LECTURE NOTES IN LEGAL WRITING

(Notes taken by JENNIFER QUILALA)

I. APPROACHES IN LEGAL WRITING

1. Non-Linear Approach- as a legal writer, you must be an embodiment of the following:
a. Madman- you must have an imaginative mind. Think as many things as possible in
the most efficient manner.
b. Architect- you must prepare an outline of your pleading.
c. Carpenter- you must build your case as strongly as possible.
d. Judge- start deciding on how to develop your arguments. You also have to edit your
work.
2. Whirlybird Type- a legal dispute must undertake different arguments. For every
argument, formulate other relative ideas or sub-arguments. In doing so, assume the role of a
madman. You must also be able to anticipate the arguments of the other party so you may
prepare your counter-arguments.
3. Chronological Arrangement of Facts- proceed with your outline starting with the role of the
architect in the non-linear approach. As an architect, outline 10-35 words ideally per heading
and as a carpenter, build 20 words per body of the document. The ideal number of words
exclude articles (a, an, the), conjuctions (and, or, but), prepositions (on, in, under, above, at,
into, etc.), and others.
II. BASIC RULES IN LEGAL WRITING
1. Use sentences in the active voice, not in the passive voice.
* Order of elements in the active voice: Actor- action- recipient of the action
* Order of elements in the active voice: Recipient of the action- action- actor
Examples: The President certified the FOI Bill as an urgent bill. (active voice)
The FOI Bill was certified by the President as an urgent bill. (passive voice)
2. Avoid multiple negative words such as no, not, never, etc. Only once is permitted.
3. Write grammatically correct sentences.

4. Simplify your words. Use plain English. Avoid legalism or legalese language.
Examples: Use if, instead of provided that.
Use when, instead of in the event that.
Use during, instead of at the time of.
III. THE MEMORANDUM- in preparing a memorandum or any pleading submitted in court,
oftentimes voluminous, the main issue should be identified. This is the deep issue. The
deep issue must be concised in one or two pages.
A. Elements of a Deep Issue:
1. Questions- not to be taken literally. The question in a deep issue is stated in a
declarative sentence and does not end with a question mark. It must be brief but
comprehensive and must be confined in ideally 75 words, excluding articles (a, an, the),
conjuctions (and, or, but), prepositions (on, in, under, above, at, into, etc.), and others.
- refrain from starting your question with whether or not. This is considered
obsolete in the modern technique of legal writing.
2. Answers- categorical response to your question. May be direct (yes or no) or indirect.
3. Reasons- the justification to your answer. This is where you build your argument.
B. Parts of a Memorandum:
1. Prefatory statement

4. Arguments

2. Statement of facts
3. Issues

5. Discussion
6. Conclusion

C. Techniques in Writing a Memorandum:

1. Summarize. Do not particularize. - This rule must be followed especially in the
statement of facts. Avoid using too much dates. Emphasize the details of the issue. Ideally, do
not exceed 150 words, excluding articles (a, an, the), conjuctions (and, or, but), prepositions
(on, in, under, above, at, into, etc.), and others.
Example: (Wrong) At 8:05pm, the professor arrived. At 9:05pm, the professor left.

(Correct) The class was conducted for an hour. -or- The professor dismissed
the class after an hour.
2. Provide signposts along the way. Signposting sentences explain the logic of your
argument. They signal your readers that you are about to emphasize key points in your
document. Signposts that may be used include (first, second, third,) or (one, two, three, ).
You can also use numbers or letters.
Example:
(Without signposts) The DAP was declared unconstitutional because it violates the
separation of powers principle. The manner by which funds are extracted and disbursed are not
in accordance with the Constitution. The principle of augmentation is also violated.
(With signposts) The DAP was declared unconstitutional because of the following
reasons:
First, it violates the separation of powers principle.
Second, the manner by which funds are extracted and disbursed are not in accordance
with the Constitution.
Lastly, the principle of augmentation is also violated.

3. Use laws and jurisprudence. For every pleading or memorandum, there must be laws
and jurisprudence to back up your argument and to establish your arguments credibility.
4. Unclutter. Make your document neat by uncluttering. Move your citations to the
footnotes. Do not put your citation within the paragraph.
5. Be direct. Be forthright in dealing with arguments. Avoid flowery, legalese and
ambiguous language or words.
6. Organize provisions in a descending sequence. Strongest arguments must be put on
top of the less important arguments. The last part should be your alternative arguments. The
alternative argument of a lawyer is in line with the thinking, If I cant get an acquittal for my
client, I have to at least get him the least punishment.
7. Use important and correct words. If you are asked to draft bills, for example,
minimize definitions. Also, instead of using shall, use must or will.
8. Avoid using provisos (Provided that). Instead use if, except, or also.

9. Do not use and/or. Replace and/or wherever it appears in your document with and
or or. Choose whatever is more appropriate.
10. Prefer numerals, not words, to denote amounts. Avoid word-numerals doublets.
Example of a word-numeral doublet: Two thousand pesos (P2,000.00)
A. Rules:
a. If the numbers are from 1 to 10 only, you can write words. From 11 onwards,
use numerals.
b. If a document contains less than 11 and more than 11 simultaneously, use
numerals consistently. In this case, do not follow Rule #1.
c. If it involves exact millions or exact billions, use combination of words and
numerals. Example: 3 Million, 5 Billion, etc.
d. If it involves inexact millions or inexact billions, use numerals. Example:
5,433,928 or P47,333,100.00
e. If it involves percentage, use the numeral followed by the symbol. Example:
10%, 100%, etc.
f. If you begin your statement with an amount, use words. Example: One
hundred years ago, our forefathers fought for our independence.
11. Do not use all capitals or initial-capitals to stress an important point. Example:
AND LASTLY - or- and Lastly.
12. For long documents, use a table of contents. This will capture the interest of your
reader and refrain them from being bored in reading your lengthy document. This will also help
them select the portions of the document that they want to read, instead of them reading the
whole document.
13. Write simply. Offer simplicity without oversimplifying.
14. Other pointers. In a cross-examination, ask questions that are answerable by yes
or no. Do not ask questions that you, yourself, do not know the answer thereto. Also, there are
two sides of a legal writer: (a) writer; and (b) reader. Assume the role of a reader when you
write. Be your own critique.

D. Important Contents of a Memorandum:

1. Legal premise

5. Answer to the objection

2. Factual premise

6. Further point in support

3. Conclusion

7. Clincher

4. Possible objection