Legal Writing Handbook
<<Previous Next>>
III. Writing to Non-legal Professionals
A. Writing to the Client
- Avoid using legalese.
- Explain legal terms when necessary.
- Remember your client's real interest.
- Candor is essential. Do not hide unpleasant facts in pile of legalese.
- Communication with the client cannot be avoided. In fact, the Model Rules of Professional Conduct requires that an attorney communicate with the client.
B. Writing to Others
Others can include experts, doctors and witnesses. These people do not understand legalese, either.
The complete disclosure due the client (above) is not necessarily afforded others involved in the lawsuit. This does not mean that you can lie to them, but you do not owe them the fiduciary duty of full disclosure.
Do not burden these people with information that has no bearing on their role in the lawsuit. They simply have no need to know that your opponent failed to respond to discovery, or that your client smokes marijuana -- unless that information has an impact on the person's duties.
Be as brief, but as informative as possible. Address only information which is essential to their ability to fulfill their "job" in the lawsuit.
Attorneys at Law
Attorneys at Law
Humongous National Bank Bldg.
Suite 2500
Capitol and Main Streets
Little Rock, AR 72201
1 (501) 688-7706
Fax: (501) 372-5147
Associates:
Warren Howe
Bill High
Myron Lerner
Helen Highwater
Fred Flintstone
Dr. Zachary S, Computer Expert
Re: Bananaberry v. Robinson
Dear Dr. Smith:
The defendant's attorney will take your deposition at our office on July 30, 2000, at 2:00 p.m. Please arrive at 1:00 p.m. so that Myron Lerner can discuss your deposition testimony with you.
Enclosed is a copy of the code utilized by Mr. Will Robinson in the Y2K program he wrote from Mr. Bananaberry.
Should you have any questions prior to the deposition, please call.
Suzy Que
IV. WRITING FOR USE IN THE OFFICE
Legal writing done solely for in-house use generally can use a more informal register than writing for an outside audience. The goal of in-house writing is usually informative, rather than persuasive writing.
A. Organization of the File
In order to effectively find needed documents, a file must be organized in some meaningful manner. Generally, a file can be broken down into the following parts:
- Pleadings
- Correspondence
- Exhibits
- Medical information
- Notes and memos
- Depositions
- Motions and Briefs
- Legal Research
Use any system as long as it is meaningful to you, helpful in your work, and can be understood and used even by a lawyer.
B. Internal Legal Memoranda
Drafting internal legal memoranda can be used for a variety of purposes, including noting your status on receipt of documents, reporting your conversation with a potential witness, or setting out the law applicable to a particular case.
Regardless of the ultimate purpose, keep in mind that these documents are typically protected under the "attorney work product" rule, and are not subject to discovery. This is the appropriate spot to honestly evaluate the strengths and weaknesses of your case. Without full disclosure of all adverse information, even about your own client, the attorney cannot accurately access the viability of a claim.
To: ML
From:
Subject: Bananaberry v. Robinson
Date: July 25, 2000
I contacted Dr. Zachary Smith, the world-renowned computer expert. He reviewed the code written by Will Robinson.
He intends to testify at the deposition on the 30th that the code was flawless and could not have caused the incident with the mood rings.
Dr. Smith claims that the problem encountered by Bananaberry could only have occurred if Bananaberry failed to place a dust cover over the computer keyboard, and dust got inside the keyboard circuitry.
I then contacted Global Monopoly Computer Company, which manufactured Bananaberry's computer system. A dust cover is included as standard equipment on all its computers. Also, a large red label is attached to each computer. The label warns the customer that using the dust cover is essential, and that the warranty on the computer will be voided if the customer fails to do so.
Finally, I contacted Bananaberry. He acted flustered when I quizzed him about receiving the dust cover with the computer, and when I asked him whether he remembers whether a warning label was attached to his computer. I didn't believe his answers to me. We need to follow-up on this development.
<<Previous Next>>