effective legal writing

EFFECTIVE LEGAL EFFECTIVE LEGAL WRITINGWRITING

1

Sources of this PresentationSources of this Presentation

• LEGAL WRITING

By: J. Cesar S. Sangco

• MANUAL OF JUDICIAL WRITING

By: Supreme Court

• FUNDAMENTALS OF ENGLISH GRAMMAR FOR FILIPINO

By: Justice Isagani Cruz and Justice Camilo D. Quiason

• IDIOMATIC EXPRESSION

By: Justice Isagani Cruz and Justice Camilo D. Quiason

• RELEVANT COURT DECISIONS AND ISSUANCES

The MAGIC OF WORDSThe MAGIC OF WORDS

Words are the lifeblood of judicial decisions or any other form of writing. When the right words are used, they serve as germs that give luster to a message or idea. On the other hand, gobbledygook, legal jargon or archaic language is likely to take away the vigor of a message. Thus, the use of plain, concrete words are encouraged, especially in judicial decisions– which are meant to settle, not to further cloud, grey areas in law or in contracts, as well as to end justiciable controversies instead of spawning new one.

CHIEF JUSTICE HILARIO G. DAVIDE JR.

ELEMENTS OF A BAD BRIEF ELEMENTS OF A BAD BRIEF by: Atty. James W. McElhaneyby: Atty. James W. McElhaney

• TOO LONG

• TOO MANY ISSUES

• BOMBASTIC LANGUAGE

• TO MANY CITATIONS

• TO MANY QUOTATIONS

• PERSONAL FEELINGS

• MISREPRESENTING A RULE/MISCITE A CASE

OBSERVE ABC’s of LEGAL OBSERVE ABC’s of LEGAL WRITINGWRITING

• A-accuracy

• B-brevity

• C-clarity

THE FIVE ELEMENTS OF EFFECTIVE THE FIVE ELEMENTS OF EFFECTIVE WRITTEN COMMUNICATIONWRITTEN COMMUNICATION

1. PRECISION

2. BREVITYA. Use the simple, familiar and concrete words

B. Short sentences

C. Make your paragraph compact

3. Originality

4. Vividness

5. Style

ON MATTERS OF STYLE for ON MATTERS OF STYLE for STYLE MATTERSSTYLE MATTERS

• FONT SIZE

-- Use TIMES ROMAN—THE WORKHORSE OF SERIF FONTS, COMPACT AND RELIABLE AT ALL SIZES, A NEUTRAL BUSINESSLIKE

TYPE FONT SIZE

HEADER 12

TITLE 14

TEXT 14

BLOCK QUOTE 12

FOOTNOTE 10

WHAT ABOUT SPACING?WHAT ABOUT SPACING?

TYPE SPACE

TEXT 1.5

BLOCK QUOTES 1

BETWEEN PARAGRAPHS 3

PROPER MARGINS?PROPER MARGINS?

POSITION SIZE

LEFT 1.5’’

RIGHT 1”

TOP 1”

BOTTOM 1”

ESSENTIAL PARTS OF PLEADING ESSENTIAL PARTS OF PLEADING BEFORE THE SUPREME COURTBEFORE THE SUPREME COURT

I. TITLE PAGE HEADER

REPUBLIC OF THE PHILIPPINES

SUPREME COUT

EN BANC


II. CASE TITLE

People of the Philippines

Appellee,

-versus-

Juan dela Cruz

Appellant


III. DOCKET NUMBERS

1.Each case is assigned a docket number when filed. The docket number is placed opposite the name of the party first listed.

2.If the cases are consolidated, the cases are listed according to their docket numbers in ascending orders.

3.For administrative decisions involving court officials and personnel and other administrative matters, the docket numbers should be written as “A.M. No.____”

4.For administrative decisions involving lawyers, the docket numbers should be written as “A.C. No.____”

THE ART OF CAPITALIZATIONTHE ART OF CAPITALIZATION

A. REFERENCE TO COURTS

Reference to courts other than the Supreme Court should be in lower case

This court is convinced that grave abuse of discretion was committed

B. PARTY DESIGNATIONParty designations, such as petitioner, respondent, appellant and appellee, are not

capitalized even if replacing a proper name.

Consequently, petitioner spouses contend that the contract is valid.

THE ART OF CAPITALIZATIONTHE ART OF CAPITALIZATIONC. TITLE OF COURT DOCUMENTS

1. Capitalize the actual title of documents filed in the courts such as pleadings, motions, and manifestations, or decisions, orders, and resolutions issued by the courts.

The Balmes decision is about national patrimony.

2. Do not capitalize the generic name or shortened title of a court document.

The petition for mandamus was timely filed.

