Good writing should reflect good thinking

Good writing will reflect good attitude

Good writing should fit clients needs Good writing should reflect versatility

Good writing reflects traditional good writing

principles Good writing will draw from rich, deep resources Good writing should show depth of language Good writing reflects muscularity

1a

Precision
Conciseness

Clarity
Forcefulness

1b

1. Mastery of Language

2. Style

1.

Facts Issues Brief Answer Discussion Conclusion

2.

Issues Brief Answer Facts Discussion Conclusion

e.g. The motion of the complainant was objected by the respondent. (This could be written as: Respondent objected to complainants motion.

e.g. The employee was absent for the reason that he was sick. (Use because instead. e.g. The fact that she had already died was immaterial. (Rewrite: Her death was immaterial.

e.g. It is quite possible for the court to modify its judgment. (Change to: The court can modify its judgment.)

e.g. Passive: The contract was signed by the parties. Active: The parties signed the contract.

e.g. WRONG: This agreement unless revocation has taken place at an earlier time shall cease to take effect on 01 October 2003. CORRECT: Unless sooner revoked, this agreement expires on 01 October 2003.

e.g. Respondent who was driving a school bus full of children who were already late for classes that morning which rained very hard resulting in flooding in several areas all over the city suddenly swerved the vehicle to the left lane fronting the grandstand where a game was being played and crashed into a lamppost standing about three meters from the concrete fence fronting the cafeteria of the second building.

Because she was illiterate, the judge gave the accused a lighter sentence.

aforementioned, hereinafter, heretofore, or the overworked said as in said respondent, said claim, etc. e.g. The object of the said conspiracy among said defendants was to fix said prices of the said products in said industry and commerce.

e.g. Strike breaker means any person who obstructs, impedes or interferes with force, violence, coercion, threats or intimidation, any peaceful picketing of employees.

e.g. The weaker sex, a manly effort, one of the boys

The word chairman in politically

incorrect. Use chairperson instead.

1.
2. 3.

4.
5.

6.
7.

I believe I think I feel It seems to me/ it would seem/ it appearsindicates weakness in reasoning Lawyerisms The court must It is my humble opinion

8. Latin or other foreign phrases 9. Impolite or discourteous language. 10. Obviously, clearly or It is clear enough 11. We should not forget 12. Rhetorical questions such as Why is this so? or What is the reason for this? and then answering the question itself.

a. To understand the case, review the parties submissions and identify the issues in dispute. b. Once you have identified the issues, determine why the case is before you and whether the Ombudsman has jurisdiction to investigate.

a. b. c. d.

e.

Write in plain English. Use short synonyms for long words. Neither should you use slang. Never use sexist language. Gender-neutral opinions project fairness. Limit citations to the necessary sources Cite only what you use and use only what you cite. Avoid footnotes except for citations or collateral thoughts. Never use sarcasm, humor or condescending language.

f. Avoid personal attacks or the appearance of bias or impropriety. g. Do not be defensive. h. DO not address everything. Discuss only the relevant facts and law. i. Address arguments, not parties; and address parties, not their lawyers. j. Refer to the parties consistently throughout the opinion. k. Avoid unnecessary detail when discussing facts and law. l. Be honest and accurate in the facts and law. Understate. Never exaggerate.

m. Write the positive, not the negative. n. Eliminate the passive voice and nominalizations. o. Be organized: Say it once, all in one place. p. Avoid italics, underlining and quotation marks to emphasize. q. Make your opinion easy to read. r. Stress content, not style. s. Be definitive, not cowardly or tentative. t. Decide the case quickly.

Layout: Orderly/logical sequence of parts of the resolution. Appropriate flow between parts. Chronological sequence of events, grouping by similarity of evidence, facts and issues etc. 2. Language: Use plain/simple/ordinary language. Short sentences. 3. Accuracy/Correctness: Correct statement of evidence, facts, law and conclusions derived from application of law to issues and correct orders.
1.

4. Objectivity- Avoid emotive, sensational, erratic, dramatized language. 5. Relevant. 6. Sensitive- It is not inflammatory, indignant, demeaning, offensive, insulting language. 7. Neutral language- Avoid gender bias, stereotype, etc. 8. Customer-friendly: Avoid arrogant language. 9. Independent reasoning- Avoid deciding based or endless quotes from text books, case law and submissions of counsels. 10. Fairness- consider both sides in arguments. 11. Completeness- All relevant evidence, facts, issues, and law must be addressed.

12. Legal- Be legal but not too legalistic. 13. Observe principle of judicial comity. Respect principle of judicial precedent. 14. Absolute necessity- Make your point quickly. 15. Avoid academic/philosophical/political/ moral/religious language.