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Legal Writing Notes

Civil Procedure I (Wake Forest University)

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I. Introduction
● Definition of legal writing
Legal writing refers to the written or printed communication used in the legal profession. It
includes a wide range of documents, such as court opinions, briefs, contracts, pleadings, and
other legal documents. Legal writing is characterized by its formality, precision, and clarity. It is
typically written in a clear, concise, and structured manner, and it must adhere to the rules of
legal citation and legal style. Legal writing often involves the use of specialized vocabulary and
legal terminology, and it may require research and analysis of legal principles and precedent.
Legal writing is an important part of the legal profession, as it is used to persuade and inform
judges, lawyers, and other legal professionals about legal issues and arguments.

● Importance of legal writing in the legal profession

Legal writing is a crucial skill for lawyers, as it is a fundamental part of their daily work.
Lawyers must be able to effectively communicate legal analysis, arguments, and information to
their clients, the court, and other legal professionals in a clear, concise, and persuasive manner.
Legal writing requires a high level of attention to detail and the ability to present complex legal
concepts in a way that is easy to understand.
Legal writing is used for a wide range of purposes, including drafting contracts, pleadings,
motions, briefs, and other legal documents. It is also used to prepare memoranda, legal opinions,
and other written materials that may be used in the course of legal representation.
In the legal profession, strong legal writing skills are essential for success. Lawyers who can
write clearly and persuasively are better able to advocate for their clients and present their cases
effectively. They are also more likely to be successful in negotiations and settlement discussions,
and to be able to effectively communicate with other legal professionals.
Overall, legal writing is a vital part of the legal profession and is an essential skill for any lawyer
to master.

II. Elements of legal writing

● Clarity and conciseness
Clarity and conciseness are important qualities in writing and communication. Clarity refers to
the ability to communicate your ideas in a clear and understandable way, while conciseness
refers to the use of the fewest number of words possible to convey your meaning.
Here are some tips for improving clarity and conciseness in your writing:
1. Use simple and familiar words: Avoid using jargon or technical terms that may be
unfamiliar to your audience. Use clear and straightforward language instead.
2. Use active voice: The active voice makes your writing more direct and engaging. In the
active voice, the subject of the sentence performs the action, rather than the object
receiving the action.

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3. Avoid unnecessary words: Eliminate any words or phrases that do not add meaning or
value to your message.
4. Use concrete examples: Providing concrete examples can help to illustrate your point and
make your writing more engaging and understandable.
5. Use transitions: Use transitions to connect your ideas and help your writing flow more
smoothly.
By following these tips, you can improve the clarity and conciseness of your writing and make it
more effective at communicating your ideas.

● Proper grammar and syntax

Grammar refers to the rules that govern the way words are used in a language to form sentences.
Syntax refers to the rules that govern the way words are arranged to form phrases and sentences.
Here are some tips for using proper grammar and syntax in your writing:
1. Use the correct verb tense: Make sure to use the correct verb tense for the context of your
sentence.
2. Use subject-verb agreement: The subject and verb of a sentence should agree in number.
For example, "The cat is sleeping" is correct, but "The cats are sleeping" is incorrect.
3. Use proper nouns: Proper nouns refer to specific people, places, or things. These should
be capitalized. For example, "London" is a proper noun, while "city" is a common noun.
4. Use punctuation correctly: Punctuation helps to clarify the meaning of a sentence by
indicating pauses, emphasis, and other elements of structure. Make sure to use
punctuation correctly to avoid confusion.
5. Use the right words: Choose your words carefully to convey your meaning clearly and
accurately. Avoid using slang or colloquial language in formal writing.
By following these tips, you can improve the grammar and syntax in your writing and
communicate your ideas more effectively.

● Use of proper citation and formatting

Proper citation and formatting are important elements of academic and professional writing.
They help to give credit to the original sources of information and ideas, and they also help to
make the document more organized and easier to read.
There are several different citation styles that can be used, including APA, MLA, and Chicago.
Each of these styles has its own set of rules and guidelines for citing sources and formatting
documents. Some common elements that are typically included in citations include the author's
name, the title of the work, the date of publication, and the source of the information.
In terms of formatting, there are also a number of guidelines that should be followed to ensure
that the document is easy to read and visually appealing. This can include things like font and
font size, margins, line spacing, and the use of headings and subheadings.

