AN INTRODUCTION TO AN INTRODUCTION TO LEGAL WRITING STYLELEGAL WRITING STYLE

This will be a fun seminar – and it is meant This will be a fun seminar – and it is meant to get you thinking about that Natalie to get you thinking about that Natalie Attired legal memorandum you need to Attired legal memorandum you need to do for the Final Project….do for the Final Project….

WEEK #8 is here!WEEK #8 is here!

I hope that you guys are getting geared up for the I hope that you guys are getting geared up for the homestretch of the semester….we are almost to the homestretch of the semester….we are almost to the

finish line – so don’t run out of gas on me! finish line – so don’t run out of gas on me!

This guy also worked with Natalie This guy also worked with Natalie Attired at the restaurant….Attired at the restaurant….

He got fired by Biddy too….He got fired by Biddy too….

Let’s discuss what is due this Let’s discuss what is due this week:week:

Please draft a legal memorandum addressing the issues in the Attired case. Please draft a legal memorandum addressing the issues in the Attired case. Make sure that your memorandum includes all the required sections: facts, Make sure that your memorandum includes all the required sections: facts, issues, brief answers, applicable statute, discussion, and conclusion. Use issues, brief answers, applicable statute, discussion, and conclusion. Use only the legal authority which has been provided to you: the New Mexico only the legal authority which has been provided to you: the New Mexico Unemployment Compensation statute and the three cases you briefed Unemployment Compensation statute and the three cases you briefed interpreting the statute. interpreting the statute.

You will prepare several drafts of the memorandum. You will prepare several drafts of the memorandum. In Unit 6, you will draft the Statement of Facts, Issues, Brief Answer , In Unit 6, you will draft the Statement of Facts, Issues, Brief Answer ,

an d Applicable Statute sections.an d Applicable Statute sections. In Units 7 & 8, you will draft and revise the discussion and conclusion In Units 7 & 8, you will draft and revise the discussion and conclusion

sections.sections. In Unit 9, you will combine all the sections together into a final In Unit 9, you will combine all the sections together into a final

memorandum of law. memorandum of law.

Final ProjectFinal Project(and how it should be organized):(and how it should be organized):

Make sure that you memo has all six required sections:Make sure that you memo has all six required sections: Statement of Facts Statement of Facts Questions Presented Questions Presented Brief Answers Brief Answers Applicable Statutes Applicable Statutes Discussion Discussion ConclusionConclusion

There is no Discussion Board this There is no Discussion Board this week….week….

In case you were wondering….we had In case you were wondering….we had talked about that last week.talked about that last week.

Just a reminder….Just a reminder…. NEXT week (Week 9) will be our final seminar of the semester.NEXT week (Week 9) will be our final seminar of the semester.

We will discuss the Final Project next week. BUT I WANTED TO We will discuss the Final Project next week. BUT I WANTED TO mention a couple of quick points….mention a couple of quick points….

It is a Legal Memo regarding the Natalie Attired case. You will put It is a Legal Memo regarding the Natalie Attired case. You will put together all of the information we’ve been going over and incorporate together all of the information we’ve been going over and incorporate it into the memo.it into the memo.

The memo needs to be a MINIMUM of 6 pages. Aim for 6 and as long The memo needs to be a MINIMUM of 6 pages. Aim for 6 and as long

as you’re close you will be fine with me!as you’re close you will be fine with me! AND here is the best part….it is due by the end of Unit 9, but if you AND here is the best part….it is due by the end of Unit 9, but if you

need extra time – you can submit it during Unit 10.need extra time – you can submit it during Unit 10. Unit 10 is a catch-up week. AND remember that I cannot accept any Unit 10 is a catch-up week. AND remember that I cannot accept any

work after midnight EST on (February 21st– the last day of Week 10).work after midnight EST on (February 21st– the last day of Week 10).

And of course the discussion board too….And of course the discussion board too….

So get busy with the discussion board So get busy with the discussion board when you get a chance. when you get a chance.

This is a LONG Powerpoint (which covers This is a LONG Powerpoint (which covers – in general – Legal Writing Tips.– in general – Legal Writing Tips.

Since it is a long one….let’s get rolling!Since it is a long one….let’s get rolling!

Legal briefs and memoranda Legal briefs and memoranda are formal documents.are formal documents.

