A Guide to Legal Writing Introduction

A Courtroom is a place or a room where a court of law meets. Although this definition seems pretty self-explanatory there are a lot of rules and procedures that come along with it. From municipal courts, juvenile courts, substance abuse courts etc., the courtroom has a certain etiquette one must follow in order to act appropriately in court. Every courtroom actor has an important role not only verbally but also rhetorically in the courtroom. This guide will focus on the rules and procedures in a municipal court, which is a court that jurisdiction is confined to a city or municipality, with criminal jurisdiction usually corresponding to that of police court and civil jurisdiction over small cases. This guide will also touch on general issues, roles and writing that can be prevalent in any type of courtroom. Some topics this guide will focus on are how to get started writing a legal document, whether its a guide, or a brief, there are certain steps one must consider before writing. I will also focus on grammar and formatting concepts. Not being familiar with correct grammar while dealing with legal documents can damage credibility in the courtroom. Since the legal courtroom is full of high-educated workers, being aware of small grammatical errors is very important. Finally, this guide will cover roles and identities in regards to writing. Each type of legal document writing is aimed to have a certain outcome. Whether its to persuade or to state facts, the writers must be aware of the certain genre they must follow, and who the audience is that will be reading their writing. My primary research I conducted was in the Athens, Ohio county municipal court. My secondary research was from the books Legal Research, Writing & Analysis by Peter Jan Honigsberg and Legal Writing: Getting It Right and Getting It Written By Mary Barnard Ray and Jill. J. Ramsfield.

Getting Started: Analyzing, Identifying, Outlining

Writing in almost any field is usually never the perfect the first time. There are appropriate steps that must be taken and rules and guidelines that one must follow. In the law field there are many different types of writing. We have research writing, citation documents, graphic aids, research writing, memo writing and brief writing, just to name a few. The one aspect that all these types of writing share are the similar preliminary process steps needed to get started. The processes before composing the final draft of your legal document are crucial. This may require numerous outlines, and a million different copies, but the one thing to remember is your credibility is on the line. Depending on the type of court, state and legal case youre writing for, these requirements may not be as strict. No matter what the case may be, planning is key. Although law school can prepare most

writers for the legal documents they will have to encounter in the work force, it is never a bad idea to seek help and advice. There are many other courtroom workers that can be willing to help, or show certain examples. Check, and double-check the sources of your work. The organization and pre-writing part can be key in making sure all the facts and laws listed are up to date and correct. For example, a certain law may have had revisions over the past six months and it is important to be able to point out all those things, and it is easier to do so by following the correct getting started steps. Analysis, Pre-writing, organization. No matter what kind of legal writing one is composing there must be preparation before beginning work on the final document. It is very important for legal writers to have an idea of what they are writing about before they compose the final product in order to same time later in revising and polishing. When writing a legal document it is important to analyze the facts. Whether its differentiating relevant facts, to non-essential facts, recognizing your audience, or determining legal issues it is important to outline everything your document should convey. Organization is key, and may vary depending on your purpose, audience, and scope. Audience. To maximize effectiveness of the writing, understanding the audience, or readers, before you begin to write is very important. There can be two types of readers: the primary, or the secondary. The primary could be a nonlawyer, a lawyer or a judge. Recognizing the audience can help the organization process because there are different genres and techniques of writing for each audience. Recognize how much detailed support the reader wants. Knowing your audience can help gain creditability because you are conforming to their needs and ways and that can allow more trust between each. Secondary readers are individuals who view the document for different purposes. These may be people who view the document for different purposes. For example, judges, the judges clerks, opposing counsel, clients, and maybe even the public or the press, are all examples of secondary readers. There may even be emails and letters exchanged between clients and attorneys. Learning the demographics of the reader can also be useful, for example: How much expertise does my reader have? How familiar are they with legal terms, and cases? Do I need to explain or elaborate more on a certain section?

All of these questions are just a few examples that should be considered when writing a legal document.