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Overall, it is important to follow proper citation and formatting guidelines in order to give credit
to the original sources of information and ideas, and to make the document more organized and
easier to read.

● Use of legal terminology

Legal terminology refers to the specific language and phrases used in the field of law. This
language can be complex and specific to the legal profession, and it is important for individuals
working in or interacting with the legal system to have a basic understanding of it. Some
common legal terms include:
● Affidavit: A written statement that is made under oath and is used as evidence in court
proceedings.
● Brief: A written document that sets out the legal arguments and supporting facts in a case.
● Complaint: A formal statement of the facts and legal basis of a lawsuit, filed by the
plaintiff in a court case.
● Contract: A legally binding agreement between two or more parties.
● Damages: Money awarded to a person as compensation for a loss or injury suffered.
● Deposition: A sworn statement given by a witness in a legal case, typically recorded by a
court reporter.
● Evidence: Information presented in a court case to prove or disprove a fact.
● Jurisdiction: The legal authority of a court to hear and decide a case.
● Plea: A formal response by a defendant in a criminal case, indicating whether they plead
guilty or not guilty.
● Summons: A legal document that requires a person to appear in court.
● Testimony: Evidence given by a witness under oath in a court proceeding.
It is important to note that legal terminology can vary by jurisdiction, as the laws and legal
systems of different countries and regions may have their own specific terminology.

III. Tips for effective legal writing

● Organize your thoughts before writing
● Use active voice
● Use plain language
● Use headings and subheadings to improve readability
● Use lists and tables to present information clearly
IV. Common types of legal documents
● Briefs and motions
A brief is a written document that presents a party's legal arguments in a case. It may be filed
with a court in connection with a hearing or trial, or it may be submitted in support of a motion.
A motion is a request made to a court or judge to take a specific action in a case. Motions can be
made at any time during a case and can be used to request a wide range of actions, such as asking
the court to issue an injunction or to allow the introduction of certain evidence at trial.

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There are several types of briefs that may be filed in a case, including:
● A motion for summary judgment, which is a request for the court to decide a case based
on the facts presented without a full trial
● A motion to dismiss, which is a request to end the case before it goes to trial
● An appellate brief, which is a document filed with an appeals court outlining the legal
arguments and supporting evidence in a case
● A petition for writ of certiorari, which is a request to the Supreme Court to review a
lower court's decision
Briefs and motions are an important part of the legal process and are used to present arguments
and evidence to a court in support of a party's position.

● Contracts
Contract law is a branch of civil law that deals with the formation, performance, and
enforcement of contracts. A contract is an agreement between two or more parties that creates
legally enforceable obligations. In order for a contract to be enforceable, it must meet certain
requirements, such as the presence of an offer and acceptance, consideration, capacity, and
legality.
Contracts can be written or oral, and they can be formal or informal. Written contracts are
generally preferred because they provide a clear record of the terms of the agreement. Oral
contracts can be difficult to enforce because there is often a lack of clear evidence regarding the
terms of the agreement.
Contracts can be used in a wide variety of situations, including the sale of goods, the rendering
of services, the leasing of property, and the exchange of promises. If a party fails to perform its
obligations under a contract, the other party may have the right to seek damages or other
remedies.
There are various defenses to a breach of contract claim, such as the defense of lack of capacity,
duress, fraud, and mistake. If a contract dispute cannot be resolved through negotiation or
mediation, it may need to be resolved through the court system.

● Legal memoranda
A legal memorandum is a document that sets out the facts of a legal case, the relevant laws and
regulations, and the legal arguments that support one side's position. It is a document that is used
to persuade a court or other decision-making body to rule in favor of the party that has prepared
the memorandum.
Legal memoranda are often used in civil and criminal cases to summarize the legal issues and
arguments for the benefit of the court or decision-making body. They may also be used by
attorneys to summarize the legal issues and arguments for the benefit of their clients or
colleagues.

