Legal Writing
Introduction
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Not many databases are devoted solely to the topic of legal writing as a whole. However, examples of specific types of legal writing can be found in specialized HeinOnline, LexisAdvance, and WestlawAsia databases. You must judge for yourself how useful these forms and "real-life" examples are to your own legal writing process.
This page offers directions for finding some of those databases. For pointers to HeinOnline, LexisAdvance , and WestlawAsia databases which contain individual journal titles devoted to legal writing
Briefs, Motions, and Memoranda
HeinOnline's National Moot Court Competition Library contains materials from the 1st (1950) competition through the present. You can look through the briefs from year to year, or skip directly to "View Winning Briefs by Year," under the Browse option at the left of your screen.
Your access to LexisAdvance through the Library's subscription also includes some briefs and motions databases. Look for the Court Records, Briefs, and Filings category on your main page, and click the "View More" link to see a list of those. Choose the database which is most narrowly suited to your needs. Or, to find briefs and motions specific to a particular area of law, look for the Area of Law - By Topic category on your main page and click the "View More" link. Choose a topical area and then look for a folder or set of links containing the words, "briefs," "motions," or "filings."
Your WestlawAsia access includes some databases of briefs and motions, too. Go to the Directory (linked at the top and left of your screen) and look for a link to the Litigation category. Within that, you will find "briefs" and "motions" links, and through those, you can access databases that contain those types of documents. Choose the database which is most narrowly suited to your needs. You can also find databases of briefs and motions specific to certain other areas of practice. To do that, choose the Topical Practice Areas to link in the Directory, choose an area of law within that list, and then look for "briefs" or "motions" options within that.
Forms
Selected forms databases are also included in the Library's subscriptions to LexisAdvance and Westlaw. In LexisAdvance, look for the Secondary Legal category on your main page, and from within that choose the Forms & Agreements link to see a selection of forms databases. On that page, you also can choose to see forms for particular jurisdictions or related to specific areas of law. Other routes to topic-specific forms are the Area of Law - By Topic category on your main page, and the "Center" links under Litigation and Transactional Resources on the right side of your screen.
In WestlawAsia, go to the Directory (linked at the top and left of your screen) and look for a link to the Forms category. In that category, you will find a variety of forms of databases. Choose the one that is most narrowly suited to your needs. You can also find forms that are specific to selected topical areas of law. To do that, choose the Topical Practice Areas to link in the Directory, choose an area of law within that list, and then look for a link that contains the word "forms."
Scholarly Writing
In Lexis, click the Law Reviews & Journals link in the Secondary Legal category, on your main page, to get to a list of databases that contain articles about legal topics and issues. Choose the database that most narrowly suits your needs. You can also use links on that page to locate law reviews and journals that publish articles related to specific areas of law.
In Westlaw, go to the Directory (linked at the top and left of your screen) and look for a link to the Legal Periodicals and Current Awareness category. Within that, choose the Law Reviews link, which will take you to a list of links for Westlaw databases that include scholarly legal articles. Choose the one that best suits your needs and interests. You can also find journals and law reviews databases that are specific to selected topical areas of law. To do that, choose the Topical Practice Areas to link in the Directory, choose an area of law within that list, and then look for a link that contains the words "law reviews" or "legal periodicals."
Transactional Materials
In LexisAdvance, you can see the forms available for transactional areas of practice by using the links in the Litigation and Transactional Resources box on the right side of your screen. Be sure to note the last link, "More Transactional Practice Centers." Or, choose an area of law from within the Area of Law - By Topic section of your main Lexis page. Be sure to click the "View More" link to see a full list of topical areas of law.
In WestlawAsia , go to the Directory (linked at the top and left of your screen) and look for a link to Topical Practice Areas. Within that, choose the area of transactional practice that interests you. For some topical areas, you will find databases that include examples of transactional work products. The Forms category in the Directory is another route to certain types of transactional examples.
Global Library holds a number of print books and e-books. A ready-to-use list of books and e-books in the JGU Library on Legal Writing is available here: Books and eBooks on Legal Writing.
There is no correct style for academic legal writing. Global Library also has a large number of resources that cover legal writing skills. and information about general writing skills, plagiarism, and presentation.