Grammar and Style

Every field has their own type of specialized language. For example, architect writing and design will differ in many ways when compared to legal writing. There are even different rules formatting in the different types of legal writing. The one thing that is pretty much a standard rule for legal writing is grammar. In order to ensure creditability the grammar

used should be appropriate and used correctly. Since many of these legal actors have attended law school and higher education it is very crucial to produce correctly written documents. If the judge were to get a document that was poorly put together, had grammatical errors or used the wrong uses of words, the credibility of writing can be significantly damaged. This can not only hurt the career of the person producing the document, but can also hurt the client if the document lost their case creditability. Here is a list of some things to look out for: 1.) Sentence fragments: this can damage credibility, and can cause legal readers to assume that the document is not finished and polished. 2.) Sentence length: In general, avoid sentences that are longer than three-and-a-half lines of text. There may be some cases where legal documents are quickly reviewed and it is much easier to read shorter sentences than longer ones. 3.) Objective writing: This type of writing informs and predicts, using a neutral point of view. For example, in a memo this can inform the reader of the current status of a case. This type of writing is mostly associated with briefs or opinions. 4.) Persuasive writing: This may be used while trying to persuade a trial court to rule positively on a motion, persuade to an attorney on a settlement or persuade court to remand a case. When writing a persuasive piece it is important to clarify your purpose, focus on your audience, and structure the argument to convince your argument. Writing errors and effects: While observing the municipal court in Athens, Ohio I was able to experience an example where an error on a written legal document slowed down the courtroom. The wrong date was written on the document allowing for the defendant to bring up the mistake, the judge had to call in the police who wrote the citation, and then re write the correct date on the document. Although this does not seem like a significant deal, many cases in municipal court are handled so quickly that any little error can cause problems. An error like this can also loose credibility in the officer who wrote the citation because they failed to compose accurate information at the time of the arrest.

Jargon
This is special words or expressions that are used by a particular profession or group and are difficult for others to understand. In the court of law there is a certain type of jargon one must follow in order to gain respect in the courtroom. Not only is there a certain type of jargon used in writing legal documents, jargon is also used verbally in the courtroom, and to co-workers as well. It is always appropriate to understand when jargon can be used. When composing a legal document make sure the audience is recognized and can understand the words used. In some legal documents it is acceptable to use a word, then list the definitions on the document as well. Many times the judge does not like to use jargon because they are quickly sifting through documents and just would like the information very clear and easy to read. Whenever you need to convey the meaning and

there is a common language term that can avoid using a legal term it is more appropriate to do so. Since there are many courtroom actors involved in a courthouse and the education level and requirements range throughout it is very important to recognize the audience when thinking about jargon. Listed below are a few examples of courtroom jargon I observed in Athens municipal courtroom: Allegations Arraignment Continuance Cross-Examination Hearsay Subpoena Testimony

While looking over those words above, it is easy for someone who is majoring in criminology like myself, to understand. If I were using these words in document that would be read by people not familiar with courtroom jargon, it would be very important to exclude the jargon or make sure the definition of the words can be easily located on the document.

Genre
Walking into a courtroom, it is pretty easy to immediately assess everyones roles and identity. While observing Athens Municipal Court I was able to recognize a couple common identities that can be associated with many other courtrooms. There is the judge that is presiding over the case, his or her role is to control the courtroom and determine outcomes. There role is very important in the courtroom and their identity calls for them to gain respect. For example, when addressing a judge one must use your honor.. or yes sir.. or yes mam. Since the role of the judge is looked highly upon the way we verbally communicate and rhetorically communicate is very important. The social role of the judge and other courtroom actors can affect the writing others produce. Below I will list the roles of a memo and a brief and the identity the written must obtain. Memo: Many lawyers write memos and it is taught to many students while in law school. The audience to be aware of while writing a memo can be another lawyer, supervising attorney or your client. Avoid jargon. Realize that although you understand the laws being stated in the memo, many others may not. Since a memo uses objectivity in its research it is important to represent their clients cases more favorably. The memo is a very important document and can potentially make or break a case. If the memo is well written and has sufficient examples of laws in favor of the client it can potentially help win the case. There is a lot of trust the reader must have in the writer because this memo can advise the reader

