EFFECTIVE LEGAL WRITING

Presented by: Atty. JERLIE P. LUIS-REQUERME

Clerk of Court VI, RTC-OCC
Cagayan de Oro City

Alexander Hamilton said that the selection of the right word calls for the exercise of judgment-
man’s greatest faculty.

Mark Twain said the difference between the right word and the almost right word is as great as
that between lightning and the lightning bug.

Justice Holmes observed: “A word is not a crystal, transparent and unchanged; it is the skin of
the living thought and may vary greatly in color and content according to the circumstances and
the time in which it is used. “(Towne v. Eisner, 245 VS 418, 62 L. ed. 372, 38 S. Ct. 158.)

Supreme Court of the Philippines enunciated that “to write intelligently means that a person
should know how to write as to be understood, or writes like people in general express their
ideas. “(Gregorio v. de Jesus, Phil. 34)

Legal Writing -the things that lawyers (paralegals) write to win others over to
their point of view;
-any writing involving the law and the rules.
-assorted pleadings, petitions, motions, oppositions, replies,
Rejoinders, memoranda, position papers, legal opinions, resolutions,
decisions, etc.

Stages:

l. Pre-work/Research – interviews, gathering of documents, evidence

-transcript of testimonies, documentary exhibits (if the
case has undergone trial)
a. Establishing where the legal dispute lies/cause of action
There is legal dispute when one party complains of a violation of his
Legal right by another who, on the other hand, denies such violation
b. Discovering its relevant facts;
Summarize; takeout non-essential facts
Arrange facts chronologically/in order of occurrence
-facts are easier to understand/follows natural order
-relationship/connection with other facts can be seen clearly
-points of agreement and disagreement are easily threshed out
-handy guide for pleading and the proceedings ahead
c. Identifying the issue/s – there is an issue when the contending parties
do not agree on the given point
-related to the legal dispute/cause of action

KINDS

-single/multiple
-for multiple legal disputes-spot the controlling issue
-principal/subordinate
- the resolution of the principal issue in a case depends on how a subordinate
issue raised in connection with it is resolved
-relevant/irrelevant
-relevant issues – issues that when resolved determine the outcome of the legal
dispute
 -factual/legal
-an issue is factual when the contending parties cannot agree that a thing exists
or has actually happened.
-an issue is legal when he contending parties assume a thing exists or has
actually happened but disagree on its legal significance or effect on their rights.

Correct Statement of Issues

-“Whether or not – stating the positive and negative sides of the case
-Gen. rule: define in terms of affirmative claim (plaintiff); plaintiffs/accusers
has the burden of proving the affirmative of their claims.
-Exception: respondent/defendant raises exempting ciscumstance as a
Defense
-Fair
-Comprehensive

Threshold Issues
-are those that could close the door to any judicial consideration of the case on
its merits.
-motion to dismiss/quash
-improper venue
-lack of jurisdiction
-no cause of action
-res judicata

d. Knowing the applicable laws/rules

i. Statute Law – This consists of laws and rules enacted by the rule-
making authorities
ii. Case law- This consists of decisions of courts and persons or agencies
performing judicial functions.

Steps in locating the right law/legal precedents

-Identify the general nature of the legal dispute involved.

-Search for parallel cases (whether for or against your side)

e. Building the arguments

-an argument is a reason you offer to prove your thesis or proposition.

Balanced Presentation

First- A clear statement of your thesis or where you stand on the issue to be resolved;
Second-The arguments that can be made against your position but with an explanation
that those arguments do not doom such position;
Third-the arguments in favor of your position; and
Fourth-An appeal to the good sense of the person/s who will resolve the issue

ll. Write-up – transforming your materials summaries into the required legal writing.
-fleshing-out; give color and shape.

1. Statement of the case – a clear and concise statement of the nature of the action, a
summary of the proceeding so far had, any challenged order or decision issued in the case, and
other matters necessary to an understanding of the controversy.
 2. Statements of facts – narrate the transaction or event that created the legal dispute

PLAINTIFF’S & DEFENDANT’S VERSION OF THE FACTS

3. Statement of the Issue/s

4. Arguments
- the rule statement
- the case fact statement
- the conclusion statement
5. Closing Statement
6. Relief

lll. Editing and rewriting

PRACTICAL TIPS TO IMPROVE LEGAL WRITINGS

a. Read, read, read!

i. improve your grammar
ii. choose your words correctly
iii. know the different effective writing styles & techniques
iv. practice makes perfect – evaluate/assess yourself honestly
b. Choose and organize your materials carefully
c. Use Readable & Persuasive Legal language
i. use short sentences; make short paragraphs
ii. Prefer active voice-vigor and strength
iii. Remove surplusage and redundant words & phrases
iv. Use simple language
v. Avoid equivocation
vi. Use concrete words instead of abstract words
vii. Use punctuations properly
viii. Avoid lawyerism, Latinisms and other foreign terms
ix. Use gender-sensitive language
d. Use appropriate and respectful language
e. Don’t waste the reader’s time

THANK YOU!

References:

1. Abad, Roberto A. – The Fundamentals of Legal Writing, Omni-Prex, Corp. (2004)

2. Cruz, Isagani A and Quiason, Camilo D. – Correct Choice of Words (2003)
3. Macaraig-Guillen, Marissa – Pointers to Improve Legal Writing
4. Ulep, Mauricio C. – Basic Legal Writing, Rex Bookstore, Inc. (2002)