Other Print Resources available in the Global Library, listed below:
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Call Number: 346.482 PO-L ISBN: 9780375424755. Publication Date: 2007 |
Call Number: 808.06634 LE-G ISBN: 9780735568372 Publication Date: 2007 |
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Stop plagiarism a guide to understanding and prevention Call Number: 808 ST- ISBN: 9781555707163 Publication Date: 2010 |
Practical guide to legal writing and legal method Call Number: 808.06634 DE-P ISBN: 9780735562844. Publication Date: 2007 |
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Call Number: 808.06634 ZI-S ISBN: 9780521703437 Publication Date: 2008 |
Originality, imitation, and plagiarism teaching writing in the digital age Call Number: 808 OR- ISBN: 9780472024445 Publication Date: 2008 |
Law Dictionaries in print available in the Global Library:
Most legal dictionaries in the Global Library are at the shelf mark in the Central Block of the Global Library. Below is a selection.
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Stroud's Judicial Dictionary (Set of 3 Volumes) Call Number: 340.03 ST-S ISBN: 9788190366472 Publication Date: 2006 |
Editor: Jonathan Law Call Number: 340.03 DI ISBN: 9780199551248 Publication Date: 2009 |
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Call Number: 340.03 GO-D ISBN: 9780192807021 Publication Date: 2015
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Call Number: 340.03 GA-B ISBN: 9780314199492 Publication Date: 2009
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Journals
These journals focus specifically on the techniques of legal writing or provide good examples of it. They will be most useful to those who are interested in reading about legal writing from an educational standpoint. Some journals are available electronically; others are available in only one format. Those that are available electronically through the Global Library's subscription to HeinOnline and Westlaw Asia.
Articles on legal writings on HeinOnline: Numerous articles on legal writing are available on the HeinOnline database.
Web Resources:
This section of the guide lists selected resources about legal writing that are available for free online. Many of the sites cited here include numerous links to additional free resources.
How To Write Good Legal Stuff : Written by well-known academics like Prof.Eugene Volokh (UCLA) and Prof. J. Alexander Tanford (Indiana University), this slightly tongue-in-cheek guide includes concrete examples of bad legal writing and offers specific advice for improving them.
Drafting Legal Documents (NARA): This portion of the National Archives and Records Administration's site comes from the Office of the Federal Register. Its purpose is to offer guidance in the preparation of regulatory documents, but the general ideas there may also be helpful to those drafting mock legislation.
"Painting with Print" Article: A 2004 article in the Journal of the Association of Legal Writing Directors offered novel ideas about using typography and layout conventions to improve the impact of legal documents. This online copy is posted on the website of the United States Court of Appeals for the Seventh Circuit.
"The Elements of Clunk" (from The Chronicle Review): This Ben Yagoda article is about collegiate writing, but his observations about common errors and the need for streamlined writing have broad appeal.
Legal Writing Institute: This is a not-for-profit organization. A lot of material is members only but there are resources and guidance for non-members as well.
Learn more: Legal Writing: This is information produced by City University.
Purdue OWL Research and Citation: Online writing lab: This website offers free resources, including writing and teaching, research, grammar and mechanics and style guides.
What is "Good Legal Writing" and Why Does it Matter?: An article written by Mark K Osbeck from the University of Michigan hosted on the Social Science Research Network.
Bloomberg Law:
Thinking Like a Writer: A Lawyer's Guide to Effective Writing & Editing: If lawyers are to think and speak clearly about writing, the first step is the same as when they learn to think about an area of the law: understanding the fundamental principles that underlie all the more specific rules or advice. In writing, these principles arise from two disciplines: cognitive psychology and rhetoric (and, of course, from common sense). The first studies, among other things, how the mind absorbs and remembers complex information; the second helps us to understand how speakers and writers connect with and influence their audiences. This book will explain these principles, draw from the specific techniques for writing clearly and persuasively, and show how the principles enable you to make better use of everything you already know about writing. Most important, the book will help you to be a more effective and efficient editor, because it will show you how to spot a draft’s problems quickly, understand their causes, see the possible solutions, and choose the best one—all with the same acuity with which you spot and analyze legal issues.
