Effective Legal Writing and Oral Presentations

• Author: Tina Kamakaris/Jane Kamakaris/Louis Kamakaris
• Pages: 41-54

41

Chapter 4 Effective Legal Writing and Oral Presentations

CHAPTER 4

is chapter covers the basic principles and mechanics of eective legal writing and oral pres-

entations with exclusive examples by Manitoba’s Justice John A. Scollin and Ontario’s Justice

omas G. Zuber.

BASIC PRINCIPLES OF LEGAL WRITING

At some point in your legal career, you will nd yourself writing legal correspondence, drafting

legal documents, and presenting a case in court. Following are the basic principles of writing

which, when applied correctly, will enable you to write competently.

1. Use correct grammar and avoid misplaced modiers Adjectives, adverbs, or modifying

phrases must accompany, or go as close as possible to, the thing they are modifying. If they do

not, a misplaced modier occurs. Here are two examples:

Sitting in the cage, he saw the monkey scratch his head. (He appears to be in the cage.)

Compare: Sitting in the cage, the monkey scratched his head.

She borrowed an egg from a neighbour that was rotten. (Neighbour appears to be rotten.)

Compare: She borrowed a rotten egg from a neighbour.

2. If one will do, do not use two--words Get to the point. Your message should have no

unnecessary words for the same reason that “a drawing should have no unnecessary lines and

a machine no unnecessary parts.” (e Elements of Style, William Strunk, Jr. & E. B. White).

In regard to your letter, please be advised that the rst case herein was settled in the

amount of $2,000, and the second piece of litigation was disposed of out-of-court in

the sum of $3,000, while the amount of the accord reached amicably in the third suit

herein was $5,000.

Compare: We settled the rst case for $2,000; the second, for $3,000; the third, for $5,000.

3. Use the active voice as opposed to the passive voice e active voice makes the subject do

the action and tells directly who did it; the passive voice torments the fact.

Active voice: John sent the letter.

Passive voice: e letter was sent by John; or the letter was sent.

EFFECTIVE LEGAL

WRITING AND

ORAL PRESENTATIONS

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