Characteristics of Good Legal Writing Are
Avoid clichés as much as possible. Avoid words, phrases, or phrases that have been used and read so many times that their power or effect has been lost or diminished. Examples: clear; Time is of the essence; Well installed. Use idioms. The most common idioms are: (1) alliteration or the use of similar-sounding words («sweet smell of success»). (2) Parables or comparisons («As a pianist practices the piano, the lawyer should therefore practice the use of words, both written and oral.»). (3) Metaphor or indirect comparisons (Judge Abraham Sarmiento: «At the risk of being disrespectful, the reading of constitutional rights for a poor and illiterate peasant is no different from the reading of the Ten Commandments for a deaf-mute sinner»). (4) Personification or attribution of human characteristics to non-human objects (Judge Isagani Cruz: «[Decisions] are the voice of departed judges who speak of the future. »). Avoid unnecessary repetition. Repetition is one of the most useful tools available to authors. Repetition allows a writer or speaker to hammer home an idea, image, or relationship to force the reader to pay attention.
Sir Winston Churchill said: «When you have an important point to make, don`t try to be subtle or intelligent. Use a batch driver. Get straight to the point. Then come back and hit it again. Then you beat him a third time – a huge blow. What should be avoided is unnecessary repetition. Use «consensus» instead of «consensus of opinion»; «Panacea» instead of «Panacea for all evils»; «Cancel» instead of «Cancel, Cancel and Set Aside». Shorten sentences. There are only two remedies for a long sentence: say less and put a period in the middle.17 Short sentences make it easier to read.
The mind easily digests sentences that are offered in small bites. However, here is a precautionary measure. Do not bore the reader with a train of short sentences. Vary the length of sentences to make them interesting. The diversity of sentences is the spice of good legal writing. Choose your best or most compelling arguments to focus on when writing, and then filter out other supporting arguments. Use headers to divide sections and move from one argument to another, and start new sections with summary sentences. If necessary, it can also be useful to use lists and bullets to make your font scannable for the reader. Use specific words instead of general words. General: «The victim was hit on the head with a blunt instrument.» Specifically, the victim was hit on the head with a wooden baseball bat. Use the names of the parties.
«Do not review all your short-term parties that call plaintiff-appellants and defendants-appellants or others. The complainant would suffice, but it is preferable to name the parties. If you use procedural titles, the reader must translate to understand what we mean. The procedural titles change over the course of the case, but the names remain the same. 12 Also avoid legal language in party names. A common sight in pleadings: «Plaintiff Sto. Santito Memorial Gardens, Inc. (hereinafter referred to as the company for the sake of brevity). Applicant Sto. Santito Memorial Gardens, Inc. (Corporation) holds the same position. Whenever possible, avoid compound sentences, which are separate sentences linked to a sentence by conjunctions such as and, or, but, while and similar.
The goal is to make the points you raise in a sentence easy to read and understand. A rule of thumb is to limit the number of words for each sentence to a maximum of twenty. In general, keep paragraphs short. Follow the same rule when writing paragraphs. A sentence contains a unit of information. A paragraph contains a set of related information. Channel information in a paragraph. If you have a new set of information, paste it into a new paragraph.
Vary the sentence patterns in the paragraphs. As a reminder, do not always start a sentence or the introductory sentence of the paragraph with «The». Five of the nine consecutive paragraphs of a short decision in the SCRA case began with «The». (1) The defendant-plaintiff […]; 2. Information …; (3) The conclusion of the lower court …; (4) Inconsistencies…; and (5) The defendant has the right to.. Place related information in a sequence or list style. If you have a list of arguments, reasons, or information to present, a good suggestion to help the reader follow you and understand you is to put them in order. Examples: (1) The action brought by the court infringes the applicant`s right to due process for the following reasons: First, ______. Second, _____. Third,____. (2), First, ____.
In addition,_____. In addition, ____. Finally,____. Lawyers do four things. They read, they think, they speak and they write. Good writing is the essential part of effective advocacy. Is «Ingredient» the right word? Is it the best choice? Does it meet the Mark Twain standard? Could I have chosen «Element» or «Component»? Should I have written «the most essential» instead of «essential»? Why am I asking these questions? The use of jargon, including legal terms, is only appropriate in certain contexts. For example, using too much «legal language» with a client who is not familiar with certain legal issues can lead to confusion and confusing the conversation with unnecessary questions. Be consistent in the use of words. The elegant font is demonstrated by good taste and consistency in the choice of words.