D. REFERENCE TO SPECIFIC LAWS

1. Capitalize references to constitutions, statutes, rules, administrative issuances, and ordinances.

The constitutionality of the Generics Law was upheld by the Court/

THE ART OF CAPITALIZATIONTHE ART OF CAPITALIZATION

E. GOVERNMENT AGENCIES

1. Capitalize references derived from proper names of government agencies

The Bureau (referring to the Bureau of Customs)

F. POLITICAL SUBDIVISIONS

Capitalize words designation political subdivisions when they are essential elements of specific names.

Municipality of Bauan, Province of Batangas

ITALICS ITALICS anyone?anyone?

A. NON-ENGLISH WORDS

Italicize non-English words. Non-English words are those not found in the latest unabridged Webster’s dictionary. When necessary, include a parenthetical explanation or translation immediately after the word.

Basi (local fermented wine) was served by the victim to the accused before the altercation.

B. NAMES OF NEWSPAPERS OR MAGAZINES

Italicize the names of newspapers or magazines.

The details of the incident received extensive coverage from such newspapers as The Philippine Star.

““Highlighting or Highlighting or ItalicsItalics Supplied” Supplied”For EMPHASISFor EMPHASIS

A. FOR ADDED EMPHASIS

Use italics or boldface to emphasize specific words or phrases

The Rule of Law must always prevail.

B. USE OF WORDS AS WORDS

Use quotation marks or italics when:

a) referring to a word or a phrase or

b) providing a definition

The phrase for payees account indicated on the face of the check simply means that it is for deposit only and it could not be encashed.

IT IS A NUMBERS GAME!!!IT IS A NUMBERS GAME!!!

A.A. THE PROPER USE OF NUMBERS Spell out numbers zero to nine and use numerals for 10 and above. Use commas for large

numbers i.e. numbers of four digits or more.

FiveFive55555,5555,555

B.B. IF THE NUMBER IS SIGNIFICANT.Write it in both words and figures and enclose the figures in parenthesis

Before the present case was filed, the respondent was already charged with eleven (11) counts of estafa.


C. NUMBERS GROUPED FOR COMPARISON If a sentence or paragraph compares numbers in a particular category, use figures for all numbers

in that category.

The following provinces were represented by a good number of delegates :10 from Mindoro, 12 from Laguna, 15 from Quezon and 16 from Batangas.

D. ADJACENT NUMBERSTo clarify back-to-back modifiers, spell out the smaller number. If the numbers are the same, spell out one.

The speech was interrupted by 12 two-minute standing ovations.


E. NUMBERS GROUPED FOR COMPARISON Spell out numbers that begin a sentence

One hundred fifty disbarment cases are still pending with the office of the Bar Confidant.

D. NUMBERS IN DIALOGUESpell out numbers in dialogue, except numbers in large amounts.

He told her, “the meeting will start in twenty minutes”.The speech was interrupted by 12 two-minute standing ovations.


F. NUMBERS IN COMMON EXPRESSION Spell out numbers in figures of speech or certain common expressions.Ten Cardinal PrinciplesFifty feet under

G. NUMBERS IN DIALOGUESpell out numbers in dialogue, except numbers in large amounts.

He told her, “the meeting will start in twenty minutes”.

The speech was interrupted by 12 two-minute standing ovations.


H. ORDINAL NUMBERSTreat ordinal numbers the same as cardinal numbers. Spell out the first through the ninth, and use figures for the 10th onwards.

The accused succeeded on her fifth try.

G. PLURALS OF FIGURES ARE FORMED BY ADDING s.F-14s200s

H. PLURAL FORM OF NUMBERS Plurals of spelled-out numbers are formed by adding s or es.The winning raffle ticket was three eights and two sixes.

AGE MATTERS!AGE MATTERS!

AGE IS EXPRESSED IN FIGURES.

5-year old child.

PERCENTAGES?PERCENTAGES?

1. Figures are used either with the word percent or the percent sign (%) . Place the percent sign directly next to the number.

The margin or error in the latest survey was. 30%

2.In pairs of numbers or numbers in a series, repeat the percent sign.

20% to 30%

A FRACTION OF A FRACTIONA FRACTION OF A FRACTION

1. Spell out common fractions and mixed numbers and use a hyphen

One-fourth

2. When whole numbers, fractions and mixed numbers appear together, use figures. When expressing mixed numbers as figures, insert a space between the whole number and the fraction. Do not use a hyphen.

The murder weapon was a piece of wood measuring 2 by 1/3 by 15 ¾ inches.

ON DECIMALSON DECIMALS

3. In text that mixes decimals and whole numbers, a trailing zero is added to the whole numbers.

3.1, 3.6, 4.04. If any decimal is less than one, a leading zero is added. However, if the quantity will never be greater than zero, the zero is not added.

