Professional Documents
Culture Documents
STUDY NOTES 14
I. Order
Like signposts along the highway, headings give the reader a roadmap of
the document that can easily be followed.
Like the couplings that connect the railway cars, transitions connect the
various parts of information in a legal document. Transition is the technique of
drawing sentences together, dovetailing them, making them overlap so that the
readers journey from one sentence to the next is not a series of jerks and lunges
but a smooth ride. 2
The legal writer can have the necessary information in the paragraph and
have it organized, but readers can still miss the "flow" of ideas. This happens
when readers have difficulty in sensing how the information is related or
connected to each other. The legal writer should move the reader from one point
to the next, guiding him along the way. While the writer's sense of logic enables
him to put the information in a logical order, the readers may have trouble
seeing that logic. That is why transitions are necessary.
1 David Lambuth et al., The Golden Book on Writing 6-7 (1964); Garner, The Winning
Brief,
2nd Ed., 129
2 Thomas Wissen, A Way with Words 111 (1982); Garner, The Winning Brief, op cit., 126
3 Jeanne F. Campanelli & Jonathan L. Price, Write in Time 107 (1991); Garner, The Winning
Brief, op cit. 119
2
The following examples of transitions function to introduce, signal or
show:
II. Completeness
Professional writers rewrite their sentences over and over and then
rewrite what they have rewritten. 4
3
Ultimately, its the finished product that matters. However much effort
has gone into the drafting of the legal document, or how exhaustive the research
had been done, or how many hours had been spent, the document will be judged
on the basis of its final appearance in substance and form.
The document must hurdle the clear and clean test before the lawyer
lets go of it: clear in substance and clean in appearance.
What applies to the writing of briefs applies as well to the writing of other
legal documents. Rewriting is one phase of the process that a legal writer can
forgo or shorten.
Now go back to the first draft and put sense and order into it.
Check for substance. Are the important facts and evidence in? Are the
issues clear? Are the arguments organized properly? Check the structure of the
document. Check the words, sentences, paragraphs. Check the arguments,
recheck the citations and cases, put in transitions to keep the flow of thoughts
smooth.
Check for grammar. Check for compliance with the formal requirements.
Maybe the document needs overhauling or only fine-tuning, but whatever it
takes, get the document as perfectly as you could make it so.
4
Typography refers to the appearance of your document. In typography,
you deal with paper, the font or typeface, the size of the font, the margin, the
heading, the spacing, the manner of emphasis.
ILLUSTRATIONS
Serif fonts are those with small strokes extending from the main strokes of
the letters.
c. Margin or alignment. For the body of the document, there are only
two choices: either left justification (or flush left), with a ragged right edge, or full
justification, with straight left and right edges. Studies show that reading is
facilitated when the text lines have a consistent and predictable starting point.
5
Studies show that sentences are easier to read when set in a serif font.
The difference in typeface for headings alerts the readers attention on the
new matters that follow in the document being read. Remember to always help
the reader go through your document with as much ease as possible.
8. Proofread.
The proof is the draft copy of your legal document before it is finalized
and printed.
For the last time, review your draft (a hard copy or copy on the computer)
to detect and correct mechanical errors: letters or characters, punctuation marks,
spellings, space, formatting, indentation, pagination, and the like.
There are various ways of proofreading: (a) word for word; (b) line by
line; (c) page by page; (d) top to bottom; (e) bottom to top.
6
grammatical mistakes, and inaccurate citations. Sloppiness in these matters
makes the court wonder whether you are sloppy in your thinking as well. 7
Some areas to look into are: captions, court branch, case title and docket
number, page numbering, legible annexes, dates of receipt of pleadings, names
and addresses of counsel, verifications and certifications on non-forum shopping
for initiatory pleadings, explanation of service.
Many petitions have been dismissed by the Supreme Court due to the
lawyers neglect to attend to these simple matters.
This is the last stage, polishing and refining the document into its final
form, the final checking for grammar, looking for typographical errors or missing
punctuations, placing your name on the paper, the names and addresses of the
opposing lawyers.
Check from top to bottom. At the top: Check the court, title of the case,
case number, title of the pleading. At the bottom: check the names and addresses
of the adverse parties or respondent court; the explanation of service.
Make your legal document not only a good reading but also good looking.
Substance and form go hand in hand. Your document is well-written and well-
dressed.
Further Reading
7 Id.
7
2. Brooke J. Bowman, Learning the Art of Rewriting and Editing A
Perspective