legal writing

Unit code : 1211

Lec: Martin Nyakundi Obarimbo
Topic selection : effective of legal writing
A sentence is effective if it communicates to the reader without ambiguity and without looking
for any other explanation or clarification

. The sentence must pass information without the reader looking for another source for
clarification. Components of a sentence A sentence normally has three components: a subject, a
verb and a predicate

. As a cardinal rule, a sentence must have a subject and a predicate.

A verb can express something that is in existence or something that is being in place instead of it
being necessarily an action

. A subject is a noun, or a pronoun paired with a verb. A noun can be a word or a group of words.
The subject in any sentence identifies the theme, the quality or the person that is the theme or the
topic of a given sentence. For instance

 Using active voice and simple language whenever possible

 Avoiding unnecessary words, phrases, and legalese
 Structuring and organizing the writing according to the purpose and audience
 Proofreading and editing for clarity, grammar, and style.

1. Be Concise:
o While some arguments may span many pages, strive to express them succinctly.
Shortening your page count not only enhances cla rity but also prepares you for
meeting page limits.
o Start by identifying your main point and express it in a straightforward manner.
For instance:
 Not concise: “The argument made by opposing counsel is one that fails to
succeed for reasons including, inter alia, the fact that the legislature clearly
did not evince an intent to restrict the business activities of the defendant.”
 More concise: “Opposing counsel’s argument fails for several reasons,
including the fact that the legislature did not intend to limit the defendant’s
business activities.”
2. Use Active Voice:
o Active voice clearly identifies the action and the actor. Follow the default
sentence structure: subject + verb + object.
 Passive voice: “The penalty was called by the referee.”
 Active voice: “The referee called the penalty.”
o Exceptions for passive voice include cases where you want to:
 Diffuse or prevent escalating conflict.
 Emphasize the object rather than the subject.
 Discuss a general truth.
3. Simplify Legalese Where Possible:
 o Avoid unnecessary complex words or phrases. Substitute Latin terms unless they
are essential.
o If you can convey the same idea using simpler language, opt for clarity.
Remember, plain English is your goal.
4. Topic Sentences and Transitions:
o Proper topic sentences and transitions enhance readability.
o Topic sentences allow readers to instantly grasp a paragraph’s focus.
5. Bridge Your Paragraphs:
o Use bridging words or phrases to link paragraphs. These transitions explicitly
connect to what was said in the preceding paragraph.

Remember, legal writing should prioritize clarity and plain English. By following these
guidelines, you’ll create compelling and accessible legal documents.

Legal writing is the practice of communicating legal information and arguments in written form.
Effective legal writing is clear, concise, accurate, and organized. It helps lawyers to persuade
judges, juries, and other legal professionals, as well as to inform clients and the public.

Some tips for effective legal writing are12:

 Know your audience and purpose. Different types of legal writing, such as contracts,
statutes, opinions, memos, briefs, etc., have different goals and expectations. You should
tailor your writing to suit the needs and expectations of your intended readers.
 Use plain English and avoid unnecessary jargon or legalese. Unless you are using a term
of art or a Latin phrase that is essential to your argument, you should use simple and
common words that most people can understand. For example, instead of saying “inter
alia”, you can say “among other things”.
 Use active voice and strong verbs. Active voice makes your writing more direct and
engaging, while strong verbs convey action and responsibility. For example, instead of
saying “The penalty was called by the referee”, you can say “The referee called the
penalty”.
 Be concise and omit unnecessary words or phrases. Every word in your writing should
serve a purpose and add value to your message. You should avoid redundancy,
wordiness, and filler words that do not contribute to your meaning. For example, instead
of saying “The argument made by opposing counsel is one that fails to succeed for
reasons including, inter alia, the fact that the legislature clearly did not evince an intent
to restrict the business activities of the defendant”, you can say “Opposing counsel’s
argument fails because the legislature did not intend to limit the defendant’s business
activities”.
 Be accurate and cite your sources. You should always check the accuracy of your facts,
law, and analysis, and provide proper citations to support your claims. You should follow
the citation style and format that is appropriate for your type of legal writing and
jurisdiction. You should also avoid plagiarism and acknowledge the sources of your ideas
and words.
 Be organized and use headings, paragraphs, and transitions. You should structure your
writing in a logical and coherent way, using headings, paragraphs, and transitions to
guide your readers through your argument. You should start with an introduction that
provides an overview of your main point and roadmap of your writing. You should then
develop your argument in the body of your writing, using paragraphs that have clear
topic sentences, supporting evidence, and analysis. You should end with a conclusion
that summarizes your main point and implications. You should also use transitions to
connect your sentences and paragraphs and show the relationships between your ideas.
EFFECTIVE USE OF PHARAGRAPHS

EFFECTIVE PARAGRAPHS
A paragraph is a series of sentences that are organized and coherent and are all related to a
single topic. A paragraph must support a single idea.

A paragraph points out to the main point in a subdivision of a writing

. Paragraphs may contain different kind of information, for instance it may give a series of
examples, it may give an illustration of a general point, it might describe a place or a character or
a process, it may narrate a series of events, it may compare or contrast two or more things, it may
also classify items into categories, it may describe courses and events.

Every paragraph must have a topic sentence. A well-organized paragraph always develops a
single controlling idea, which is known as a topic sentence.

A topic sentence has several functions: A topic sentence substantiates or supports the thesis
statement. It unifies the content of a paragraph and directs the order of the sentences. It advices
the reader on the subject to be discussed and how the paragraph will discuss that subject. Most
topic sentences are placed at the beginning of the paragraph.