Do not use contractions.Do not use contractions. Do not write in the first person.Do not write in the first person. Do not write in the second person.Do not write in the second person. Do not ask rhetorical questions.Do not ask rhetorical questions. Do not use slang unless you are quoting.Do not use slang unless you are quoting.

Capitalize “court” correctly.Capitalize “court” correctly.

Capitalize “court” only when referring to the Capitalize “court” only when referring to the United States Supreme Court, when giving the United States Supreme Court, when giving the full name of any court, or when referring to the full name of any court, or when referring to the court you are addressing.court you are addressing.

Examples:Examples: The Arizona Supreme Court recently decided The Arizona Supreme Court recently decided

the issue.the issue. In In SmithSmith, the court [not , the court [not CCourt] stated . . . . ourt] stated . . . . This Court [not This Court [not ccourt] should deny the ourt] should deny the

Defendant’s motion.Defendant’s motion.

Capitalize the full title of litigation Capitalize the full title of litigation roles only when they refer to the roles only when they refer to the

parties in your case.parties in your case.

Examples:Examples: The Defendant in this case was properly served.The Defendant in this case was properly served. In In JonesJones, the defendant was a motorcycle dealer., the defendant was a motorcycle dealer.

Capitalize the full titles of Capitalize the full titles of litigation documents in your case, litigation documents in your case, but not other references to them.but not other references to them.

Examples: Examples: Plaintiff failed to respond to Costco’s Plaintiff failed to respond to Costco’s

Request for Production of Documents.Request for Production of Documents. Plaintiff failed to respond to Costco’s Plaintiff failed to respond to Costco’s

document requests.document requests.

Capitalize full and shortened forms Capitalize full and shortened forms of names of governmental units, of names of governmental units,

official titles, or acts.official titles, or acts.

Examples: Examples:

All appeals must be brought before the Department of All appeals must be brought before the Department of Human Services. A recipient can bring a civil action only if Human Services. A recipient can bring a civil action only if the Department refuses to reinstate the recipient’s benefits.the Department refuses to reinstate the recipient’s benefits.

Animals are protected under the Animal Welfare Act. Animals are protected under the Animal Welfare Act. However, the Act does not protect farm animals.However, the Act does not protect farm animals.

Do not write in headline style. Do Do not write in headline style. Do not drop the articles not drop the articles aa, , anan, and , and the the

from your sentences.from your sentences.

Examples:Examples: [Incorrect] In [Incorrect] In JonesJones, buyer of 1989 Toyota , buyer of 1989 Toyota

sued dealer for breach of warranty.sued dealer for breach of warranty. [Correct] In [Correct] In JonesJones, a buyer of a 1989 Toyota , a buyer of a 1989 Toyota

sued the dealer for breach of warranty.sued the dealer for breach of warranty.

Be consistent in what you call Be consistent in what you call people and things.people and things.

If you start with “factors,” stick with “factors”; do If you start with “factors,” stick with “factors”; do not switch to “elements” or “considerations.”not switch to “elements” or “considerations.”

Example:Example: [Incorrect] [Incorrect] The Toyota The Toyota entered the entered the

intersection after stopping at the stop sign. intersection after stopping at the stop sign. The carThe car was accelerating when it struck the was accelerating when it struck the van. The impact caused van. The impact caused the vehicle the vehicle to roll to roll three times.three times.

Avoid footnotes.Avoid footnotes.

Footnotes are appropriate in law review articles Footnotes are appropriate in law review articles but generally frowned upon in court documents.but generally frowned upon in court documents.

““Court” is a single entity and is therefore singular, not Court” is a single entity and is therefore singular, not

plural, regardless of how many judges are on the court.plural, regardless of how many judges are on the court.

Examples: Examples: [Incorrect] The court noted that [Incorrect] The court noted that theythey were were

bound by the bound by the WebsterWebster decision. decision. [Correct] The court noted that [Correct] The court noted that itit was bound was bound

by the by the WebsterWebster decision. decision.

Refer to decided cases Refer to decided cases efficiently.efficiently.

After fully citing a case, refer to it in your text by After fully citing a case, refer to it in your text by the name or the abbreviated name of the first the name or the abbreviated name of the first party to the case, or to the other party if the first party to the case, or to the other party if the first name is not distinctive.name is not distinctive.

