RI T I N G

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 What is Legal Writing?
The discipline governing the manner, style and form
of writing legal articles, correspondence, opinions,
paper and court-bound documents
Important part of a lawyers repertory of skills
wherever he may be.
Effective legal writing is present wherever and
whenever a person engages in what we call the
practice of law.
 Practice of Law
Refers to any activity, in or out of court which
requires the application of law, legal
procedure, knowledge, training and
experience.
 Practice of Law
To engage in the practice of law is to perform
these acts which are characteristic of the
profession. Generally, to practice law is to give
notice or render any kind of service, which
device or service requires the use in any
degree of legal knowledge or skill (Cayetano
vs. Monsod, 201 SCRA 210, 1991)
 Practice of Law
Black defines practice of law as:

The rendition of services requiring the knowledge and the

application of legal principles and technique to serve the interest
of another with his consent. It is not limited to appearing in court,
or advising and assisting in the conduct of litigation, but embraces
the preparation of pleadings, and other papers incident to actions
and special proceedings, conveyancing, the preparation of legal
instruments of all kinds, and the giving of all legal advice to clients.
It embraces all advice to clients and all actions taken for them in
matters connected with the law. An attorney engages in the
practice of law by maintaining an office where he is held out to be
an attorney, using a letterhead describing himself as an attorney,
counseling clients in legal matters, negotiating with opposing
counsel about pending litigation, and fixing and collecting fees for
services rendered by his associate. (Blacks Law Dictionary, 3rded.)
 Practice of Law
The practice of law is not limited to the conduct of cases in court. (Land
Title Abstract and Trust Co. v. Dworken, 129 Ohio St. 23, 193 N.e. 650) A
person is also considered to be in the practice of law when he:

for valuable consideration engages in the business of advising

persons, firms, associations or corporations as to their rights under the
law, or appears in a representative capacity as an advocate in proceedings
pending or prospective before any court, commissioner, referee, board,
body, committee, or commission constituted by law or authorized to settle
controversies and there, in such representative capacity performs any act
or acts for the purpose of obtaining or defending the rights of their clients
under the law. Otherwise stated, one who, in a representative capacity,
engages in the business of advising clients as to their rights under the law,
or while so engaged performs any act or acts either in court or outside of
court for that purpose, is engaged in the practice of law. (State ex. rel.
Mckittrickv..C.C. Dudley and Co., 102 S.W. 2d 895, 340 Mo. 852)
 Practice of Law
This court in the case of the Philippine Lawyers Association v. Agrave, (105
Phil. 173, 176-177) stated:
The practice of law is not limited to the conduct of cases or litigation in
court; it embraces the preparation of pleadings and other papers incident to
actions and special proceedings, the management of such actions and
proceedings on behalf of clients before judges and courts, and in addition,
conveying. In general, all advice to clients, and all action taken for them in
matters connected with the law, incorporation services, assessment and
condemnation services contemplating an appearance before a judicial body,
the foreclosure of a mortgage, enforcement of a creditors claim in
bankruptcy and insolvency proceedings, and conducting proceedings in
attachment, and in matters of estate and guardianship have been held to
constitute law practice, as do the preparation and drafting of legal
instruments, where the work done involves the determination by the trained
legal mind of the legal effect of facts and conditions. (5 Am. Jr. p. 262,263).
 Practice of Law
Practice of law under modern conditions consists in no small part of wok performed
outside of any court and having no immediate relation to proceedings in court. It
embraces conveyancing, the giving of legal advice on a large variety of subjects, and
the preparation and execution of legal instruments covering an extensive field of
business and trust relations and other affairs. Although these transactions may have
no direct connection with court proceedings, they are always subject to become
involved in litigation. They require in many aspects a high degree of legal skill, a
wide experience with men and affairs, and great capacity for adaptation to difficult
and complex situations. These customary functions of an attorney or counselor at
law bear an intimate relation to the administration of justice by the courts. No valid
distinction, so far as concerns the question set forth in the order, can be drawn
between that part of the work of the lawyer which involves appearance in court and
that part which involves advice and drafting of instruments in his office. It is of
importance to the welfare of the public that these manifold customary functions be
performed by persons possessed of adequate learning and skill, of sound moral
character, and acting at all times under the heavy trust obligations to clients which
rests upon all attorneys. (Moran, Comments on the Rules of Court, Vol. 3 [1953ed.],
p. 665-666, citing In re Opinion of the Justices [Mass., 194 N.E. 313, quoted in Rhode
Is.Bar Assoc. v. Automobile Service Assoc. [R.I.] 179 A. 139, 144).
 Practice of Law
The University of the Philippines Law Center in conducting orientation
briefing for new lawyers (1974-1975) listed the dimensions of the practice
of law in even broader terms as advocacy, counseling and public service.