0.5.45 caliber

AND THE WINNER IS…AND THE WINNER IS…For voting resultsFor voting results

1. Use figures and the comparative term to when reporting voting results.

The Board voted 10 to 4 in favor of our proposal.

MONEY TALKS…MONEY TALKS…

1. Place the currency sign directly before the number

P500/$300

2. Repeat the currency sign with each number in a pair of series. Do not use any hyphens when the currency amount is used as a compound modifier.

$100 to $300 price range.

MONEY TALKS…MONEY TALKS…

3. Use the currency abbreviation only when clarity requires it. Leave a space after the foreign currency abbreviation and before the indicated amount.

Php 500/USD 600

2. Repeat the currency sign with each number in a pair of series. Do not use any hyphens when the currency amount is used as a compound modifier.

$100 to $300 price range.

TO BE MEASURED AND NOT FOUND TO BE MEASURED AND NOT FOUND WANTING…WANTING…

1. SPELL OUT UNITS OF MEASURE WHEN FIRST USED.

500 square meters.

2. Use figures with abbreviations, signs and symbols.

5km300 sq m36 Mhz

TO BE MEASURED AND NOT FOUND TO BE MEASURED AND NOT FOUND WANTING…WANTING…

3. USE A HYPHEN TO JOIN A NUMBER AND A UNIT OF MEASURE USED AS A MODIFIER

40-kg sacks5-cm board20-m distance

2. Use figures with abbreviations, signs and symbols.

5km300 sq m36 Mhz

WE NEED MORE TIME?WE NEED MORE TIME?

1. EXPRESS TIME IN FIGURES FOLLOWED BY a.m. or p.m.

2:45 p.m. or 3:45 a.m.

2. When referring to 12 a.m. or 12 p.m. eliminate confusion by specifying 12 midnight or 12 noon,respectively.

IT’S A DATE!IT’S A DATE!

1. THE WRITER HAS THE OPTION OF USING THE AMERICAN METHOD (MONTH-DAY-YEAR) OR THE BRITISH METHOD (DAY-MONTH-YEAR) OF WRITING DATES IS ACCEPTABLE. HOWEVER FOR CONSISTENCY, USE ONLY ONE METHOD THROUGHOUT THE TEXT AND FOOTNOTES.

2. WHEN REFERRING TO A DATE BY MONTH FOLLOWED BY THE DAY, DO NOT USE THE ORDINAL FORM.

(this) The September 19 hearing(not this) The September 19th hearing


3. WHEN INDICATING A PERIOD OF SEVERAL YARS, USE to or through, not hypen.

(this) Justice Manalo was on the bench from 1955 to 1971.(not this) Justice Manalo was on the bench from 1955-1971

4. Apostrophes are used to indicate a period of time.

5. DO NOT USE AN APOSTROPHE TO INDICATE A DECADE.1990s


3. WHEN INDICATING A DATE BY MONTH AND YEAR ONLY, DO NOT PLACE A COMMA BEFORE OR AFTER THE YEAR.

Two lawyers attended the June 2009 deposition.

4. Spell out names of the days and months in the text and footnotes. Abbreviate only in formats such as tables, graphs and catalogs where space is a consideration.

ABBREVIATIONSABBREVIATIONS

1. ON THE FIRST USE, NAMES THAT ARE CUSTOMARILY ABBREVIATED ARE SPELLED OUT FOLLOWED BY THE ABBREVIATION IN PARENTHESIS.

The pre-judicature program was sponsored by the Philippine Judicial Academy (PHILIA).

ABBREVIATIONSABBREVIATIONS

2. After the first usage, abbreviate specific parts of the laws.

The powers of the Supreme Court which concerns admission to the bar is found in paragraph 5, section 5 of Article VIII of the 1981 Constitution. Sec.5 also covers the rule making power of the Court.

3.As a rule, spell out Constitution, legislative enactments, treaties, executive and administrative issuances.

IN EXCEPTIONAL INSTANCES WHEN ABBREVIATIONS ARE NECESSARY, SPELL OUT THE ABBREVIATED WORDS ON FIRST USAGE FOLLOWED BY THE ABBREVIATION IN PARENTHESIS.

KISSing OUR PARAGRAPHSKISSing OUR PARAGRAPHS(keeping is short and simple but effective)(keeping is short and simple but effective)

1. INTRODUCE EACH PARAGRAPH WITH A TOPIC SENTENCE. (this allows readers who are in a hurry to get the point efficiently) OPEN THE PARAGRAPH WITH YOUR TOPIC SENTENCE.

