LEGAL WRITING

STUDY NOTES 14

Order and Completeness

There is no such thing as good writing.

There is only good rewriting. Justice Louis Brandeis

I. Order

1. Organize your legal document.

Whatever document you are preparing, make sure it is properly

organized into its important parts. As an example, a memorandum submitted to
the court after trial must have a summary of facts, a statement of the issues, a
portion on arguments to support a partys position in the case, and the relief
being asked.

2. Group the ideas into parts.

Long documents like pleadings or briefs need to be subdivided into parts.

a. The facts or procedural events of the case are normally presented in

chronological order.

b. The portion on discussion or argument addresses the issues in the

order in which these are presented.

c. If necessary, the arguments are grouped into topics or sub-topics.

3. Guide the reader with headings.

Like signposts along the highway, headings give the reader a roadmap of
the document that can easily be followed.

Think of a piece of writing as a trip from a definite starting point to

a definite destination. At the very start we look for a signpost
pointing the way and naming the place we are headed for. At every
fork of the road we need directions legible and understandable
directions. From time to tie we glance back over the road we have
already come, in order to remind ourselves of our position and
direction. At the end we want to know that we have arrived at the
 point we set out. Reminders of this sort are just as necessary in
writing as they are in posting a road. 1

EXAMPLE A memorandum in a disbarment case has the following

headings:

1. On serving as counsel for contending parties

2. On knowingly misleading the court by submitting false
documentary evidence
3. On initiating numerous cases in exchange for nonpayment of rental
fees
4. On having a reputation for being immoral by siring illegitimate
children

4. Use transitions for coherence.

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.

Transitions between paragraphs connect the unifying idea of one

paragraph with the unifying idea of the next. Paragraphs should not be
presented as separate from each other; writers need to link these parts to each
other and to the thesis. 3

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

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 The following examples of transitions function to introduce, signal or
show:

a. Addition: furthermore, moreover, also

b. Narration: during, when, immediately, afterwards, soon, next
c. Contrast: but, unlike, although, however
d. Alternatives: either/or, neither/nor, otherwise
e. Cause-effect: because of, therefore, as a result, hence, consequently, it
follows
f. Conditions: although, even if, unless, provided that, so long as
g. Repetition: in other words, that is, in short, simply stated

II. Completeness

1. Revise and rewrite.

Professional writers rewrite their sentences over and over and then
rewrite what they have rewritten. 4

Revising is part of writing. Few writers are so expert that

they can produce what they are after on the first try. Quite often
you will discover, on examining the completed work, that there are
serious flaws in the arrangement of the material, calling for
transpositions. When this is the case, a word processor can save
you time and labor as you rearrange the manuscript. You can select
material on your screen and move it to a more appropriate spot, or,
if you cannot find the right spot, you can move the material to the
end of the manuscript until you decide whether to delete it. Some
writers find that working with a printed copy of the manuscript
helps them to visualize the process of change; others prefer to
revise entirely on screen. Above all, do not be afraid to experiment
with what you have written. Save both the original and the revised
versions; you can always use the computer to restore the
manuscript to its original condition, should that course seem best.
Remember, it is no sign of weakness or defeat that your manuscript
ends up in need of major surgery. This is a common occurrence in
all writing, and among the best writers. 5

2. Clear and clean.

4 William Zinsser, On Writing Well, 2001 Ed., 4

5 Strunk and White, The Elements of Style, 4th Ed., 72

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 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.

3. Rewrite, again and again.

Since it frequently took Justice Brandeis or Judge Learned Hand over a

dozen drafts to produce an opinion, you should not be surprised if your draft
legal document, say, a brief, ends up in need of minor surgery or, more likely, a
series of major operations. The virtues of clarity and brevity reign supreme in
briefs. For most of us, these virtues appear in our writing only after extensive
revision. When you think you are finished, try to set the brief aside for a couple
of days and come back to it with a fresh eye. You will be better able to evaluate it
and see flaws that still need correction. 6

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.

4. Check and double-check.

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.

5. Pay attention to typography.

6 Thomas J. Carey Jr., A Few Tips on Effective Briefs

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 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.

a. Typeface. Typeface is the unique design of letters, numbers, and special

characters. The most common is Times New Roman, which is the default font in
Microsoft Word. Still, you have a wide range of fonts to choose from.

ILLUSTRATIONS

Typeface (Serif) Sample

Book Antigua The petition is without merit.
Bookman Old Style The petition is without merit.
Century Schoolbook The petition is without merit.
Courier New The petition is without
merit.
Palatino Linotype The petition is without merit.

Typeface (Sans serif) Sample

Arial The petition is without merit.
Century Gothic The petition is without merit.
Verdana The petition is without merit.
Franklin Gothic Book The petition is without merit.
Lucida Sans The petition is without merit.

Serif fonts are those with small strokes extending from the main strokes of
the letters.

b. Font. Font is a typeface in selected size, measured in point. Its

normally 12, but 13 is also acceptable. 14 is on the big side. 15 can be used for the
pleading title or headings.

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.

d. Spacing. Double spaced for pleadings. Single spaced and indented

for quotations

6. Prefer serif fonts in the body of the document.

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 Studies show that sentences are easier to read when set in a serif font.

7. Use sanserif fonts for headings.

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.

This phase is important because we make mistakes, and we usually react

negatively when we see mistakes in the materials we read. Errors of whatever
kind or degree bear an impact on the impression we are trying to create with our
legal document. At the very least, these errors are a distraction; at worst, they
lessen the persuasiveness of the legal document. You dont want to be described
as being careless in your writing. Occasional lapses are tolerable, but when errors
habitually appear in your legal documents, these errors are bound to have an
effect on your overall image of competence.

While proofreading is a distinct activity normally done towards the end of

the drafting, it can be done at any stage as you proceed with the drafting process.
Bear in mind that writing is a recursive process, so proofreading goes hand in
hand with rewriting and revising, and other parts of the writing process. So, you
can also check for grammar and substantive points (e.g. unity, coherence,
emphasis, logic, etc.).

A good suggestion is for you to leave an interval of time between the

heavy rewriting and revising (mental), and the proofreading (visual). This
interval takes your mind off the document, so that when you get back to it, you
have a fresher start. This way you have more chances of spotting errors. Leave
enough time at the end for careful proofreading. First impressions count. You
cannot gain the courts confidence with a brief filled with typographical errors,

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grammatical mistakes, and inaccurate citations. Sloppiness in these matters
makes the court wonder whether you are sloppy in your thinking as well. 7

Computer programs have standard features for checking spelling and

grammar. They are helpful especially in spotting misspellings, sentence
constructions or word use. But do not rely on the computer to proofread for you.
Many mistakes slip by the computer that a human would never miss.

9. Check for technical compliance.

If the legal document is to be filed in court, never neglect to review it to

ensure its compliance with the applicable technical requirements set by the rules.

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.

10. Polish and finalize.

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

1. Rick Bales, Transitions

2. Ruth Anne Robbins, Painting with print: Incorporating concepts of
typographic and layout design into the text of legal writing documents.

7 Id.

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2. Brooke J. Bowman, Learning the Art of Rewriting and Editing A
Perspective