One may be a practicing attorney in following any line of employment

in the profession. If what he does exacts knowledge of the law and is of a
kind usual for attorneys engaging in the active practice of their profession,
and he follows some one or more lines of employment such as this he is a
practicing attorney at law within the meaning of the statute. (Barr v.
Cardell, 155 NW 312)

Practice of law means any activity, in or out of court, which

requires the applicaton of law, legal procedure, knowledge, training and
experience. To engage in the practice of law is to perform those acts
which are characteristics of the profession. Generally, to practice law is to
give notice or render any kind of service, which device requires the use in
any degree of legal knowledge or skill. (111 ALR 23)
 Law Speak
The legal profession has its own distinct
language. It has its own set of practices and
traditions; a world all its own.

It is very difficult for ordinary litigants to

understand the language of the documents
they read and even sign.
 Law Speak
Experience has taught us that it is not difficult to get the
signatures of poor, unlettered and gullible witnesses in
strangely worded and difficult to decipher legalese contained
in affidavits of desistance. (People vs. Garcia, 288 SCRA 382)

Cutting through the verbosity and convoluted language of

the assigned errors, the pivotal issue in this appeal is whether
or not the trial court committed a reversible error in convicting
the appellant. Stated differently, is the decision of the trial
court in accordance with the evidence and the law? The
answer is a categorical yes. (People vs. Olivero, 120 SCRA
22).
 Law Speak
Even Judges and Justices must not use too much legalese.

This Court takes this occasion to remind members of the bench to be precise in
their ponencias, most especially in the dispositions thereof. Accuracy and clarity in
substance and in language are revered objectives in decision-making. Having said
that, we also lament the trial courts convoluted attempt at sophistry, which
obviously enabled the petitioner to delay service of his imprisonment and to
unnecessarily clog the dockets of this Court and the Court of Appeals. His Honors
expressed desire to accept with modesty the orders and decisions of the appellate
court was, in truth and in fact merely a sarcastic prelude to his veiled rejection of
the superior courts order modifying his earlier decision. His sophomoric
justification of his refusal to obey for fear being found to be grossly ignorant of the
law does not deserve one whit of sympathy from this Court. Lady Justice may be
blindfolded but she is neither blind nor nave. She can distinguish chicancery from
wisdom, fallacious argument from common sense. (Cuison vs CA, 289 SCRA 159)
 Good Writing
CLARITY

CONCISENESS

CORRECTNESS
 GOOD WRITING
CLARITY
Presents the fact or information clearly leaving
no doubt in the readers mind as to its meaning
Care and much thought is given as to what
words or phrases to use in order to avoid double
meaning or inconsistencies in ones statement
Help the reader understand what you mean
 GOOD WRITING
In the afternoon of October 16,1982, respondent Noe was going home to
Dumaguete from Cebu, via Bato and Tampi. At Tampi, he boarded a Ford
Fiera passenger jeepney with plate no. NLD 720 driven by respondent
Geminiano Quinquillera (Quinquillera), owned by respondent Cecilia
Bandoquillo (Bandoquillo), and was seated on the extension seat placed at
the center of the Fiera. From San Jose, an old woman wanted to ride, so
respondent Noe hung or stood on the left rear carrier of the vehicle.
Somewhere along Barangay Sto. Nio, San Jose, Negros Oriental, between
kilometers 13 and14, the Fiera began to slow down and then stopped by the
right shoulder of the road to pick up passengers. Suddenly, an Isuzu cargo
truck, owned by petitioner and driven by Gerosano, which was travelling in
the same direction, hit the rear end portion of the Fiera where respondent
Noe was standing. Due to the tremendous force, the cargo truck smashed
respondent Noe against the Fiera crushing his legs and feet which made him
fall to the ground. A passing vehicle brought him to the Siliman University
Medical Center where his lower left leg was amputated. (Estacion vs.
Bernardo, 483 SCRA 222)
 Good Writing
CLARITY IN MSAKING AN ARGUMENT OR CONCLUSION

Mere intoxication is not negligence, nor does the mere fact of

intoxication establish a want of ordinary care. It is but a
circumstance to be considered with the other evidence tending
to prove negligence. It is the general rule that it is immaterial
whether a man is drunk or sober if no want of ordinary care or
prudence can be imputed to him, and no greater degree of care
is required to be exercised by an intoxicated man for his own
protection than by a sober one. If ones conduct is characterized
by a proper degree of care and prudence, it is immaterial
whether he is drunk or sober. (US vs Crame, 30 Phil. 2)
 Good Writing
CONCISE
To be succinct, brief or straight to the point
Lengthy statements = lose readers interest or might
not be read as reader would skip ahead
Write just enough; strike a balance between writing too
little or too much
If you need to be lengthy, make use of paragraphs,
sub-paragraphs and sub-headings to arrange your
work as well as to guide the readers eye.
 Good Writing
CORRECT or TRUTHFUL
Verifiable, validated by competent sources
Provide statutory and jurisprudential support to your
statements
LEGAL BASIS
Allows reader to validate on their own your statements
and facilitate their understanding as to how you
crafted your arguments and arrived at your conclusion
 Good Writing
Ebralinag vs. Division Superintendent of
Schools (219 SCRA 256)

Use of statutory and case law to support its

conclusion