Legal Definitions - legal writing

Legal writing refers to the specialized forms of written communication required in many legal settings. It is the medium in which a lawyer must express their analysis of an issue and seek to persuade others on their clients' behalf. Any legal document must be concise, clear, and conform to the objective standards that have evolved in the legal profession.

There are generally two types of legal writing:

• Analysis: This type requires a balanced analysis of a legal problem or issue. Examples of this type are inter-office memoranda and letters to clients. The lawyer must be sensitive to the needs, level of interest, and background of the parties to whom it is addressed.
• Persuasive: This type of writing is used in appellate briefs and negotiation letters written on a client's behalf. The lawyer must persuade their audience without provoking a hostile response through disrespect or by wasting the recipient's time with unnecessary information.

The drafting of legal documents, such as contracts and wills, is yet another type of legal writing. Poor drafting can lead to unnecessary litigation and otherwise injure the interests of a client.

The legal profession has its own unique system of citation. Court rules generally specify the citation format required of all memoranda or briefs filed with the court. These rules have not kept up with the changing technology of legal research. Within recent years, online and disk-based law collections have become primary research tools for many lawyers and judges. Several jurisdictions have responded and many more are sure to follow.

An example of analysis legal writing is an inter-office memorandum that details definitions of basic legal concepts. This type of writing is inefficient and an annoyance if it is addressed to a partner in the same firm. In contrast, the absence of these definitions from a letter to a client with no legal background could serve to confuse and complicate a simple situation.

An example of persuasive legal writing is an appellate brief written on a client's behalf. The lawyer must persuade the court without provoking a hostile response through disrespect or by wasting the recipient's time with unnecessary information.

An example of legal drafting is the preparation of a contract or will. Guides are available to aid a lawyer in preparing the documents, but a unique application of the "form" to the facts of the situation is often required.

These examples illustrate the different types of legal writing and the importance of tailoring the writing to the intended audience and purpose.