Examples: Examples: [Correct] In [Correct] In WebsterWebster, the court established a , the court established a

new rule.new rule. [Incorrect] In the case of [Incorrect] In the case of Webster, . . . .Webster, . . . . [Incorrect] In the [Incorrect] In the WebsterWebster case, . . . . case, . . . .

Be precise in describing what a Be precise in describing what a court did. Courts often:court did. Courts often:

grantgrant or or denydeny a motion a motion sustainsustain or or overruleoverrule an objection to evidence an objection to evidence acceptaccept or or rejectreject an argument an argument holdhold on an issue of law on an issue of law findfind on an issue of fact on an issue of fact rulerule on an objection to evidence, motion, or on an objection to evidence, motion, or

issue of lawissue of law affirmaffirm, , reversereverse, or , or modifymodify a judgment or order a judgment or order

of a lower courtof a lower court remandremand a case to a lower court a case to a lower court

Courts do not have feelings and Courts do not have feelings and do not argue.do not argue.

Write that the court Write that the court noted, articulated, stated, noted, articulated, stated, reasoned, reasoned, or or recognized recognized something, not that it something, not that it felt, believed, felt, believed, or or argued argued something. something.

Use the past tense to describe the facts in a decided case Use the past tense to describe the facts in a decided case

and what a court stated or did.and what a court stated or did. Examples: Examples:

The court in The court in HillHill stated [not stated [not statesstates] that the ] that the rule is based on sound public policies. rule is based on sound public policies.

In In HillHill, a pit bull bit [not , a pit bull bit [not bitesbites] a child.] a child. Courts, not cases, make statements. Therefore, Courts, not cases, make statements. Therefore,

write “the court in write “the court in HillHill stated” or “the stated” or “the Hill Hill court court stated,” not “stated,” not “Hill Hill stated.”stated.”

On the other hand, express the rule On the other hand, express the rule from a case in the present tense.from a case in the present tense.

Example: In Example: In HillHill, the court held that an owner , the court held that an owner of a dangerous animal is [not of a dangerous animal is [not waswas] strictly ] strictly liable for injuries caused by the animal.liable for injuries caused by the animal.

Use the present tense when Use the present tense when referring to statutes and rules.referring to statutes and rules.

Example: Section 2-719 states [not Example: Section 2-719 states [not statedstated] that if a limited remedy fails to ] that if a limited remedy fails to satisfy its essential purpose, the buyer can satisfy its essential purpose, the buyer can resort to other remedies.resort to other remedies.

Exception: When discussing the former Exception: When discussing the former text of a statute or rule that has since been text of a statute or rule that has since been amended, use the past tense. amended, use the past tense.

Example: Prior to the 2004 amendments, Example: Prior to the 2004 amendments, section 2-719 stated . . . .section 2-719 stated . . . .

Refer to the parties in your case Refer to the parties in your case (not in decided cases) by their (not in decided cases) by their

proper names, unless their proper names, unless their litigation roles are more litigation roles are more

persuasive.persuasive. Using a party’s name rather than “Plaintiff” or Using a party’s name rather than “Plaintiff” or

“Petitioner” prevents confusion and makes “Petitioner” prevents confusion and makes your case more vivid.your case more vivid.

Generally, avoid using first names alone.Generally, avoid using first names alone. Omit titles such as Omit titles such as Mr., Ms., and Mrs. Mr., Ms., and Mrs.

Introduce short-form names Introduce short-form names efficiently, and capitalize them.efficiently, and capitalize them.

Examples: Examples: [Correct] This case involves a dispute between [Correct] This case involves a dispute between

Daniel Simon and Janet Garcia. Simon and Garcia Daniel Simon and Janet Garcia. Simon and Garcia entered into a contract in 1987.entered into a contract in 1987.

[Correct] Paul Young, William Luther, and Joe Jones [Correct] Paul Young, William Luther, and Joe Jones (“the Buyers”) are Colorado residents.(“the Buyers”) are Colorado residents.

[Incorrect] Paul Young, William Luther, and Joe [Incorrect] Paul Young, William Luther, and Joe Jones (“the buyers”) are Colorado residents.Jones (“the buyers”) are Colorado residents.

““The” is optional before litigation roles in your The” is optional before litigation roles in your case, as long as its use or omission is consistent.case, as long as its use or omission is consistent.

