WORK OUTLINE

1.0 INTRODUCTION
1.1 THE CONCEPT OF EFFECTIVE LEGAL WRITING AND DRAFTING.

2.0 MAIN BODY

2.1 THE NITTY-GRITTY FOR EFFECTIVE LEGAL WRITING AND DRAFTING
FOR A LAWYER.
2.1.1 CLARITY
2.1.2 CONCISENESS
2.1.3 ENGAGEMENT
2.1.4 PROFESSIONAL FORMS AND TONE
2.1.5 ETHICAL CONSIDERATION
1.0 INTRODUCTION
1.1 THE CONCEPT OF EFFECTIVE LEGAL WRITING AND DRAFTING.
Legal language is a complex and technical form of language in all jurisdictions of the legal
platform. It is a form of language that is very technical from the use of its vocabularies and
grammar to pass the intended information from one person or place to another. Generally
legal writing and drafting is simply an art pf technical use the skills on delivering legal
documents. It involves a series of technicalities, ideas and proper skills in managing words,
creating frame works and reducing them into writing.
The use of this skills can be traced back around 1300 when laws were written in Latin, then
later in French in 1485 for a and exclusively in English in 1489. 1 Initially when this legal
writing started simple word were used but since the days go, complex words were invented
which required intensive skills and to create the uniqueness of the language from other fields
of profession.
Legal writing, involves the analysis of fact patterns and presentation of arguments in
documents such as legal memoranda and briefs. 2 It is generally a technical writing used by
lawyers, judges, legislators, in law to express legal analysis and legal rights and duties. The
use of technical words and unique language ensure and helps to keep the legal writing formal.
This formality can take the form of long sentences, complex constructions, archaic and hyper
formal vocabulary and a focus on content to the exclusion of reader needs.
Legal Drafting, refers to the practice, technique, or skill involved in preparing legal
documents such as statutes, rules and regulations, contracts and wills. Legal drafting focuses
on technical aspect of legal documents like such as format, structure contents and legal
technology. Legal drafting is therefore a subset of legal writing. Lawyers what they do every
day is writing, through this endless activity they are obliged to adopt efficient skills and
knowledge in analysing and drafting of legal documents.3
Therefore both writing and drafting are all important skills that all lawyers and legal
practioneers should uphold in exercising their day to day duties. These skills allow to show
the uniqueness and the efficiency of the legal profession in comparison to other professional
fields. This essential to lawyers as it will ensure that their all communicating in an efficient
manner that is easily understood in their legal field.

1
Harvard Law School, Legal Research and Writing.( Harvard Law School,2018)31
2
Osbeck,M. What is Good Legal Writing; (2012)
3
Rupert, H. Legal English: (2nd edn, Routledge Cavendish, 2006) 54
In the field of learning the law it is essential even for lawyers to understand how to write and
identify various legal.
2.0 MAIN BODY
2.1 THE NITTY-GRITTY FOR EFFECTIVE LEGAL WRITING AND
DRAFTING FOR A LAWYER.
The following are the important considerations to be taken for lawyers in conducting efficient
legal writing and drafting;
2.1.1 CLARITY
This is the primary focus of any legal writing. It will be illogical if a legal document is
prepared and it is not clear. Legal writing must be written in clearly and straight forward
manner. This will enable the readers of the document can easily understand the document
presented.
At this part a lawyer should avoid ambiguous language that will confuse the readers. At this
process requires employing techniques that ensure clear sentence structure and precise
communication. A lawyer must clearly outline the meaning of specific terms to mitigate
potential understandings.4 The following are the importance of clarity in legal writing;
(a) Purpose of writing; The main aim of writing is to deliver the intended information
to the public. Therefore it should be clear in a sense that the purpose of the
document to reach the intended user. For example an article concerning the impact
of child labour in the legal basis it should be clear as its purpose to reach the
intended people in the public.
(b) Nature of the subject matter of your writing; In legal writing the nature of the
subject enforces the clarity of the document. The legal document should be in a
manner that if presented should relate or interconnected with the main intention of
the subject matter. This will ensure drafting of intended information effectively.
(c) Nature of the people to be presented; This means the type or class of people in the
community that the said document is going to be presented. For example if towards
a layman, that is a person not familiar in the legal field then the language should be
clear in a manner that it does not employ the use of technical words or phrases, and
if it is presented over legal professionals then it must involve the use of legal
language and tenses for example drafting of a plaint.

4
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The importance of clarity it helps the reader to understand the intended information easily, it
also ensures structure of words and ideas in a meaningful manner that can be understandable
by the reader.5

2.1.2 CONCISENESS
This means to be efficient in the process of legal writing. It implies to avoid unnecessary
verbosity and wordiness without sacrificing the meaning of clarity. This means that legal
should be succinct, avoiding unnecessary words or phrases and getting straight to the point.
Conciseness makes legal writing more readable, and increase the chances of the writing to be
understood and acted upon.6
The purpose of being concise is not only to be short and clear but to reduce the risk of
misrepresentation and save time and resources. Factors to consider include;
Avoiding redundant phrases; This implies that legal writers should avoid the use of phrases
and sentences that are not necessary, that is sentences that are kept just to fill the gaps instead
of sentence that are meant to inform an intended reader or client. This will ensure that the
reader receives the intended information in an effective way.
Eliminating unnecessary jargon: This means that in order to maintain concise work the
writer must avoid jargons or unnecessary words. Including more technical word tend to non-
deliverance of the intended information, since it will be more of a complex document rather
than an informative document.
Structuring sentence and paragraphs: This mean that a concise document is that which its
paragraphs and words structure are arranged in an effective way and chronological order of
events and arguments from the top to the bottom. The structure of sentence and paragraphs
will ensure that writers omit unnecessary sentences and paragraphs that are not necessary.
2.1.3 ENGAGEMENT
Engagements, refers to the process of taking attention of the reader and involves throughout
the legal documents, it involves delivering the content that is interactive and relevant to the
reader there encouraging them to actively engaging with the materials.7
The following are things to consider during the Engagement. It involves removing irrelevant
information and adding attracting information that will enable the reader to be influenced to