2. USE TRANSITION WORDS AND PHRASES TO BRIDGE BETWEEN PARAGRAPHS such as:

1. Pointing words– like, this, that, these, those and the.2. Echo Links—words or phrases in which a previously mentioned idea reverberates.3. Explicit connectives– words whose chief purpose is to supply transitions (further, also, therefore)

KISSing OUR PARAGRAPHSKISSing OUR PARAGRAPHS(keeping is short and simple but effective)(keeping is short and simple but effective)

NOTE: Selecting a precise transition is entirely a matter of context, some transitions will work well in some contexts but not all in others.

3. VARY THE LENGTH OF YOUR PARAGRAPH, BUT GENERALLY KEEP THEM SHORT.

--long paragraphs can put off your readers even if they are lawyers.--strive for an average paragraph of not more than 150 words.

A LONG SENTENCE IS A DEATH A LONG SENTENCE IS A DEATH SENTENCE.SENTENCE.

1. LONG SENTENCES ARE THE HALLMARKS OF TRADITIONAL LEGAL WRITING BUT OUR WRITING CAN BE LEGALLY ACCURATE WHETHER WE USE ON SENTENCE OR SEVERAL SENTENCES

2. THE AVERAGE READER CAN HOLD ONLY A FEW IDEAS AT A TIME IN HIS SHORT TERM MEMORY. AFTER TWO OR THREE IDEAS, THE READER NEEDS TO PAUSE AND PUT TOGETHER WHAT HAS BEEN READ. READERS OFTEN GET LOST IN VERY LONG SENTENCES.

SOME PITFALLS OF SENTENCE SOME PITFALLS OF SENTENCE WRITINGWRITING

1. FAILURE TO PUT PARTS OF EACH SENTENCE IN A LOGICAL ORDER.

(not this) Petitioner sent respondent copies of the pleadings and some additional documents in response to the request of February 9, 2005.

(this) In response to his request of February 9, 2005, petitioner sent respondent copies of the pleadings and some additional documents.


2. THE USE OF SEXIST LANGUAGE

Avoid language that discriminates against women or perpetuate thoughts of male supremacy.

USE DO NOT USE

1. HUMAN RESOURCES 1. MANPOWER

2. POLICE OFFICER 2. POLICEMAN

3. SALESPERSON 3. SALESGIRL


3. AVOID USING HE OR SHE AS A GENERIC PRONOUN by:

a. Eliminating the pronoun altogether

A court clerk can give her advice on the matter A court clerk can give an advice on the matter.


3. AVOID USING HE OR SHE AS A GENERIC PRONOUN by:

a. Replace the sexist pronoun with a neutral pronoun or article such as a, the, this or one.

A judge can always make his ruling orally.A judge can always make the ruling orally.


4. OMIT SURPLUS WORDS

Three good things happen when one combats verbosity:

1. Reading is faster2. Clarity is enhanced3. Writing has greater impact

ERGO, Include only those words that will sufficiently get the point across, no more no less.


WHY WRITE THIS:

It is not necessary that an investment adviser’s compensation be paid directly by the person receiving investment advisory services, but only that the investment adviser receive compensation from some source for his or her services.


IF YOU CAN WRITE THIS:

Although the investment adviser must be paid, the source of the payment does not matter.


5. AVOID THE JARGON

Even lawyers can have trouble understanding specialized legal terms, particularly those pertaining to a field of law outside of their practice.

Limit the use of LATIN words to phrases that are generally used, i.e. res ipsa loquitor, prima facie, res judicata, sui generis. (LATIN PHRASES ARE OFTEN JARRING TO THE MODERN READER, EVEN WHEN THAT READER IS A LAWYER)


6. AVOID THE ARCHAICa.Aforesaidb.Henceforthc.Hereinbefored.Notwithstanding anything to the contrary hereine.Null and voidf.Give, devise and bequethg.Free and clearh.Full and completei.True and correctj.Convey, transfer and set over.

SOME RULES TO REMEMBER IN SOME RULES TO REMEMBER IN WRITING OUR PLEADINGWRITING OUR PLEADING

BAR MATTER NO. 1132, DECEMBER 2, 2010

ALL LAWYERS ARE REQUIRED TO INDICATE THEIR ROLL OF ATTORNEY NUMBER IN ALL PAPERS OR PLEADINGS SUBMITTED TO THE VARIOUS JUDICIAL OR QUASI JUCICIAL BODIES IN ADDITION TO THE REQUIREMENT OF INDICATING THEIR CURRENT PTR AND IBP OFFICAL RECEIPT NUMBER OF LIFE MEMBER NUMBER.

BEFORE SIGNING and PRINTING BEFORE SIGNING and PRINTING and FILINGand FILING

READ, READ, READREVIEWREDUCE

REDRAFT

THE ENDTHE END

THANK YOUGOOD LUCK and

GOD BLESS!

effective legal writing

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