Examples:Examples: [Correct] The accident occurred while [Correct] The accident occurred while PlaintiffPlaintiff

was driving south on Elm. was driving south on Elm. [Correct] The accident occurred while [Correct] The accident occurred while the the

PlaintiffPlaintiff was driving south on Elm. was driving south on Elm. [Correct] In [Correct] In JonesJones, , the plaintiff the plaintiff sued for sued for

breach of warranty.breach of warranty. [Incorrect] In [Incorrect] In JonesJones, , plaintiffplaintiff sued for breach sued for breach

of warranty.of warranty.

Refer to the parties in a cited Refer to the parties in a cited case by their real-life roles (such case by their real-life roles (such as “tenant” or “employer”) rather as “tenant” or “employer”) rather than their litigation roles (such as than their litigation roles (such as “plaintiff” or “appellant”) or their “plaintiff” or “appellant”) or their

names.names.

Example: In Example: In SmithSmith, the buyer bought a , the buyer bought a computer that broke after only three months. computer that broke after only three months. The seller never successfully repaired the The seller never successfully repaired the computer.computer.

A business or institution is “it,” A business or institution is “it,” not “they.”not “they.”

Business entities (such as corporations and Business entities (such as corporations and partnerships) and institutions (such as partnerships) and institutions (such as universities and government agencies) take universities and government agencies) take singular pronouns.singular pronouns.

Example: The FBI investigated the crime. It [not Example: The FBI investigated the crime. It [not theythey] concluded that Johnson was present at the ] concluded that Johnson was present at the crime scene.crime scene.

Refer to legal arguments as if they Refer to legal arguments as if they were made by the parties, not by were made by the parties, not by

their lawyers.their lawyers.

Write “IBM will argue,” not “Counsel for IBM Write “IBM will argue,” not “Counsel for IBM will argue.”will argue.”

Avoid Legalese.Avoid Legalese.

Do not imitate the writing style of cases in your Do not imitate the writing style of cases in your casebooks. Avoid archaic and stilted terms like casebooks. Avoid archaic and stilted terms like aforesaidaforesaid and and hereinafterhereinafter and and said said (when used (when used to mean to mean thethe or or thatthat). ).

Use familiar, plain words.Use familiar, plain words.

TellTell, not , not appriseapprise GoGo, not , not proceedproceed StartStart or or beginbegin, not , not commencecommence or or initiateinitiate ShowShow, not , not evinceevince LaterLater, not , not subsequentlysubsequently

Omit needless words.Omit needless words.

Wordy prepositional phrasesWordy prepositional phrases:: for the purpose of = for the purpose of = toto in order to = in order to = toto in order for = in order for = forfor in the event that = in the event that = ifif in view of the fact that = in view of the fact that = becausebecause with respect to = with respect to = aboutabout, , concerningconcerning, , regardingregarding

And more needless words.And more needless words.

Redundant phrasesRedundant phrases:: the area of tort law = the area of tort law = tort lawtort law ask the question = ask the question = askask general consensus = general consensus = consensusconsensus

Needlessly abstract phrases:Needlessly abstract phrases: The allegations were serious in nature = The allegations were serious in nature = The The

allegations were seriousallegations were serious At the trial court level = At the trial court level = In the trial courtIn the trial court

And even more needless words.And even more needless words. Needless introductory words:Needless introductory words:

The law is that for a statement to be The law is that for a statement to be privileged = privileged = For a statement to be privilegedFor a statement to be privileged oror A statement is privileged when . . . . A statement is privileged when . . . .

It is important to note that = [just note it]It is important to note that = [just note it] It can be seen that It can be seen that HillHill involved the same involved the same

issue = Hillissue = Hill involved the same issue involved the same issue Needless modifiers:Needless modifiers:

very important = very important = importantimportant rather unusual = rather unusual = unusualunusual

Avoid freezing the action in a Avoid freezing the action in a noun (nominalizations).noun (nominalizations).

conduct an examination = conduct an examination = examineexamine make a decision = make a decision = decidedecide possess knowledge = possess knowledge = knowknow made a request = made a request = requestedrequested was a violation =was a violation = violated violated

Generally, use the active voice, Generally, use the active voice, not the passive voice.not the passive voice.

