principles of law with
which the reader will be familiar. Otherwise, authorities
should be cited to support propositions of laws and when
doing so a full citation should be given. It is important to
prioritise the authorities cited in a legal opinion in order of
importance to the point being addressed. If a particular case
is central to your reasoning, the basis on which the case was
decided should be set out fully in the legal opinion. It may
even be appropriate to quote directly from the judgment
although often paraphrasing the effect of the decision will
usually suffice. Always refer the case you are citing back to
the facts being dealt with in the legal opinion. Always cite the
most authoritative case on the point of law being dealt with.
For example, there is no point citing a Court of Appeal
judgment which has been overruled by a subsequent House
of Lords case.
48
With regard to statute, much of the same advice will
apply. If there is a statutory provision which deals directly
with the subject of the legal opinion then this should be clearly
stated and its effects fully explained. Of course care must be
taken to ensure that any statutory provision being cited is in
force at the time of writing the legal opinion.
In summary, any legal opinion should be written with
the reader in mind. It should be clear, well reasoned and as
concise as it is possible to be without sacrificing completeness.
A logical structure based on the legal principles being
discussed is vital to clarity. Any piece of legal writing should
be read before submission to ensure against grammatical or
typographical errors which will detract from the communi-
cative value of the work. Above all, the advisory purpose of a
legal opinion should be borne in mind at all times
III. Conclusion
Legal opinion is a written statement by a judicial
officer, legal expert or a court as to the illegibility or legibility
of a condition, intendant or action. The purpose of legal
opinion is to satisfy contractual agreement, Lawfulness of an
action, Answer questions and Satisfy regulatory
requirements. An opinion letter is useful before you get into a
transaction. It is written before one enters, litigates or defends
transactions. An opinion letter must address all the questions
that the client wants to be answered. The reason why a client
has the question is that they are confused about an issue and
they want professional guidance in the area. CREAC
(Conclusion, Rule, Explanation of Rule, Analysis, Conclusion)
is a common approach to organizing analysis of a specific
legal issue. CREAC begins with your conclusion. Writing a
legal opinion should know a quality of writing, formulation
of legal opinion, thinking process, writing process and using
the law of legal opinion.
49
Reference
Essay UK - http://www.essay.uk.com/free-essays/law/leg-
al-opinion-writing.php
http://legalwritingtips.blogspot.co.id/2009/12/analysis-c-
reac.html
https://www.cleverism.com/lexicon/legal-opinion-definit-
ion/
50
DRAFTING METHODS
Suci Octavia55
Eni Stiyaningsih56
Yunita Hariyati57
I. Introduction
1.1 What Is Legal Writing
legal matter.
1.2 Why Legal Writing Is Important
The law is built on the past. Courts, Judges, and other
lawyers look at previously decided cases (case law), statues
and history when evaluating a case. At the very outset of a
civil case the judge/court will not hear or see their attorney
prior to reading many submissions from both the lawyer that
you hired and the opposing counsel. This first impression, one
are dealing with. The importance of a well written complaint
is immeasurable when entering the case.
1.3 Purpose of Legal Writing
The purpose of legal writing is usually to persuade,
but think deeply and thoroughly about that purpose. For
example, you write a motion to dismiss brief or opposition



51
brief to persuade a judge to either dismiss or not dismiss a
complaint
1.4 What Is Good Legal Writing
Legal writing is different than traditional or creative
writing. On one hand, the lawyer must tell the story and on
the other, you must hit all the elements of each claim being
brought to the courts attention. This is the unique aspect of
legal writing; it is utilitarian yet also passionate story
telling. Even in a motion to dismiss, which is to be just on the
law, you can often hear the author hitting the keys – hard –
when reading the submitted result. Good legal writing is not
about getting lost in the excitement, it is an attempt to move
the reader into your corner. To sway, on paper, the thoughts
of someone you have never met or have relatively little
contact with. The term, true in essence, is writing to your
audience. A lawyer who is using a motion or even complaint
to vent his/her frustrations is doing more harm than good for
their client.
II. Legal Drafting Methods
2.1 Favorite Legal Drafting Methods
1. Remember Your Audience
Every word you write should be tailored to the needs
of the reader. Documents that embody the same research and
message may vary greatly in content and tone based on the
document’s intended audience. For example, a brief
submitted to the court must advocate and persuade. A
memorandum to a client must analyze the issues, report the
state of the law and recommend an appropriaten course of
action. Always keep your audience in mind when crafting any
piece of writing.
2. Be Prepared for Your Writing to Worsen Before It Improves
As students new to the legal community, and as you
struggle to acquire new legal writing skills,expecttemporarily
52
to lose skills you once mastered.58 You may never have
struggled with organizing a paper or writinga clear and
coherent sentence before, but don’t be frustrated when some
of the feedback you receive on your legal writing reflects
writing problems you’ve never had before. Legal writing
imposes new demands on your mind. There are lots of new
things that you are thinking about when you sit down to write
your first memo, like how to follow the structure of a legal
document, how to synthesize a rule, and how to write an
effective case comparison. As you focus on mastering these
new skills, it is often simply too much to focus simul
taneously on sentence structure or effective paragraphs.
This should prepare you for two things. First, don’t be
dismayed when some of the feedback you receive reflects
writing problems you thought you had overcome long ago.
This is normal and is simply evidence that you’re learning
new things. Second, as you revise and edit your legal writing,
read through your document several times to look for
different issues. Dedicate at least one read-through to spotting
ordinary writing issues that may exist apart from the new
legal writing skills you’re trying to master.
3. Organize Your Writing
Organization is the key to successful legal writing.
Create a roadmap for your writing by using visual clues to
guide the reader. Introduce your subject in an introductory
paragraph, use transitional phrases (“moreover,
“furthermore,” “however,” “in addition,” etc.) between each
paragraph, introduce each paragraph with a topic sentence
and use headings and subheadings to break up blocks of text.
Limit each paragraph to one topic and sum up your message
with a concluding sentence or paragraph. Organizational
Joseph M. Williams, On the Maturing of Legal Writers;Two Models of Growth and

