CHAPTER 13CHAPTER 13

Basic Legal Writing ToolsBasic Legal Writing Tools

The BluebookThe BluebookRule 5.3 – The EllipsisRule 5.3 – The Ellipsis

Use to indicate the omission of a Use to indicate the omission of a word or wordsword or words

Never begin a sentence with an Never begin a sentence with an ellipsisellipsis Use brackets on the first letter of the Use brackets on the first letter of the

opening word to indicate the change opening word to indicate the change from lower case to upper casefrom lower case to upper case

What to Consider After What to Consider After Completing the Research Completing the Research

PhasePhase Were the assignment directions Were the assignment directions

followed?followed? Are all questions answered clearly and Are all questions answered clearly and

concisely?concisely? Were all questions answered?Were all questions answered? Is the research accurate, current, and Is the research accurate, current, and

valid?valid? Is the research as thorough as possible?Is the research as thorough as possible?

Overview of the ProjectOverview of the Project

What is the project? What is the goal?What is the project? What is the goal? Who is the audience?Who is the audience? What are the issues?What are the issues? How does the audience benefit from the How does the audience benefit from the

results?results? Which citation manual must be Which citation manual must be

followed?followed? What are the points of emphasis?What are the points of emphasis?

Overview of the ProjectOverview of the Project(continued)(continued)

What is the proper legal authority for What is the proper legal authority for each emphasized point?each emphasized point?

Is there a length restriction?Is there a length restriction? Does the draft meet the length Does the draft meet the length

restriction, if any?restriction, if any? What is the required completion date?What is the required completion date?

The Thesis ParagraphThe Thesis Paragraph

Sets forth the client’s problemSets forth the client’s problem States the legal issueStates the legal issue Briefly explains the rules governing Briefly explains the rules governing

the issuesthe issues States the legal conclusionStates the legal conclusion

Paragraphs Paragraphs

Most start with a topic sentenceMost start with a topic sentence Introduces issue(s) and sub-issue(s)Introduces issue(s) and sub-issue(s) Connects back to the thesis paragraphConnects back to the thesis paragraph

Make paragraphs self-explanatory Make paragraphs self-explanatory and don’t assume knowledge on the and don’t assume knowledge on the part of the readerpart of the reader

Sentences Sentences

Vary sentence length for increased Vary sentence length for increased readabilityreadability

Avoid extremely long and convoluted Avoid extremely long and convoluted sentencessentences Hard to followHard to follow Creates ambiguitiesCreates ambiguities

Seek to use the active voiceSeek to use the active voice

General Writing PrinciplesGeneral Writing Principles

Avoid unnecessary wordsAvoid unnecessary words Use “concrete” termsUse “concrete” terms

Say 6’2” rather than “tall”Say 6’2” rather than “tall” Say 84 MPH rather than “driving fast”Say 84 MPH rather than “driving fast”

Remember that legal writing is Remember that legal writing is intended to inform and/or convince the intended to inform and/or convince the reader, not to entertain the readerreader, not to entertain the reader

Overview of the Editing and Overview of the Editing and Review ProcessReview Process

Reread your instructionsReread your instructions Check your document for organizationCheck your document for organization Verify proper topic sentences and Verify proper topic sentences and

proper transition of paragraphsproper transition of paragraphs Verify the existence and adequacy of Verify the existence and adequacy of

the thesis paragraphthe thesis paragraph Be sure that each paragraph contains Be sure that each paragraph contains

facts and law supporting your thesisfacts and law supporting your thesis

Overview of the Editing and Overview of the Editing and Review ProcessReview Process

(continued)(continued) Confirm that verbs are active and Confirm that verbs are active and

appropriateappropriate Verify the proper use of transition words and Verify the proper use of transition words and

phrasesphrases Be sure that the document opening clearly Be sure that the document opening clearly

and concisely introduces the intended topicand concisely introduces the intended topic Verify that the conclusion properly ties the Verify that the conclusion properly ties the

document togetherdocument together