writing since these are assumed. Instead it deals with the specifically legal
aspects of these skills.
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Writing Law
I think writing, any creative process, is a constant negotiation between craft
and instinct.
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Introduction
Discussion of writing has two components. First, there is a preliminary task
concerning readers. Then there is the central task of writing the text itself.
Readers
There is a preliminary task with readers to which a writer must attend before
writing the text. They must identify the likely readers so that the text can be
addressed to their level of understanding,
Readers of a text fall into two classes, delvers and porers, although the one
reader may engage in both activities. Delvers are readers who look at a text to
extract a specific piece of information by using finding aids such as tables and
an index. Porers literally pore over a text and need a text to be well written.
Delvers
When writing a text it is easy enough to take care of delvers by the following
means. (i) Where information is better presented in a diagram, table or chart
then do so. (ii) Insert in the text the appropriate finding aids such as a table of
cases, a table of legislation, a table of proper names, a table of any prominent
inclusions in the text (for example photographs), a table of contents, a
bibliography and an index.
Porers
A writer must perform three tasks in relation to their prospective readers. They
need to identify the class of readers, they need to address the class and they
should consider whether they can extend the class of readers.
Identifying the Class
A writer must identify the class or classes of people who will read their text.
Since the text is written to communicate information to them it is necessary to
be aware
of their present knowledge and understanding (that is, the state of
their current information) and the need they have for additional information.
Essentially the writer’s task is to take this class of readers and advance their
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There is a text by the author that deals with both the general skill of writing
and provides a more detailed account of legal writing – Christopher Enright Legal
Writing.
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Nick Enright The Sydney Morning Herald 16 October 1996
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