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ATP 103 Effective Writing 2

LEGAL WRITING AND DRAFTING

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20 views42 pages

ATP 103 Effective Writing 2

LEGAL WRITING AND DRAFTING

Uploaded by

charitybusiness19
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Mugambi Laibuta

Effective Writing 2
Effective Paragraphs
 Helps writers organise writing.
 Helps readers see and understand the organisation of the writing.
 Helps writers stay in control of their writing.
 Helps readers absorb information in manageable bits.
 A matter of logic and organisation.
 It is also a matter of reader comfort and aesthetics.
Paragraph Patterns
 Paragraphs have a beginning, middle and end.

 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
Paragraph Patterns
Hour glass paragraph
 Begins with a general statement about the topic. This may take one or
more sentences.

 Paragraph then narrows to the specific support for that general


statement.

 Paragraph concludes with a more general sentence or two about the


topic
Paragraph Patterns
Hour glass paragraph
Paragraph Patterns
The V-shaped paragraph
 This is the most common type in legal writing.

 Begins with a general discussion of the topic then it narrows to specific


support.
Paragraph Patterns
V-Shaped Paragraph
Paragraphs
 A paragraph must have its own topic – it must make a point.
 All elements of the paragraph must work together to make that point.
 When that happens – paragraph unity.
 Topic introduced at beginning of paragraph by topic sentence.
 It is then developed by supporting sentences
 The concluding sentence follows.
Paragraph Coherence
 Coherent paragraph – its elements must be connected in such a way
that reader easily follows the ideas developed.

 Paragraph coherence can be achieved thro:


 Using familiar organisational patterns.
 Establishing and using key terms.
 Using sentence structure and coherence devices
Organisational Patterns
 All readers expect certain patterns:
 Cause/effect.
 Problem/solution.
 Chronological order.
 Once a rule has been laid out, readers expect it to be applied.
 They expect a court’s holding to be followed by its rationale.
 In legal opinions, the IRAC pattern is expected.
 Use of key words
 Logical connections between key words to make your point are crucial.
Sentence structure and coherence
devices
 Coherence can be created through sentence structure and a number of
coherence devices. The major devices are:

 Dovetails – beginning a sentence with reference to the preceding sentence.

 Parallelisms – Used to show which ideas should be considered together and


which should be compared or contrasted
Topic and Concluding Sentences
 Many paragraphs have a topic and concluding sentence
 Some have one of the two
 Some have none

 Paragraph blocks
 A connector is a word that is used to join together words, phrases,
clauses or sentences. Connectors are derived from:
 Conjunctions: and, but, although, if, or, because, since, therefore
Examples:
 The project was a failure since the planning was faulty.
 You will be forgiven if you promise not to repeat it.

 Relative pronouns: who, whom, whose, which, that, what


Examples:
 That is what I meant.
 She is the girl who lost both her parents.
 Relative adverbs: where, when, how, why
Examples:
This is the reason why she was late.
That is where the event took place.

 Prepositions: besides, for, after, before, since


Examples:
Besides Jack, Jill too is invited.
She has been upset since the accident.
The connectors express the following
ideas:
 Place — I know the place where he was born.

 Time —
 Look both ways before you cross the road.
 She feeds the cow as soon as she gets up.
 Dad was smiling as he came in.
 I always brush my teeth after my meals.
 Wait here until I get back.
 Tim listens to music while he does his Mathematics.
 You have grown since I last saw you.
 Addition —
 It is cold and windy today.
 She is not only pretty but also intelligent.
 Ram as well as Sham is lazy.
 Both Nita and Rita are twin sisters.
 Besides her money, she lost her passport too.
 Contrast —
 I felt humiliated, but just walked away.
 She looked carefully, yet she slipped.
 Although she is ninety, she is active.

 Purpose —
 She worked hard so that she might emerge victorious.
 He is going abroad, therefore he is at the embassy.
 Comparison —
 She is shorter than I am.
 He is as tall as a giant.

 Cause and Result —


 She lady is smiling because of the joke.
 He went there since he had no option.
 Alternative —
 Either Jack or Jill will go up the hill.
 Neither Jane nor Jenny is fit for the job.

 Concession or Contrast —
 Mary kept on walking although she felt very tired.
 You are doing quite well, though I think you could try harder.