Citation Resources
Bluebook
A uniform system of citation
Call Number: 348.027 BL-
ISBN: 9780615361161
Publication Date: 2010
The Bluebook: Although the Bluebook is not available online for free, the "Blue Tips" and "Bluebook updates" sections of its website offer useful supplemental information about legal citation questions.
Citations in legal writing serve two purposes:
- Attribution - to identify the source of ideas expressed in the text, and
- Support - to direct the reader to specific authority supporting the proposition in the text
Avoid accidental plagiarism by citing a source for any idea that is not original. Global Library have the subscription of the e-copy and print copies are available in the library.
OSCOLA: Oxford Standard for the Citation of Legal Authorities. This site has the 4th edition as a pdf but also has online tutorials and other guidance.
Tips for Legal Writing - written preferred over oral advocacy:
Throughout the litigation process, from pleadings and pretrial motions through appeals to the court of last resort, oral and written advocacy are the two basic tools of attorneys.
Types of written documents:
At all stages of a case, you will be submitting written documents. The majority of your written work will occur before and after the trial.
- Pleadings: The first stage of a case is submitting your claims or defense.
- Discovery request: Recall that the discovery stage occurs when you and your opposing counsel are collecting evidence.
- Pretrial motions: Motions are essentially any requests you might present to the court.
- Motions of post-trial relief: These are motions to change the result in an action.
- Appellate briefs and writ applications: These documents represent the first steps in the appeals process. They are written in a style intended to get the attention of the higher courts and they tend to jump into the main argument.
How we can improve our Legal writing skills?
- One should take classes on grammar, structure, and punctuation – Keeping a copy of The Elements of Style by Strunk and White and Merriam Webster for checking spelling and definitions and thesaurus.
- Should Read Core Legal material like courts judgements.
- Should use outlines – The Outlines help us to organize our thoughts.
- Writing should be concise - The University of North Carolina at Chapel Hill posted on his website a great article on how to write concisely.
- The first draft should never use.
- Proofread process should be repeated - The McGraw-Hill’s Proofreading Handbook may help.
- May Ask someone to review your work.
- Only use the active voice.
What is Plagiarism and how it is wrong?
The Bodleian University has a great article about What is wrong with plagiarism and how to organize research. Video’s on how to use plagiarism software may be found on the library website at http://library.jgu.edu.in/content/events
Legal Writing Prof Blog: Part of the Law Professor Blogs Network, this entry is the closest thing there is to a "must-read" on issues of interest to legal writing professionals. Students can also benefit from perusing the posts for links to examples of good and bad legal writing.
Legalwriting.net Blog: The author of this blog, Wayne Schiess, is on the faculty at the University of Texas at Austin's School of Law. His blog posts manage to combine succinct practical tips with a scholar's dedication to the finer points of the subject.
The (New) Legal Writer Blog: In this blog, a New Orleans appellate lawyer shares examples of bad writing and poor word choices that have annoyed him. In the process, he shares some useful tips about legal writing. Also helpful is the "Legal-writing blogroll" list that appears on his main page.
The Trial Practice Tips Weblog (Legal Writing Category): You will get a practitioner's view of legal writing matters from this section of a Missouri trial lawyer's blog. It is not updated very frequently, but it is worth a look, particularly for the links to articles about legal writing, including several that appeared in the Illinois Bar Journal.
ALWD (Association of Legal Writing Directors): ALWD is an organization of legal writing program directors from the United States, Canada, and Australia. Its website includes useful resources related to legal writing education, particularly for those interested in comparing programs from school to school.
Legal Writing Institute (LWI): LWI is a large organization of law professors, so its website resources are aimed at those who teach legal writing. Most, including a syllabus bank and plagiarism and grading resources, are grouped under the "Member Resources" link.
Scribes (The American Society of Legal Writers): Scribes (The American Society of Legal Writers) strive to improve legal writing and thereby "spread the growing scorn for legal writing that is archaic, turgid, obscure and needlessly dull." It offers yearly awards to law review notes/comments, briefs, and books that further its cause. Choose the "Media" tab for links to publications and videos.
Subject Guides of other Libraries:
Pace University Elisabeth Haub School of Law Subject Guide on Legal Writing.
Acknowledgements
The Staff of Global Library gratefully acknowledge contribution of Prof. Sandeep Suresh , Assistant Professor, JGLS for evaluating the draft and making valuable additions to the resource guide.