Examples:Examples: [Passive] The house was searched by the [Passive] The house was searched by the

police.police. [Passive] The house was searched.[Passive] The house was searched. [Active] The police searched the house.[Active] The police searched the house.

Use parallel construction, which Use parallel construction, which requires analogous units in a requires analogous units in a sentence to have the same sentence to have the same

grammatical structure.grammatical structure.

Examples:Examples: [Incorrect] Sally likes to swim, walking, and she [Incorrect] Sally likes to swim, walking, and she

likes to run.likes to run. [Correct] Sally likes to swim, to walk, and to run.[Correct] Sally likes to swim, to walk, and to run. [Correct][Correct] Sally likes swimming, walking, and Sally likes swimming, walking, and

running. running.

Always use the serial comma in a Always use the serial comma in a series of three or more elements.series of three or more elements.

The serial comma is the comma prior to the The serial comma is the comma prior to the final conjunction in a series of three or more final conjunction in a series of three or more elements.elements.

Examples:Examples: [Correct] The tenant, the landlord, and the owner had an [Correct] The tenant, the landlord, and the owner had an

acrimonious discussion.acrimonious discussion. [Incorrect] The tenant, the landlord and the owner had an [Incorrect] The tenant, the landlord and the owner had an

acrimonious discussion.acrimonious discussion. [Correct] The tenant, the landlord and owner, and the agent [Correct] The tenant, the landlord and owner, and the agent

had an acrimonious discussion.had an acrimonious discussion. [Incorrect] The tenant, the landlord and owner and the agent [Incorrect] The tenant, the landlord and owner and the agent

had an acrimonious discussion.had an acrimonious discussion.

However, if there are commas within an element in a However, if there are commas within an element in a series, separate the elements with semicolons.series, separate the elements with semicolons.

Example: The defendant, in an attempt to mitigate his sentence, Example: The defendant, in an attempt to mitigate his sentence, pleaded that he had been despondent over the death of his wife; pleaded that he had been despondent over the death of his wife; that he had lost his job; that his landlady had threatened to have that he had lost his job; that his landlady had threatened to have him evicted; that he had not eaten for several days; and that he him evicted; that he had not eaten for several days; and that he had, in this weakened condition, been unduly affected by an had, in this weakened condition, been unduly affected by an alcoholic beverage.alcoholic beverage.

Possessives of Singular NounsPossessives of Singular Nouns

Generally, form the possessive by adding an Generally, form the possessive by adding an apostrophe followed by an “s.”apostrophe followed by an “s.”

Examples:Examples: The party’s lawyer was present.The party’s lawyer was present. William Jones’s lawyer was present.William Jones’s lawyer was present. O.J. Simpson’s houseO.J. Simpson’s house

There are traditional exceptions for some There are traditional exceptions for some singular nouns ending in “s” (singular nouns ending in “s” (e.g.e.g., Jesus’, , Jesus’, Euripedes’, Xerxes’).Euripedes’, Xerxes’).

Possessives of Plural NounsPossessives of Plural Nouns

Generally, form the possessive by adding an apostrophe Generally, form the possessive by adding an apostrophe after the “s.”after the “s.”

Examples:Examples: The parties’ lawyers were present.The parties’ lawyers were present. The Simpsons’ lawyers were present.The Simpsons’ lawyers were present.

Closely linked nouns or proper names are often Closely linked nouns or proper names are often considered a single unit when the entity possessed is the considered a single unit when the entity possessed is the same for both.same for both.

Examples: Examples: Nicole and O.J.’s houseNicole and O.J.’s house His aunt and uncle’s willHis aunt and uncle’s will

Possessive of “It”Possessive of “It”

The possessive of “it” is “its,” not “it’s.”The possessive of “it” is “its,” not “it’s.” Examples:Examples:

[Correct] The trial court stated in its findings [Correct] The trial court stated in its findings of fact . . . .of fact . . . .

[Incorrect] The trail court stated in it’s findings [Incorrect] The trail court stated in it’s findings of fact . . . .of fact . . . .

““It’s” means “it is.”It’s” means “it is.”

QuotationsQuotations

Use quotations sparingly.Use quotations sparingly. When using a quote, make sure that the quoted When using a quote, make sure that the quoted

language is absolutely accurate (with any language is absolutely accurate (with any alterations indicated) and that a proper citation is alterations indicated) and that a proper citation is provided.provided.