Slide 1

ACHIEVING GOOD LEGAL WRITING...Study Unit 2 eLearning RPK 214

He approves your legal writingWHAT IS GOOD LEGAL WRITING?

CLARITY

2. CONCISE3. ENGAGING

CLARITYYour writing must be clear....

The reader must understand immediately what you intend to say

Clarity is not necessarily achieved by using the smallest possible word...

How can I write CLEARLY?PROPER GRAMMAR & PUNCTUATIONNO LEGALESE!!PROPER WORD CHOICE & SENTENCE STRUCTURE Can change meaning... A woman without her man is nothing A woman, without her, man is nothing

SMS languageOverly complicated sentence structure can change the meaning of your message... Avoid archaic language Avoid foreign words Avoid padding Avoid said & suchLEGALESEPLAIN LANGUAGE MOVEMENTStudy information in study material Study Unit 2

Legalese belongs to jurists of an age gone by...PLAIN LANGUAGE MOVEMENTLegal writing must be accessible to more readers!Simplification vs Precision? Will simplification of legal writing sacrifice the precision of what the legal practitioner is trying to say? (Study this work in the Study Unit)

How simple must simple legal writing therefore be?RULE: LEGAL WRITING MUST NOT MOVE THE READER TO TAKE OUT A DICTIONARY!

ESSENCE OF CLEAR WRITING:

STATE WHAT YOU MEANStudy guideNBTHABO WENT TO LAW SCHOOL TO HELP PEOPLEWORDLETTERVowelsConsonants CLAUSEIndependent meaningPart of sentenceSENTENCEA paragraph is a sentence or collection of sentences dealing with one issue or topic. It is a distinct section of writing, set apart from other sections of writing in the same document by numbering, indenting or spacing.PARAGRAPHDeals with ONE topic only!

STATE WHAT YOU MEAN! Most NB skill: clear & concise written expression More difficult than oral expression Write Reread Consider Rewrite DONT expect reader will catch the drift!6RULES TO STATE WHAT YOU MEANShortest meaningful WORDAvoid unnecessary CLAUSESShort sentencesONE issue per paragraphUse punctuation correctlyConsider physical presentation of writing1SHORTEST MEANINGFUL WORD Shortest word to convey EXACT meaning Concrete words rather than abstract Avoid legalese Avoid tautology (repetition of same words grouped together) Avoid over-emphasis & qualifying words Avoid qualifying absolutes (e.g. very crucial) Be consistent in using words Avoid buzz words Use gender-neutral language Use dictionary & thesaurusAVOID DIFFICULT WORDSEquitable RemandFindingDuressMutatis mutandisPrima facieForthwithDue & payableNull & voidMoreoverFairPostponeDecisionForceWith the necessary changesAt first sightFrom now onOwing / DueVoidSo

Exam: Study guide IMPORTANT!GENDER-NEUTRAL LANGUAGE

Antecedent noun & pronoun = PLURAL*E.g.: An employee cannot be dismissed unless he violated policy

Eliminate pronoun*E.g.: An employer is not liable for the work done by his independent contractors.

One / youE.g.: One has the right to defend ones home Repeat nounE.g.: Courts should not prejudice the accused or deny the accused his rights.

Simply use: person, human beings, individualsEmployees cannot be dismissed unless they have violated policyAn employer is not liable for work done by ____ independent contractorsAVOID LEGALESE!

Archaic languageForeign wordsSaid as adjectiveUnnecessarily complex sentences

15Oakes & Enquist:Why not legalese? Because the PUBLIC on whom the laws of this country is applicable cannot readily comprehend such writing!

What is legalese1) Archais language = e.g. hereafter, hereinabove, hereinunder, wheresoever, whereupon, thereabout, thereunto. Aforementioned, aforesaid, thenceforth.2) Foreign words = CAREFUL! Sui generis(unique), supra (above), etc.3) Said = The said plaintiff Rather use: this; the, etc.4) Not all long sentences are bad, but structure the sentence so it may be understood clearly and unambiguously. Avoid excess modifiers in sentence.

2AVOID USING UNNECESSARY CLAUSES

Avoid padding Avoid clichs!

in actual factIn is expected thatIt is generally recognised thatIt may be argued that ArguablyIt is more likely than not that Probably

16CONCISENESSEliminate redundancies (tautology) (advanced) warning at (the) present (time) ask (a question) cease and desist / aid and abet

Reduce phrases to words because of the fact that because despite the fact that although in regard(s) to about / concerning by means of by in compliance with your request as requested

3USE SHORT SENTENCES

2 pieces of information / sentence Active voice Correct word order can affect meaning Squinting modifiers often & only English grammar!Avoid legalese!Overly lengthy and loquacious sentences may unavoidably guide the unsuspected reader into a misapprehension of facts stated in such writ by drawing a veil of impenetrability over material that otherwise should have been comprehensible. Long sentences may lead to misunderstandings & confusion18Oates & Enquist: Good sentences contain proper grammar & punctuation.

