In this article by Dr. Frederick D. Graves, JD, he goes over the in’s and out’s of how to write for the court. Not so oddly, it follows KISS methodology. Reminds me that most of the silliness I’ve seen for lawsuits are by “suits” who want to keep their monopoly in the courts and keep the pro se people out of there. But around half of the lawsuits in this country each year are handled by pro se do-it-yourselfers – so read and learn:
What is the goal of legal writing?
Today I want you to think about this question ... really, really hard and long!
What is your goal?
Impress the judge?
Confuse the opponent?
Or, win the case?
Everything we do in life has in one sense or another a particular goal. Some things we do are automatic, like breathing, yet there is always a goal. In business, the goal is to provide a benefit to others. In sports, the goal is to perform to the highest of our athletic ability. In law, the goal is to achieve certain well defined benchmarks!
Here is where most lawyers and nearly all pro se people miss the boat ... they get sidetracked!
Every word, spoken in the courtroom or written on paper filed with the clerk and served on the other side, must aim toward a specific goal.
All words that aren't aimed at the goal must go!
In the 13 years since I started Jurisdictionary, people have sent me hundreds of documents to review. In all but a few I could strike out 90% of the words and improve the punch, power, and persuasive effect of their paperwork!
Most of what I've seen from pro se people (and quite a bit from the dozens of lawyers I had to deal with in my 25 years of practice as a licensed lawyer) read more like the writer was trying to tell a story!
Legal writing is NOT story-telling!
I rebuilt a few car engines in my youth. There's a lesson for you to learn here, so stay with me. I removed bolts and nuts and gaskets and pins. I placed all the removed parts on a sheet of cardboard on the floor of the garage. All was arranged neatly and in order. When the time came to put the engine back together, every part had a place, and that is where I put each part ... in its place!
A place for every part, and every part in its place.
I didn't add any parts!
And, I didn't want to leave any parts out!
That's good legal writing, too!
Every word has a purpose. Any word that does nothing to achieve the goal (which ultimately is winning!) must go.
More years ago than I like to remember, I wrote for the Tampa Times newspaper. The city editor was kind to me, but ruthless with my writing. I learned a lot from him, and to this day I apply what he taught me. "Say what needs to be said and stop!"
What was true for newspaper writing is doubly true for legal writing.
Say what needs to be said and stop!
There is no room for embellishment or poetic verse.
Wit has its place in legal writing, however. Write like a human. Write like the person who will read what you write is also a human. Make the judge laugh (if a bit of laughter will bring you closer to your goal). Be pointed. Focus your sentences. Use italics. Occasionally boldface a word here and there (but do not over-use this!). Call attention to an idea now and then with exclamation marks!
But, keep it simple!
Write like you were "speaking" to an 8th grader.
You aren't Jimmy Buffet. You don't need a "novelist's eye" or a "bartender's ear". You aren't telling a story!
You are assembling the parts of a powerful engine.
That's what good legal writing does!
Each part of an engine has a specific purpose.
Each word in a legal paper has a specific purpose.
In pleadings we aim for four goals:
- Alleging ultimate facts in support of jurisdiction,
- Alleging ultimate facts in support of elements,
- Demanding judgment in our favor, and
- Initial discovery of evidence.
In motions, we aim for two goals.
- Tell the court what order we seek, and
- Tell the court why it should agree with us.
In discovery requests, we aim for two goals.
- Tell what questions we want answered, and
- Tell what documents or things we want to see.
Don't overcomplicate your case with more!
Learn more about the Jurisdictionary course today!
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