 Condition —
 If it rains the match will be cancelled.
 You will not pass your exams unless you work hard.
Phrases with no meaning
 "I would like to point out that Chester v. Morris was
overruled“
 "Chester v. Morris was overruled“
 "It has been determined that he was wearing his
helmet.“
 "He was wearing his helmet.“
 "Despite the fact that the defendant was drunk, he
operated his bicycle carefully.“
 "Despite the defendant's drunkenness, he operated his
bicycle carefully."
Double Negatives
 "not uncommon"
 Common
 "failed to show inability"
 Showed ability
 "not inappropriate“
 Appropriate
 "not uncomplicated“
 Complicated
Words used to avoid taking a position
 alleged
 maybe
 quite possibly
 at best/at least
 might be
 seems to
 appears to
 perhaps
 so-called
 implicates
 probably
 tends to
Useless Adverbs
 Chester v. Morris clearly held that bicyclists must adhere to the rules of
the road.
 Chester v. Morris held that bicyclists must adhere to the rules of the road.
 The fact that he was drunk is extremely important
 The fact that he was drunk is important
Useless Adverbs
 The holding is very narrow.
 The holding is narrow
 He was undoubtedly drunk.
 He was drunk
 It is manifestly obvious that drunken bicyclists are dangerous.
 It is obvious that drunken bicyclists are dangerous.
Redundancy
 "Cease and desist"
 Stop
 "Give, devise and bequeath“
 Give
 "Null and void "
 Void
Nominalisation
 "reached a conclusion“
 Concluded
 "involved in a collision“
 Collided
 "take action“
 Act
Exercises
Ambiguity
 The policeman arrested a man in a green car with brown hair
 You will be lucky to get Bob to work for you
 I recommend Mary with no qualifications for the job.
 Waste no time hiring Patrick
Active Verbs
 It is important because passive verbs often make sentences longwinded,
ambiguous, impersonal and boring.
 Active verbs make your writing simpler, less formal, clearer and more
precise.
 When we use active verbs the agent (subject) comes before the verb and
the object after the verb
Active Verbs
 Active Verb – John is playing the guitar

 Passive verb – The guitar was being played by John


Active Verbs
 It was agreed by the committee
 At the last meeting a report was made by the Secretary…
 This form should be signed and returned to me.
 The warning signs should have been put out by the cleaner.
 The assessment should have been written by you in ink.
Active Verbs
 The tests should have been finished by the engineers yesterday
 The fire alarm was set off today by the Health and Safety officer.
 The computer was not shut down correctly by the student
 The proxies solicited hereby for the Heartland Meeting may be
revoked, subject to the procedures described herein, at any time up to
and including the date of the Heartland Meeting.
Passive Verbs
 Use a passive verb to make a sentence less hostile.
 “This bill hasn’t been paid”, rather than:
 “You have not paid this bill”.
 Use a passive verb when you don’t know who the doer is.
 “The computer was stolen last night.”
 (We don’t know who stole it.)
Passive Verbs
 Use a passive verb if it sounds better than using an active verb.
 We normally write: “I was born in 1962”,
 rather than: “My mother bore me in 1962”
Plain English Drafting
No person has been authorized to give any information or make any
representation other than those contained or incorporated by reference
in this joint proxy statement/prospectus, and, if given or made, such
information or representation must not be relied upon as having been
authorized
Superfluous words
 The following summary is intended only to highlight certain
information contained elsewhere in this Prospectus

 Holders of the Class A and Class B-1 certificates will be entitled to


receive on each Payment Date, to the extent monies are available
therefore (but not more than the Class A Certificate Balance or Class B-1
Certificate Balance then outstanding), a distribution.
 At this point in time immediately subsequent to the termination of the
aforesaid altercation on the above described premises, the defendant-
appellant removed himself from the aforementioned locus and repaired
to a situs on the premises immediately adjacent thereto.

 It behooves us to note that, prior to such accident, said plaintiff was


domiciled with his wife.
Punctuations
 Woman: without her, man is nothing
 Woman, without her man is nothing
Punctuations
 Williams believes that “might makes right”.
 Smith said, “I am not going”, and stayed seated
 This office cannot accept your complaint, we have brought it before the
appropriate Ministry.
 This office cannot accept your complaint, however we have brought it
before the appropriate Ministry.

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