Occasionally it may follow the sentence paragraph. If this is the case, the paragraph will have
started with transitional sentences. Function of a paragraph

1. Helps writers organize writing.

2. Helps readers see and understand the organization of the writing.

3. Helps writers stay in control of their writing.

4.They are like boxes in which to sort out information.

5.They make writing a manageable task

6. . 6. Helps readers absorb information in manageable bits.

7. 7. Allows readers see significant groupings of ideas.
8. 8. It is more than a matter of logic and organization.

It is also a matter of reader comfort and aesthetics. Long paragraphs lose the reader.
Very short paragraphs make writing and the thinking behind it inconsequential.

Paragraphs must be of the right size so that reader follows what writer is saying. As a
significant grouping of sentences, it is a mini-composition on its own with a beginning,
middle and end. Types of paragraphs There are two types of paragraphs:
 1. A paragraph that narrates a series of events

2. Paragraphs that give examples. Paragraph structure and pattern In terms of structure, a
paragraph has three parts and each part of the paragraph has a role to play

: i. Introduction which captures the topic sentence.

ii. Body. It discusses the main idea using facts, arguments, analysis, examples and other
information

. iii. And conclusion is the final part of a paragraph. It summarizes the connections
between the information discussed in the body of the paragraph and the paragraph‟s
controlling idea.

The conclusion of the paragraph must lead to the final conclusion of the final idea. A
paragraph must be coherent

. Each sentence should relate clearly to the topic sentence or controlling idea. Each
sentence must flow smoothly.

Sentences should be short. Sentences must connect new information to the old
information. If you reach a part in your paragraph and the new sentence doesn‟t flow
with the paragraph, start a new paragraph

. Repeat key words or phrases. In paragraphs where you have identified ideas or theory,
always be consistent by using the same words or the same phrases which describe the
theory or idea

. Create parallel structures in paragraphs. Be consistent in point of view, verb tense and
numbering.

Paragraph patterns Every paragraph needs a focus – there must be a point being made.
Every paragraph also needs a shape – a way of moving the sentences to make a shape.
There are two paragraph patterns – the hour glass paragraph and the V-shape paragraph.
A. The hour glass-paragraph It begins with a general statement about the topic. This may
take one or more sentences. The paragraph then narrows to the specific support for that
general statement (explanation). Paragraph concludes with a more general sentence or
two about the topic. B. The V-shaped paragraph This is the most common type in le

Certainly! Effective use of paragraphs is crucial in legal writing. Let’s delve into some
strategies for crafting impactful paragraphs:

1. Power-Packed Paragraphs:
o In legal writing, power-packed paragraphs are essential. These
paragraphs convey information clearly and persuasively.
 o CRAC (Conclusion, Rule, Analysis, and Conclusion) is an alternative to
the commonly taught IRAC (Issue, Rule, Analysis, and Conclusion)
structure.
o IRAC:
 Issue: Pose a question that combines law and facts.
 Rule: State the legal principle, moving from broader to specific
elements.
 Analysis: Marry facts to the law.
 Conclusion: Briefly summarize.
o CRAC:
 Conclusion: Start with a concise conclusion.
 Rule: State the legal principle.
 Analysis: Present facts and connect them to the law.
 Conclusion: Conclude the paragraph.
o Example (using CRAC):
 Conclusion: “Defendant Jack King formed the intent to kill his
wife.”
 Rule: “For murder, malice aforethought is required.”
 Analysis: “Jack King aimed a gun at his wife and fired it point-
blank.”
 Conclusion: (Optional if the paragraph is short)

2. Opening Paragraphs Matter:

o The first paragraph of every brief is crucial. It must:
 Convince the judge.
 Explain the issue.

3. Topic Sentences:
o Begin each paragraph with a clear topic sentence.
o Ensure that the rest of the paragraph relates directly to the topic.
o Omit unrelated sentences or move them to new paragraphs.
o

4. Conciseness:
o Legal writing should be concise.
NAME REGISTRATION NO. SIGNATURE
Acknowledgement
First and foremost, praises and thanks to the God, the Almighty, for His
showers of blessings throughout our group work to complete the work
successfully.

I would like to express my deep and sincere gratitude to our course instructor
mrs \Martin Nyakundi Obarimbo for giving us the opportunity to do the group
work and providing invaluable guidance throughout this group work and the
course. His dynamism, vision, sincerity and motivation have deeply inspired us.
He has taught us the methodology to carry out the group work and to present the
group works as clearly as possible. It has been a great privilege and honor to
study under his guidance. We are extremely grateful for what he has offered us.
We would also like to thank him for his friendship, empathy, and great sense of
humor. We are extending our heartfelt thanks to his wife, family for their
acceptance and patience during the course time we always have with him.

We are extremely grateful to our parents for their love, prayers, caring and
sacrifices for educating and preparing us for our future. We are very much
thankful our siblings for understanding, prayers and continuing support to
complete this course. Also we express our thanks to every class mate and
friends for their support and valuable prayers. Our Special thanks goes to every
group member for the keen interest shown to complete this group work
successfully.

We are extending our thanks to the Mount Kenya University Faculty of law
Parklands campus for their support during the time we are here. We also thank
all the staff in the library section of the University for their kindness.

We thank the management of the Mount Kenya University for their

support.

Finally, our thanks goes to all the people who have supported us to
8complete the group work directly or indirectly.