If you must use one document, then you must decide which audience is the most important for the document, so you can plan accordingly. And you are also concerned with how a court would interpret the contract should the relationship between your client and the other party break down.
The significant reader may be the reader who is least likely to understand your document. Who are my readers. This is the technical edit.
Think about these aspects of the project: Having an introduction is helpful. Today, especially in law offices, writing is a more focused and business-oriented activity subject to many limitations on time, resources, and conflicting interests — to name a few. Plan how best to convey your message.
Is the court your most significant audience? Rewriting the introduction after you have finished the document will improve it. How and when is the document to be used? Ensure at this stage that it depicts the actual content of your document.
Inevitably, reviews will lead to changes. Successful writers devote the major portion of their time to the thinking or incubation stage because it is in this stage that you discover what your real message is and how you want to communicate it.
Most litigation is settled out of court, so the rare case that gets to court is helped by plain language. This is your organization phase. Decisions about form and content can only be made through an analysis which includes an assessment of the needs and abilities of the readers or users of the document.
Ponder and research Planning includes analyzing. Am I clear on the concept I want to communicate? Select the Most Significant Readers Who will be the significant readers of these documents? Solicitors analyze their clients in interviews: They can make informed decisions and avoid legal complications.
In a major communications project, part of the planning stage may be used to consult with the people who will eventually read and use the documents under preparation. Learning a few techniques can improve your writing efforts.
Prepare your first draft. What do they know about the subject? It is easier to write the introduction after you have completed the full text, including a summary conclusion. You have already learned how to tailor your message to your audience when talking face-to-face.
You will find yourself back at an earlier stage, reformulating and reconsidering your writing product. If it might, then consider whether you actually need different documents for different groups of readers.
Use readers or other resources to evaluate your draft. The last step in analyzing the communication task today changes somewhat accordingly: A means for generating ideas and refining your thesis Research:LEGAL RESEARCH, LEGAL WRITING, AND LEGAL ANALYSIS: PUTTING LAW SCHOOL INTO PRACTICE Suzanne E.
Rowe*a When I began law school, I thought my goal was to master—and memorize—every case, statute, and rule I would need to practice law.
I would put all this knowledge into a magic briefcase. Plain language is language that is clear and understandable – and as simple as the situation allows.
Legal language that is plain poses special challenges, but is not impossible. Clearer, simpler writing – stripped of complexity but not of style – will also help to improve your client relations.
Plain Language Notes Toward Better Legal Writing By Joseph Kimble This article is reprinted, with a few addi-tions, from 5 Scribes Journal of Legal Writ. How to Write, Edit, and Review Persuasive Briefs: Seven Guidelines from One Judge and Two Lawyers Judge Stephen J.
Dwyer, Leonard J. Feldman & Ryan P. McBridet I.
INTRODUCTION The ability to write a clear and persuasive brief is one of the most important weapons in a lawyer's armory; this is especially true for appel-late practitioners. Aug 15, · Government writing should be dignified, but doesn't have to be pompous. Writing can be dignified when the language is simple, direct, and strong.
To make your writing clearer and easier to read -- and thus more effective -- prefer the simple word. The Legal English and Legal Writing seminar exposes foreign legal practitioners and law students to English legal terminology and usage through an overview of the U.S.
legal system, contract law, constitutional law, commercial law and legal drafting.Download