Preface
This book seeks to provide a guide to legal writing. It divides the task into two
parts:
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an account of techniques for technical writing in general
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an account of techniques for the specifically legal part of legal
writing
Writing in General
The general technique for technical writing considers three matters concerning
the text:
(1)
Function of a Text. There are three functions –
storing
information,
retrieving information and interpreting information.
(2)
Structure of a Text. Structure is formed at six levels – words, forming
sentences, linking sentences, forming paragraphs, linking paragraphs and
overall structure. To write a clear and structured text it is necessary to
structure the text at each of these six levels.
(3)
Characteristics of a Text. The chief characteristics are location, layout,
headings, length and style.
The text then explains two further things:
(1)
How good writing must focus on the reader.
(2)
The process of writing.
Legal Writing in Particular
The particular requirements of legal writing are covered in two ways. First,
some of the specific requirements for legal writing are blended into this
account of the general technique. The second way focuses on the fact that the
overall structure for legal writing is often determined by various models for
working with law. The rationale is that the method for performing the task
becomes the structure for describing the task. These models are outlined in the
text.
These models consist of the following:
(1)
A model for organising law
(2)
A model for forming law. Forming law involves making and interpreting
law.
(3)
A model for using law. This includes two specific models, a model for
litigation and a model for transactions:
(i)
The model for litigation explains litigation. It can help to explain
how a court defines issues of law, fact and discretion and the methods by
which a court resolves these issues.
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