on what decision to make based on their sufficient facts and findings. If the writer does not portray the law correctly or analyze correctly or show intellectual flexibility the memo can loose credibility. Legal Briefs: The courtroom field is very standard when dealing with writing a legal brief. It is something every lawyer has to write when involved in a lawsuit. It must be composed of several components, including a summary of the facts/evidence, relevant legal issues and applicable law (i.e. precedent), and the argument that the attorney is using to persuade the court to rule in his or her clients favor. I examined a sample legal brief to get more information. The first thing on the brief would be the case name. This example case was named, State v. Worley, 265 S.C. 551, 220 S.E.2d 242 (1975). The next step would be to state the facts; this is a short paragraph containing the most important information. It would be short and to the point. Then we list procedural history. That is writing down what happened procedurally between the time the lawsuit was filed and the time one of the parties appealed. The next part is the most important, the issue. It would contain a yes-orno question that identifies the specific issue that the court must answer in order to decide which party will win the appeal. After that come the holding and judgment section. This should answer a yes-no-question to the issue question and the issue question turned into an affirmative or negative statement and any brief qualification necessary to make the statement accurate, or a brief because clause. Lastly, would come the reasoning section. This is extremely important because it describes what led the court to answer the issue question as it did. Although some lawyers may have some small different changes in their technique, the format is closely the same. One of the most important things to look out for that is standard to all brief case writings is the importance of formality and correct grammar. Therefore, the role of the writer is to be persuasive and on their feet. The brief can allow people to ask questions and the document should be able to do so and the writer should be able to answer them quickly and effectively.

Reflective Essay Project three has been one of the most difficult projects yet in my opinion. There are so many different types of writing in the courtroom; it was hard to focus in on just one. The first problem I encountered was trying to find someone to interview. I went into Athens Municipal Court and the courthouse was packed. I was unable to ask a lawyer or judge for their time to answer a couple questions for me. I also came into problems when asking my Criminology of the Courts professor because she did not have any free time to meet with me. Since I was not able to get anyone to interview, composing this guide caused some difficulty. I had to use more secondary research than primary research. Having an interview with someone could have really helped my section dealing with roles and identities. It would have been nice to ask someone how he or she viewed their role in the courtroom and how their writing shapes their role. I could have also focused on more of a

specific type of writing if I was able to interview someone. Although I came across a couple difficulties I was able to observe a courtroom and that was an awesome experience. I was able to see rules and procedures in a municipal court and watch the courtroom actors interact. This was beneficial because it really help me understand how certain problems were handled in the courtroom and what typical courtroom etiquette can be. I also gained the knowledge of how important it is to really understand your audience when writing legal documents. I never thought of before that other people other than lawyers might be reading them so they are not always going to be so legalistically written. There are many things I gained while writing this guide that can help me become a better writer in the field. I learned how important it is to organize. Organizing is huge when writing any kind of legal document. It allows you to make sure all the facts are correct, and everything is properly written. Since many of these legal documents will deal with rules of the law, it is very important to make sure they are correct and written precisely. I now learned that certain jargon is not appropriate in certain situations. Before this guide I always thought it would be better to use legalistic terms, while in reality sometimes it is not appropriate to use those terms because many times your audience will not be familiar with them. Since many of these documents can often be quickly scanned it is usually best to avoid jargon and make the document as easy as possible to read. Overall, I learned how to start to write a legal document, roles and identities people associated with certain documents and how to really recognize the audience. This project was helpful in this aspect but I did struggle with it. I probably think this would have gone smoother with me if it were an all-secondary research type of paper. That may just be biased since I wasnt able to see what my paper could have been if I did have an interview at this point I guess I wish it were all secondary research. Without this guide there are honestly a couple things I probably would have never known until I got to law school and its really awesome to be getting familiar with certain terms and documents this soon.

References Mary Barnard Ray and Jill. J. Ramsfield. (2005). Legal Writing: Getting It Right and Getting It Written. Fourth Edition. West Publishing CO. Peter Jan Honigsberg. (2006). Legal Resarch, Writing & Analysis. BarBri,

Appendix will be handed in Wednesday in class!