5
Elmer D. Drafting (2nd edn, Cavendish Publishers 2001) 125
6
Linda E. Legal Writing and Analysis (4th edn, Wolters Kluwer,2015)35
7
Ibid(n3)
read the given document.8 At this aspect the writer should make sure that what he or she
analysed it his own voice that he is speaking to the reader and not a narration of someone else
or a copy from online materials and information.
Engaging Opening Statement; It involves the use of words that will takes the reader into
attention by addressing key issue and by outlining the relevant of the topic.
Engaging language; This involves the use of clear and meaningfully words that can create
imagination or picture to the readers minds, example the use of storytelling to the reader will
help to capture the attention of the reader.
Engaging questions; This involves the use of simple question during engagement in order to
stimulate and increase the thinking capacity of the reader and their answer will help in
formulating arguments which can be used as hypothetical future.
In this aspect, the author must create a connection with the reader, by engaging through
putting their voice, avoiding necessary repetition and ensuring that arguments flow in a
chronological order from the part of introduction to conclusion.9
The importance of engagement ensures that there is an interaction between the reader and the
writer, it also ensure that the writer or legal drafter delivers the necessary information
effectively, also it is an important forum to enable the reader to discover and evaluate the
document in manner that he or she can derive knowledge by asking further questions to the
writer and getting more clarification.
A legal document that lacks engagement it is more of a boredom document as the reader fails
to understand what is the writers voice, or what does he intend to deliver, since what is
delivered is more of a narration rather than an information that is intended as it comprises
another voice apart from the reader himself.
2.1.4 PROFESSIONAL FORMS AND TONE
Any legal writer must adhere to standards of legal writing this includes structure, frame work
and content and the legal terminologies applicable. 10 For example when drafting a plaint
necessary structure that is needed to be included include, cause of action, verification, and
signing of the parties.
These structures show the uniqueness of legal language and documents that are presented in
various legal areas such courts and legal fora such as aid clinics. 11 It essential for legal writers
to maintain professionality and legal tone to avoid going out of legal context. Necessary
8
Doonman, E. Legal Drafting Skills (2nd edn Cavendish Publishers, 2003)
9
Helen, X. Thornton’s Drafting (5th edn Bloomsburry Publishers2012)
10
Ray, M. A Text for advanced Legal Writing (2nd edn West Cox, 2003)135
11
Richard C; Plain English Lawyers (5th edn Carolina Academic Press,2005) 19
indications such citing necessary documents, and footnotes in the legal documents. Another
example when drafting a charge, it essential to identify the name of the court with the
competent jurisdiction, the name of the parties and the number of counts charged joined
accordingly. This shows professionalism and tone of the writer by maintaining the standards
of legal writing.

2.1.5 ETHICAL CONSIDERATION

Legal writers should adhere to ethics of the legal field. Ethics are important in legal writing
as they involve the professional and moral responsibilities of lawyers and legal professions.
Things consider in ethical consideration are as follows;
Confidentiality; In legal writing writers must maintain confidential information in secret and
avoid to expose them unnecessarily. For example a client and advocate legal documents
should be maintained in a confidential manner.12
Honesty; Legal writers must be honest and truth full to their clients, any document prepared
should not include a set of misrepresentation and fraud that could deceive the client. These
will ensure that there is a clear connection between the client and the advocate in general.
Conflicts of interest: Legal drafters should avoid a conflict of interest. That is an advocate
should not draft a document that is basically on his own interest. This will ensure that the
advocate meets the demand of the client in achieving his case in the court of law. Also legal
drafter should not draft documents that will base only on the interest of the client, that will
affect his advocate, this will enable both of them to be under the same shoes in presenting the
said document.

CONCLUSION
Generally, the application of legal drafting is essential in the legal field as it enable the
student to draft different legal documents example pleading, contractual agreement, it saves
time and cost in drafting of legal documents, it enables lawyers to communicate in effectively
in written forms. It is an essential tool to maintain legal professionalism, it shows uniqueness
of legal field compared to other field or professions. Also legal drafting enables writers to
keep records for future reference, also it is a best forum to interpret and analyse of legal
documents and publications on preparation of researches and thesis for academic purpose.

12
Butt, P. Modern Legal Drafting (2nd edn, Cambridge Press,) 2006
 REFERENCE
BOOKS
Butt, P. Modern Legal Drafting (2nd edn, Cambridge Press,) 2006
Doonman, E. Legal Drafting Skills (2nd edn Cavendish Publishers, 2003)
Elmer D. Drafting (2nd edn, Cavendish Publishers 2001) 125
Harvard Law School, Legal Research and Writing.( Harvard Law School,2018)31
Helen, X. Thornton’s Drafting (5th edn Bloomsburry Publishers2012)
Linda E. Legal Writing and Analysis (4th edn, Wolters Kluwer,2015)35
Osbeck,M. What is Good Legal Writing; (2012)
Ray, M. A Text for advanced Legal Writing (2nd edn West Cox, 2003)135
Richard C; Plain English Lawyers (5th edn Carolina Academic Press,2005) 19
Rupert, H. Legal English: (2nd edn, Routledge Cavendish, 2006) 54

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