Kỹ năng viết pháp lý Plain english and general principles of legal writing

Plain English and General Principles of Legal Writing Overview Introduction to the topic Preparation Stage Writing Stage A Paragraphs B Sentences C Words D Punctuation Editing Stage Introduction •Legal writing is different from other forms of writing • Legal writing is formal and professional • Legal writing is powerful – significant consequences can follow from poor drafting • Legal writing (should be) practical, direct, and clear • Legal writing generally follows organizational patterns •The main goal is making information that is often technical and complicated accessible to a reader Preparation Stage A Identifying the reader B Determining required document type C Creating an outline Preparing to Write Steps Identify the reader Determine what type of document and how the document will be formatted Create an outline Preparing to Write: Identifying the reader Who is your reader? • Where is your reader from? • What is their education level? • What is your reader’s job? • What your reader’s language proficiency? What does the reader want in terms of: i) style ii) length iii) simplicity Preparing to Write: Determining required document type What is the scope of the project? • Memorandum or email? • Full contract or agreement letter? How will you format that document? • Remember, the goal is to make the writing acessible to the reader Preparing to Write: Create an outline How will you present the ideas that you need to convey to the reader? What material will you cover? • Consider the client question carefully • Consider if there are other topics or if there is information that is necessary for the reader to understand How will your order that material? • Question of how to structure the document to make the information most available to the reader • Consider how the reader will need to process information Preparing to Write: Create an outline Ordering material • Use IRAC, CRAC, or CREAC for the document AND/OR sections of the document • Issue: the general topic of the document of the section IRAC CRAC CREAC • Rule: The applicable law or regulation I Issue C Conclusion C Conclusion • Application: the analysis of how the rule applies in the specific instance (often this is found in the Issue section) R Rule R Rule R Rule A Application A Application • Explanation of Rule: explaining how a rule works or the purpose of a rule C Conclusion C Conclusion E Explanation of Rule * General purpose for all types of legal writing * Especially good for drafting arguments • Conclusion: this is where you state the result of the analysis Also where you state your opinion of the outcome A Application C Conclusion * Used for complex arguments Preparing to Write: Create an outline Ordering material Methods of ordering sections Chronological order Categorical order; information sorted under categories Ascending order of complexity: simplest first Descending order of importance: the most important first Ascending order of importance: most important last (not recommended for legal writing) Writing: Words and word choice How to use more client friendly language Do not use complex or large words Do not use archaic words Eliminate “Said (noun/verb)” and “Such (noun/verb)” Writing: Words and word choice – Large and complex words • Using complex does not make you appear more intelligent • Especially when the content is already complex, using common, simple words can help your reader understand the content more easily • Some examples: • • • • Cease -> stop Commence -> begin Pursuant -> under Utilize -> use Writing: Words and word choice – archaic words • Almost universally, lawyers love to use archaic words • These words essentially are only used by lawyers and actors in Shakespearean plays • Worst offenders include: • Herein -> “in this [document name]” or “attached” or “enclosed” • Hereinafter -> “below” • Herewith -> “enclosed” or “attached” • Aforementioned/aforesaid -> omit or “previously mentioned” or “mentioned above” • Forthwith -> “immediately” • Henceforth -> “from now on” Writing: Words and word choice – “said/such (noun/verb)” • Another way of writing that lawyers almost universally love to use to refer to a noun from the previous sentence • Example: “Such documents must be delivered to ” • Said/such should be substituted for “the” or “these” or “this” • Example: “These documents must be delivered to ” Writing Stage A Paragraphs B Sentences C Words and word choice D Punctuation Writing: Punctuation • English has too many punctuation rules to cover in this presentation • A couple selected rules: Commas or parentheses? • Whichever adds more clarity Example: A counter-notice must be given to the landlord, who may, or may not, be the immediate landlord who served the notice terminating the tenancy and must be given within two months of the landlord’s notice Example: A counter-notice must be given to the landlord (who may, or may not, be the immediate landlord) who served the notice terminating the tenancy and must be given within two months of the landlord’s notice Do not use quotation marks for “air quotes” • Air quotes appear when the writer uses quotation marks around a noun to signify that it has important status in the sentence: Example: The new law prohibits bar and club workers performing promiscuous acts Said “promiscuous acts” are • Note, this is commonly used by many writers, but my opinion is that it doesn’t belong in formal writing since it is a misuse of the punctuation Editing Stage Quick tips Editing: Tips 1.Create a list of party names, then go through and highlight each party name to make sure it is spelled correctly •Party names are proper nouns which means spell check will not catch errors •An error relating to a party name can have serious consequences in a contract •An error of a party name will stand out to a party and is very unprofessional Editing: Tips Make sure the document language is correct •If the language is incorrect, spell check will miss errors Editing: Tips For important documents (letters, etc.) use the listening feature of MS word Editing: Tips For important documents (letters, etc.) use the listening feature of MS word Appendixes Appendix A – Generic transitions Appendix B – Summarizing noun phrases Appendix C – Undesirable words Appendix A Generic transitions (See attached PDF) Appendix B Summarizing Nouns action(s) concept facet rationale advantage consequence(s) form reason(ing) angle course [of action/to follow] item result aspect criterion(a) motive rule attempt idea outcome stage branch disadvantage period step category drawback plan term circumstance(s) end principle type class fact problem Appendix C Undesirable words (See attached PDF) ... Stage Writing Stage A Paragraphs B Sentences C Words D Punctuation Editing Stage Introduction ? ?Legal writing is different from other forms of writing • Legal writing is formal and professional • Legal. .. sentences specific and explain the content of the general statement • V paragraphs are more common in legal writing • General statement • Specific support Example: V paragraph Writing Stage A Paragraphs... generally elaborating on or explaining the content of the general sentence • The paragraph concludes with another general statement about the topic or a restatement of the first statement • General