Effective legal writing : a practical approach

✍ Scribed by Brendan Grigg; Nichola Corbett-Jarvis; CCH Australia Limited,

• Publisher: LexisNexis Butterworths
• Year: 2016
• Tongue: English
• Leaves: 493
• Edition: Second edition.
• Category: Library

✦ Table of Contents

Full Title
Copyright
Preface
Table of Contents
Chapter 1 Introduction
Why and when do we write?
‘The grammatical and ordinary sense’
Professional and pragmatic considerations: the importance of written communication for law students
Meeting the expectations of a graduate of the Bachelor of Laws or the Juris Doctor
The contents of this book and how to use them
Conclusion
Chapter 2 Grammar Matters: English Grammar and the Law
The historical roots of today’s English
Why are these important?
Grammar and law: prescription or description?
Where does English come from?
English: spelling and styles
Australian English and style(s)
Grammar components
Keys to parts of a sentence
Nouns
Distinguishing a proper noun from a common noun
Are collective nouns singular or plural?
Verbs
The importance of verbs in clauses and sentences
Active and passive voice
Verb nominalisations
Use of compound verbs: ‘shall’, ‘will’ and ‘must’
Infinitive verbs
Punctuation
Introduction
The apostrophe: possession and contraction
The comma
Marking breaks in a sentence
Before the introduction of a principal clause
Separating lists of nouns
The ‘Oxford’ or the serial comma
The colon and the semicolon
The colon (:)
The semicolon (;)
Parallel structure
Chapter 3 Plain English Writing and the Law
What is the problem with the way lawyers communicate?
Why do lawyers use legalese?
What is plain English?
A moral imperative and a pragmatic choice: why legal writing and communication needs to be clear
Techniques for plain English writing
Considering your reader, the context and the purpose for writing
Keep the style ‘as simple as possible — but no simpler’
Use specialist terms only where there is no plain English alternative and explain specialist terms if you must use them
Use short sentences where possible
Ways to achieve shorter sentences
Use active sentences
Comply with rules of grammar and punctuation
Use gender-neutral and non-discriminatory language
How to develop gender-neutral and non-discriminatory language techniques
Think carefully about layout and presentation
Use relevant headings
Use different formatting techniques to give emphasis and weight
Use numbered lists, tables and graphs
Be consistent (and considerate) with font type and size
Incorporate white space
And finally …
Chapter 4 Ethical Considerations and Referencing Conventions
Academic integrity
Plagiarism
Collusion
Cheating
Falsified or fabricated results
Other academic integrity issues
Academic integrity in legal writing
Admission to legal practice: the importance of academic integrity in legal writing
Tips and traps in preparing written work
Planning
Drafting
Referencing requirements
Familiarity with the referencing guide
Chapter 5 Academic Legal Writing
Academic legal writing at law school
Types of ‘academic legal writing’ at law school
Problem questions
Identifying issues in the facts
Narrowing down the issues
Identifying a logical order for discussion of the issues
Gathering information in preparation for writing
The research process
Writing a problem question answer
The introduction
Discussion of the issues in the problem question
The conclusion
Review, reflect and refine
Theoretical essay questions
Identifying issues in a theoretical essay question
Directions in the wording of the question
Identifying issues and sub-issues in the question
Researching the issues
Writing a theoretical essay
The introduction
The body of the essay
The conclusion
Review, reflect and refine
Case notes
Why do law students prepare case notes?
The use of case notes in academic writing
Content of a case note
Making the most of a case note
Citation and case details
Facts
Issues
Decision
Ratio/ Reasons
Important obiter
Detailed case notes
Case notes incorporated into assessment tasks
Chapter 6 Profession-Orientated Writing
Paperwork and running a file
Letters
Letters to clients
Step 1: Identify the purpose
Step 2: Identify the issues
Step 3: Planning the letter
Step 4: Drafting the letter
Step 5: Review, refine and edit the letter
Using email to communicate with a client
Example letter
Communication with lawyers, the courts, third parties and other bodies
Step 1: Identify the purpose
Step 2: Identify the issues to be addressed
Step 3: Planning
Step 4: Draft the letter
Step 5: Review, edit and refine
Memorandums and file notes
The planning and preparation process
Identifying issues and sub-issues
Conducting legal research
Planning the content of the memo
Writing a memo
Use of authorities
Practical considerations
The conclusion
Formatting the memo
Review, refine and edit the memo
Outlines of argument
Structure and content of written submissions
General structure of an outline of argument
The heading
Statement of issues
Statement of facts or chronology
Drafting the submissions
Orders sought
Sign-off
Formatting written submissions
A note of caution in relation to limitations on the number of pages or words
Review, refine and edit
Barristers’ opinions
Identifying what the task requires
Identifying relevant sub-issues
The order for discussion of the issues
Legal research
Structure
The heading and sign-off
Acknowledge your instructions
Summary of the relevant facts or evidence
Discussion of the issues
Conclusion
Drafting the content
Allowing for alternative outcomes
Providing objective advice
Reference to authorities
Formatting the document
Page numbers and paragraphs numbers
Font, font size and line spacing
Citation of sources
Review, refine and edit
An introduction to drafting legal documents
Drafting according to the purpose, context and reader
Contracts
Affidavits
The use of precedents
Structure and format of the document
Identifying the foundational information
Headings, sub-headings, clauses and sub-clauses
Definitions sections
Utilising lists
Expression
Review, edit and refine
Chapter 7 Planning, Editing and Reflecting
Planning and preparing for assessments
Proper planning and preparation
Organising your semester
Assessment task deadlines
Planning and drafting the document
The planning and preparation process
The drafting process
Prior to submission: review, refine and edit
Reviewing and refining your work
Editing your work
Checking for grammatical, spelling and typographical errors
Checking for compliance with formatting and submission requirements
The final check
Feedback and reflection
Understanding the marker’s feedback
Index