4ONE ISSUE PER PARAGRAPH

Paragraph = series of sentences DEALING WITH SAME ISSUE

Sentences 1 State contention / point of view Topic sentence

Rest Support for topic sentence

Paragraph can be one sentence long19REMEMBER TO COMPLETE THE CLASS EXERCISES (2 & 3) FOR THIS LECTURE!!

5USE PUNCTUATION CORRECTLY

A WOMAN WITHOUT HER MAN IS NOTHING

Now employ punctuation:

A WOMAN: WITHOUR HER, MAN IS NOTHING

A WOMAN WITHOUT HER MAN, IS NOTHINGPunctuation marks = POWERFUL!

FUNCTIONS OF PUNCTUATION MARKS

- Short pause Justice must be done, and seen to be done - Separate nouns - Separate clauses in sentences

Tom said, How are you?The accused stands accused of assault, rape and robbery.COMMA,RULES FOR USING COMMASBefore coordinating conjunction joining 2 main clauses- And / But / Or / For / Nor / Yet / So only if joining 2 main clauses!!- Exception: short sentences optionalSeparate introductory phrase from main sentence- Using their sirens, the police signaled the driver to pull overSeparate appositives (Nouns/substitutes that follow another noun to further describe it)Separate participial phrases & main clauses (-ing)Set off interrupters (The contract, however, was flawed)Set off phrases of contrast - Botha initially indicated the he, not Odwa, committed the robberySeparate listed words (I like milk, honey, bread and butter)Separate dates, addresses, geographical locations''''''''

FULL STOPEND OF SENTENCESEMI-COLON ,- Pause longer than comma, shorter than full stop Sentences closely related (main clauses) Separate list of LONG items or where internal commas

CAREFUL!2 MAIN CLAUSES together

E.g. There was no medical report, the court saw the injury

DO NOT USE COMMA!! Comma splicingUse semi-colon ;Add coordinating conjunctionDivide into 2 sentences1 = Dependent clause

1) There was no medical report; the court saw the injury2) There was no medical report, but the court saw the injury3) There was no medical report. The court saw the injury4) Although there was no medical report, the court saw the injury

COLONIntroduce a listTo prove murder, the State must prove the following:An unlawful act;Done with intention;That causes the death;OF a human being.Introduce further clarificationThe judges decision was final: the accused was found guilty of murder

ELLIPSIS Indicates omissions in quotations Indicates unfinished sentence

Example:After the accused refused to plead on charges against him, including charges of murder, aggravated robbery and illegal possesion of a firearm, the presiding officer noted a plea of not guilty.After the accused refused to plead on charges against himthe presiding officer noted a plea of not guilty.

UNLESS:part of quotation

DASHHYPHEN

Word modified by anotherPrevent confusione.g. attorney-general At the end of the lease, the flat was re-leasedROUND BRACKETS

Indicate information disrupt flow of sentence NOT: information that should be in footnote

Violent crimes involving dangerous weapons (aggravated robbery, murder and attempted murder) generally carry heavier sentences.

Victim impact statements3 are presented to court by the State prior to an accused being sentenced. (3 in footnote to define what victim impact statements are)

'APOSTROPHEIndicate possession: Singular accuseds alibi witnesss testimony Plural workers rights Jameses horse

Indicates contradiction: do not = dontyou are = youre careful

Indicate plurals:as, bs'''

QUOTATION MARKS Indicates actual words of another Referring to word itself, rather than meaningE.g. Unaccountable refers to those accuseds unable to stand trial.- ' Single quotation marks quote within a quote

The presiding officer referred to the accused in his judgment as a remorseless and vengeful person who should be removed from society altogether.

QUOTATIONS >50 WORDS Indented Single-line spacing NOT IN QUOTATIONS

[sic] after error in quote indicates it was not your errorCharles Manson [sic] was a famous philanthropist who saved a child from drowning

- When emphasising: underline & add (my emphasis)6PRESENTATION!

SPELLINGSMS languageSpell-check Margins & white space & JUSTIFY! Headings, sub-headings, numbering = Consistent Indentations = Consistent Line spacing

Font choice- Appropriate for type of writing

- Legal writing: Ariel

Size = readable- Minimum: 11; preferred: 12

Spacing: 1,5 / double line

Tabulation: effective for complicated pieces of writing

ADDITIONAL TIPS FOR GOOD LEGAL WRITING Active voice instead of passive Avoid unnecessary preambles to sentencesEg. In consideration of all the above, it is humbly submitted that the client has ample legal foundation to institute proceedings.

It is submitted that the client is legally justified in instituting legal proceedings Omit unnecessay wordsEg. It should be noted thatShe is a woman who thinks that there is no legal basis for the application.

exists.WHEN CAN PASSIVE VOICE BE USED? Where the doer is not knownE.g.: The power lines were cut.

Act is more important than the actorE.g.: The accused was found guilty of murder.

To de-emphasise clients actE.g.: The employees were not paid.

Class exercise 3!