58
Development, 1 L.WRITING1, 15 (1991).

53
structure guides the reader through your text and promotes
readability.
4. Ditch The Legalese
Legalese - specialized legal phrases and jargon - can
make your writing abstract, stilted and archaic.
Examples of legalese include words such as aforementioned,
herewith, heretofore and wherein. Ditch unnecessary legalese
and other jargon in favor of the clear and simple. To avoid
legalese and promote clarity, try reading your sentence to a
colleague or substituting abstract words with simple, concrete
terms. For example, instead of “I am in receipt of your
correspondence,” “I received your letter” is clearer and more
succinct.
5. Be Concise
Every word you write should contribute to your
message. Omit extraneous words, shorten complex sentences,
eliminate redundancies and keep it simple. Consider the
following sentence: “Due to the fact that the defendant has not
attempted to pay back the money owed to our client in the
amount of $3,000 it has become absolutely essential that we
take appropriate legal action in order to obtain payment of the
aforesaid amount.” A more concise version reads: “Since the
defendant has not paid the $3,000 owed our client, we will file
a lawsuit seeking reimbursement.” The latter sentence
conveys the same information in 18 words versus 44.
Omitting unnecessary words helps clarify the meaning of the
sentence and adds impact.
6. Use Action Words
Action words make your legal prose more powerful,
dynamic, and vivid. Add punch to your writing with verbs
that bring your prose to life. Here are a few examples: Weak:
The defendant was not truthful. Better: The defendant lied.
Weak: The witness quickly came into the courtroom. Better:
54
The witness bolted into the courtroom. Weak: The judge was
very angry. Better: The judge was enraged.
7. Avoid Passive Voice
Passive voice disguises responsibility for an act by
eliminating the subject of the verb. Active voice, on the other
hand, tells the reader who is doing the acting and clarifies
your message. For example, instead of “the filing deadline
was missed,” say “plaintiff’s counsel missed the filing
deadline.” Instead of “a crime was committed,” say “the
defendant committed the crime.”
8. Edit Ruthlessly
Edit your writing ruthlessly, omitting unnecessary
words and rewriting for clarity. Careful proofreading is
particularly important in legal writing. Spelling, punctuation
or grammatical errors in a document submitted to the court,
opposing counsel or a client can undermine your credibility
as a legal professional.
III. Conclusion
To sum up, Legal Writing is important to us especially
for Students of law to improve skill to Writing on Legal, So
that all from us above on improving Legal Writing Skill, and
that is accroding to us a simple and clear way in making
Drafting Methods.
Reference
E-IMPORTANCE-OF-LEGAL-WRITING_bl26697.ht-
ml.
Joseph M. Williams, On the Maturing of Legal Writers;Two
Models of Growth and Development.
55

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PENERBIT PERTAMA DENGAN KODE BATANG UNIK

The Importance Of Legal Writing;

1Alumni Law Faculty University of 17 Agustus 1945 Surabaya.

3 “Legal Writing”. July, 3rd, 2017. https://en.wikipedia.org/wiki/-Legal-

Publisher. 2011. pg. 1.

9 Ibid, pg. 13.

12 Student of Law Faculty University of 17 Agustus 1945 Surabaya, program-

ing Legal English course.

ing Legal English course.

ing Legal English course.

17 Student of Law Faculty University of 17 Agustus 1945 Surabaya, program-

ing Legal English course.

ing Legal English course.

ing Legal English course.

ing Legal English course.

25 Robert Eagleson, Efficiency in Legal Drafting,in Essays on Legislative Drafting

Series, R.A.De.Rozarie, Ikan Lumba-Lumba 40 Surabaya,60177, 2013, pg.

29 Ibid, pg. 29.

30 Ibid, pg. 30.

32 Ibid, pg. 34-36.

34 Student of Law Faculty University of 17 Agustus 1945 Surabaya, program-

ing Legal English course.

ing Legal English course.

ing Legal English course.

38 Student of Law Faculty University of 17 Agustus 1945 Surabaya, program-

ing Legal English course.

ing Legal English course.

ing Legal English course.

programing Legal English course.

46 Student of Law Faculty University of 17 Agustus 1945 Surabaya, program-

ing Legal English course.

48 Himpun Panggabean, “Jurnal Urgensi dan Posisi Bahasa Inggris Di

49Fajar Sugianto, “Basic Elements of Legal Writing”, Surabaya: R.A.De-

2. Then you begin adding ideas-theremore the better. For

50 Student of Law Faculty University of 17 Agustus 1945 Surabaya, program-

ing Legal English course.

ing Legal English course.

55 Student of Law Faculty University of 17 Agustus 1945 Surabaya, program-

ing Legal English course.

ing Legal English course.

Joseph M. Williams, On the Maturing of Legal Writers;Two Models of Growth and

Development, 1 L.WRITING1, 15 (1991).

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