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In preparing a legal memorandum, an attorney will typically begin by identifying the legal issues
that are relevant to the case. The attorney will then research the relevant laws and regulations,
including case law and statutes, to determine how they apply to the facts of the case. The
attorney will also consider any legal arguments that can be made on behalf of the client or party,
and will set out these arguments in a logical and persuasive manner.
Legal memoranda may be used in a variety of legal contexts, including in court proceedings, in
negotiations with opposing counsel, and in the preparation of legal briefs or other documents.
They can be an important tool for lawyers in presenting a clear and concise summary of the legal
issues and arguments in a case.

● Court opinions
Court opinions are written documents that explain the reasoning behind a court's decision in a
particular case. These documents are issued by a judge or panel of judges after hearing
arguments and considering the evidence presented in a case. Court opinions can be issued in civil
cases, criminal cases, and appeals of lower court decisions.
Court opinions are important because they set precedent for future cases with similar facts. For
example, if a court issues an opinion in a case involving a particular legal issue, that opinion can
be cited by other courts as authority in similar cases. Court opinions also provide transparency
and accountability in the legal system, as they explain the reasoning behind a court's decision
and help the public understand how the law is being applied.
In the United States, court opinions are typically published in official reporters, which are
collections of legal opinions organized by jurisdiction and topic. There are many different
reporters for different types of courts, including state courts, federal courts, and appellate courts.
Court opinions can also be found online, through a variety of sources such as legal databases,
government websites, and news organizations.

● Client letters
Client letters are written communication between a business or organization and a client. They
can be used for a variety of purposes, such as to provide information about a product or service,
to confirm an order or payment, to request additional information or clarification, to apologize
for a problem or inconvenience, or to express appreciation for a client's business.
Client letters should be professional and courteous, and should clearly and concisely convey the
necessary information. It is important to use proper grammar and spelling, and to proofread the
letter carefully before sending it. It is also a good idea to customize the letter to fit the specific
needs and circumstances of the client, and to make sure that it addresses any concerns or
questions that the client may have.
In addition to traditional paper letters, client letters can also be sent via email or other electronic
means. Regardless of the format, it is important to maintain a high level of professionalism and
to be respectful and responsive to the needs of the client.

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V. Conclusion
● The role of legal writing in the practice of law
Legal writing plays a crucial role in the practice of law. It is the process of conveying legal
information and arguments in a clear, concise, and persuasive manner.
Legal writing is used in a variety of contexts in the legal profession, including drafting legal
documents, such as contracts and pleadings, writing legal memos and briefs, and preparing legal
correspondence. It is an essential skill for lawyers, as it allows them to effectively communicate
legal ideas and arguments to clients, colleagues, judges, and other legal professionals.
Legal writing requires a strong command of the English language and an understanding of legal
terminology and principles. It also requires the ability to analyze complex legal issues and
present them in a logical and organized manner. In addition, legal writing must be precise and
accurate, as even small errors or omissions can have significant consequences in the legal field.
Overall, legal writing is a critical aspect of the practice of law, as it allows lawyers to effectively
advocate for their clients and navigate the legal system.

● The importance of clear and effective legal writing for attorneys and non-attorneys
alike
Clear and effective legal writing is important for attorneys and non-attorneys alike for a number
of reasons.
First and foremost, legal writing is a means of communication. It is used to convey complex
ideas and arguments to a variety of audiences, including judges, clients, and colleagues. As such,
it is important for legal writing to be clear, concise, and easy to understand. This not only makes
it easier for the reader to follow the argument being presented, but it also helps to ensure that the
writer's message is conveyed accurately and effectively.
Additionally, legal writing is often used to persuade the reader to adopt a certain position or take
a specific action. In order to do this effectively, the writing must be well-organized, logical, and
supported by relevant legal authority.
Furthermore, legal writing is used to create legal documents, such as contracts, pleadings, and
opinions, which have significant legal consequences. It is therefore crucial that these documents
be drafted with precision and attention to detail, to ensure that they are legally binding and
enforceable.
Overall, the importance of clear and effective legal writing cannot be overstated. It is essential
for attorneys and non-attorneys alike to be able to communicate effectively and persuasively
through their writing, and to be able to create legally sound documents that accurately reflect
their intentions.

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