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LSDefine

Simple English definitions for legal terms

legal writing

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A quick definition of legal writing:

Legal writing is a type of writing used in the legal profession. It involves communicating legal information in a clear and concise manner, while adhering to specific standards. There are two main types of legal writing: balanced analysis and persuasive writing. Balanced analysis involves presenting legal information in a way that is appropriate for the intended audience, while persuasive writing aims to convince others of a particular argument. Legal writing also includes drafting legal documents, such as contracts and wills, which requires careful attention to detail. Additionally, legal writing uses a unique system of citation to reference legal authorities.

A more thorough explanation:

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.

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RoaldDahl
16:05
dodged the mich r wave what does this mean
HopefullyInLawSchool
16:06
it means you will not be rejected today and may be accepted or WL in the future
Just got my Michigan rejection
BookwormBroker
16:10
same
RoaldDahl
16:10
@HopefullyInLawSchool: what if i already got rejected. does it mean anything
HopefullyInLawSchool
16:12
@RoaldDahl: Likely not however it could mean nothing
RoaldDahl
16:15
So if it means nothing does that mean something?
HopefullyInLawSchool
16:17
Possibly
RoaldDahl
16:26
Cool
RoaldDahl
16:26
thank you!!!! i hope it means something
pinkandblue
16:31
fart
IrishDinosaur
16:36
Mich R gang lesgooo
Did anyone else get that random get to know nova email?
HopefullyInLawSchool
17:21
Ya it was sent to all YM applicants
starfishies
17:37
Anyone get the NDLS email inviting you to apply for something even though they haven’t made a decision on your app yet
17:38
Better yet I got the email and I was rejected last month
starfishies
17:38
Wtf
starfishies
17:39
and the deadline is in like a week what is this
any cardozo movement?
BatmanBeyond
18:01
Sent a LOCI via portal, but I'm wondering if email would have gotten me a swifter response
BatmanBeyond
18:02
This whole hold/wait-list/reserve system is a headache
loci already?
BatmanBeyond
18:09
If the odds are like 1-2% I don't think it matters much by the numbers
12:11
I got the same NDLS email
OrangeThing
12:18
I think the user profiles are broken
19:29
Any word out of Notre Dame?
19:29
Only the invitation to apply for LSE
19:29
Anyone received a decision from NDLS?
19:50
when did u guys apply that just heard from umich? they havent even glanced at my app yet
0:30
how am i supposed to spy on people when profile links are broken?
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