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MKU Legal Research & Writing - Basic Principles of Legal Writing
MKU Legal Research & Writing - Basic Principles of Legal Writing
MKU Legal Research & Writing - Basic Principles of Legal Writing
To learn techniques for writing clearly and concisely in different legal professional contexts.
Prepare legal documents in a manner that is consistent with the purpose and audience of the
document in question;
Draft legal documents that are consistent with the basic rules of legal writing.
Content
9.1 Introduction to legal writing
9.2 Types of legal documents
9.3 Principles of legal writing
Audience
Purpose of writing
Use of active and passive language (voice)
Use of plain english
Use of legal terminology/language/ jargon
Use of latin phrases/words
Acknowledge the source of your information
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9.1 Introduction to legal writing
The main aim of legal writing is to communicate effectively with your audience. To communicate
effectively one has to write clearly, concisely and precisely. The golden rule for clarity is that your
writing should be comprehensible at first reading.
The test of good writing is whether you can convey to your readers exactly what you intend to
convey
Sir Ernest Gowers, The Complete Plain Words (Revised Edition, Penguin Books 1987)
Lawyers prepare various types of legal documents. These documents could be informal or formal
documents.
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9.3 Principles of legal writing
Audience
Keep in mind the type of audience you are communicating with. The type of audience dictates the
tone and writing style that you shall employ. Your audience could be the court, the client, the
public or the legal fraternity.
NB: Your writing style and tone changes with your type of audience
Purpose of writing
The beginning of good organization is knowing the purpose of writing. Your writing should
achieve something. For example, is it to persuade or inform? That drive, along with your
knowledge of audience, should define the form, writing style and the language of the document.
Active voice – where the subject of the sentence does the action.
Example 1:
Example 1: Sentence written in active voice
Passive voice – the action is done to the subject of the sentence. In other words, the subject of the
sentence is acted upon.
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The characteristics of active voice versus passive voice
One should write simply – mixing simple words and complex words.
Sentence construction
Sentences should be short and should have a unity of thought’. Ideally, a sentence should convey a
single idea. Keep your sentences as short as possible. Short sentences are easier to read than long
sentences. The longer the sentence, the more the reader has to remember before being able to
work out what message the sentence is conveying.
In any piece of written work, the sentences will vary in length. However, if you find yourself writing
a long sentence, pause to ask yourself whether it could be split into two separate sentences (or
whether it could be split into two parts by the use of a semicolon).
Paragraph construction
A paragraph is merely a collection of sentences devoted to a single topic. Each separate topic
should be dealt with in a separate paragraph. Each paragraph should deal with only one topic. If a
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topic is too lengthy for a single paragraph, the topic can be divided into two or more paragraphs.
Paragraphs that consist of only a single sentence should also be avoided.
Legal language includes the proper use of legal terms, such as the correct name of a court, and the
correct usage of words like “equity”, “negligence”, “foreseeability”, or “action”. They may have one
meaning for a layman and another meaning to a lawyer. Use these words appropriately to give an
accurate and clear expression to the matter being discussed.
Latin phrases should be in italics if you use them. Use them rarely and only where the Latin phrase
is a “term of art”, such as ratio decidendi or obiter dictum. Use these words appropriately to give an
accurate and clear expression to the matter being discussed.
Legal argument often requires reliance on other legal authority – for example, sources of law.
Authorities need to be cited, and properly. This will mean you need to use references, footnotes,
and bibliographies/reference lists for your written work.
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Recommended readings:
Yusuf Kiwanda, The Exodus of Law and Legal Methods (Law Africa Publishing Ltd Kenya
2016) chapter 7
Lisa Webley, Legal Writing (3rd Edition, Taylor and Francis Group 2018) pages 21 -24
Terri Le Clercq and Thomas R Phillip, Expert Legal Writing (University of Texas Press 1995)
chapter 6, 8 and 20
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