Notes in Leg.

Research 08-09-14
Basis for the grade (final)
-research/sources (passed and returned already/my score is 13/15. Take note of the
comments on the paper)
-Legal opinion (take home midterm exam due on Aug 26) -30pts
-academic essay using the bluebook
-attendance 10pts/recitation 10pts
-Academic paper will be composed of 2000 words. Apply the concepts of the
bluebook, and other discussed topics in legal research. Bear in mind the principles in
plagiarism. Take important note about the proper citations.
Legal Writing:
-applicable in writing affidavits, contracts, pleadings, wills
-forms part of legal practice.
-good writing skills may mean winning or losing a case-how well the arguments are
presented/how well the pleadings are written
-preparation of documents that require legal analysis, prep of documents that require
legal research, conform to special formats observed by the legal profession.
-in using clear and precise language in communicating in any legal document
3 types of legal writing:
1. Predictive
-conveys an information on an issue involving a persons rights
-goal is to predict the law on the facts given
-example is a legal opinion, which is the written opinion of the lawyer on a
prospective client in stating how a case may be resolved give the set of facts
communicated by the client and the existing law covering the case
-another example is a memoranda which is predictive in nature.
2. Persuasive
-the writer argues for a particular side or perspective who is expected to use
available legal tools to support the argument such as legal provisions, decisions of
the supreme court in order to convince the judge, an arbiter or the head of a quasijudicial body.
3. Functional
-contracts, wills, deeds, initiatory pleadings, ordinances, and affidavits, laws
which are not analytical, they have to be accurate and complete.
-wills for example that are not accurate and complete can produce further burden
to the heirs.
-deed of sales can become void if the spouse did not sign the disposition of the
property as this would mean the lack of consent.
4 components of legal writing:
1. Author
-legal professionals claim the exclusive right of legal documents
2. Audience
-people who read such as the judge, other readers, clients, for functional writings
they can be the sellers, vendors,
3. Writing
-written documents memorialize and serve as evidence of the case and also
creates a legal relationship for example two individuals who did not know each other
before becomes the vendor and the buyer.
4. Speech Community - a written communication must conform to semantics and
other structural or the rules of the english language.

General Writing VS Legal Writing

-consistency is required in legal writing, therefore the repetitive use of terms are
necessary to convey the consistent idea or concept.
-in legal writing use the active voice and not the passive voice. Avoid the passive
voice.
Example:
The strike was ended by the injuction.-passive
The injuction ended the strike.-active
The report will be prepared-passive
NOTE:
*incorrect grammar and punctuation will add burden to the judge in resolving a case
as errors in grammar and punctuation will lead to a different meaning.
*every document should be prepared as if it will end up in court. The document
prepared will be a subject of litigation. Therefore it should be prepared thoroughly,
completely.
*clearly written documents enable clients to solve legal arguments without the need
of legal assistance. An erroneous document will be a subject of litigation and an
added burden.
*in an academic essay avoid writing the word I
Legalese writing- too much legal terminologies is no longer encouraged by the
court. The court now encourages lawyers to write simply and not to be redundant
such as the use of the phrase moot and academic, wherefore, whereas,
hereby, wherefore, thereafter
Writing a Legal Opinion
1. Objective legal analysis -client relays to you the facts, draw up an opinion based on
the facts, this is relaying to the client the bigger picture in order to decide what the
client can do. Be objective.
2. presented in simple language -understandable to a lay person
Note: a legal opinion should not be intended to sway a client to take a particular
legal action
2 goals:
-give a case diagnosis: how does the law apply to her situation? What are her rights
and obligations under the circumstances?
-give legal recommendations
A. Options on what to do
B. Strengths and weaknesses
C. The following should be considered: legal expense, length of time involved,
strong or weak points
Parts:
Heading
Introduction
Issues and brief answer
Statement of facts
Discussion
Conclusion and recommendation
Optional: Disclaimer

Tips:
-Answer the clients questions in terms that the client can understand. Use concise
and simple English.
-If the opinion is unfavorable, speak of alternatives
-Caution client that law is changing and that your pinion is only valid until the law
changes. Also that our opinion is based on the specific facts relayed to you.
-Do not leave it to the client to interpret your letter, way what you mean, clearly and
accurately
-If your letter is long, you may place the conclusions at the beginning of the letter.
Assignment/Take Home Midterm: Submit legal opinion on Aug 26, 2018 at
6pm
Points: 30