Forms of Legal Writing

There are, of course, many types of legal writing. These examples of legal writing differ in their specific functions. While this chapter will concentrate on the preparation of a legal memorandum, it is helpful to distinguish to point out differences different functions of legal documents.

Correspondence

Letters and email between attorneys or paralegals and clients comprise the bulk of correspondence. There may also be correspondence with witnesses, businesses or agencies, or even potential adversaries.

Pleadings legal documents filed with the court asking it to take some sort of action. In most cases, the party filing the document must send a copy to the other party or parties to give them ample opportunity to respond. The major pleadings are the complaint, answer, affirmative defense, counterclaim, cross-claim and the reply.

These documents are generally fact based, not law the rules, standards, and enforceable expectations of society based. (In order An official command by the court, usually demanding that one or both of the parties perform an act. to succeed, the law the rules, standards, and enforceable expectations of society must eventually be proven to apply to the client’s situation.) The writer prepares documents that lay non-professional out specific facts which support his or her position in litigation a law suit or criminal proceedings. It is in motions and at trial that the law the rules, standards, and enforceable expectations of society is applied to the facts set forth in the pleadings legal documents filed with the court asking it to take some sort of action. In most cases, the party filing the document must send a copy to the other party or parties to give them ample opportunity to respond. The major pleadings are the complaint, answer, affirmative defense, counterclaim, cross-claim and the reply..

Discovery the devices whereby one party obtains relevant case information from the other party. Used to even the playing field between parties by exposing all relevant facts upon which the court will ultimately base its decision. Discovery is generally between the parties and does not directly involve the court, although the certificate of mailing for each document is often filed. Methods of discovery include interrogatories, requests for admissions, requests for production of documents, requests for mental or physical examination and depositions.

These documents are also fact based, not law the rules, standards, and enforceable expectations of society based. The primary purpose of discovery the devices whereby one party obtains relevant case information from the other party. Used to even the playing field between parties by exposing all relevant facts upon which the court will ultimately base its decision. Discovery is generally between the parties and does not directly involve the court, although the certificate of mailing for each document is often filed. Methods of discovery include interrogatories, requests for admissions, requests for production of documents, requests for mental or physical examination and depositions. is to expose facts relevant a fact that tends to make the existence of another allegation more or less probable to litigation a law suit, such as what really happened, or what witnesses the opposition intends to call during trial. There may be requests, however, for the law the rules, standards, and enforceable expectations of society the opposing party intends to argue at trial.

Motions

Motions are procedural in nature. They seek to have the court The tribunal or forum where the trial occurs, as well as the judge himself. The judge is the trier of law at the trial. address a procedural issue a question of law about a matter that will ultimately be decided by the court in the matter before the court The tribunal or forum where the trial occurs, as well as the judge himself. The judge is the trier of law at the trial., such as a request to grant summary judgment.

Briefs and Memoranda

These documents argue legal issues and are, therefore, law the rules, standards, and enforceable expectations of society based documents. Internal memoranda (such as interoffice memos) are objective, looking at both sides of the legal question with an open mind. External memoranda (such as trial briefs) attempt to persuade the reader and, therefore, only argue law the rules, standards, and enforceable expectations of society that is favorable to the client.