Legal Writing Secrets: What Every Law Student Should Know
Law school isn’t just about burying yourself in endless casebooks or memorizing legal jargon. While reading and understanding complex texts is a big part of the journey, a massive chunk of your success comes down to one crucial skill: legal writing.
Whether you’re drafting memos, briefs, or exam answers, clearly and persuasively communicating legal ideas sets top students apart. This article will dive into the essential legal writing secrets every law student should know.
From structuring your arguments to mastering the right tone and style, we’ll break down practical tips that make your writing sharper and more effective. So, if you want to boost your confidence and ace your assignments, keep reading—you’re about to unlock the tools that can genuinely transform your legal writing game!
What is legal writing?
It covers various materials, including pleadings submitted to courts, contracts between parties, and legal opinions provided to clients or colleagues. Unlike ordinary writing, legal writing demands precision, clarity, and strict adherence to established formats and legal standards.
Legal writing ensures that parties' intentions, lawyers' arguments, and courts' decisions are clearly understood. The effectiveness of a legal document can directly impact the outcome of a case, the enforceability of a contract, or the clarity of a legal opinion.
Because of this, legal professionals are expected to be meticulous with their language, structure, and citations, often referencing Supreme Court decisions and statutes to support their positions.
Mastery of legal writing is not just about following templates or using legal jargon; it’s about communicating complex ideas in a way that is accessible and persuasive. For example, a legal opinion that explains the impact of a new Supreme Court ruling on a business transaction can help a client make informed decisions.
Characteristics of Effective Legal Writing
Legal writing isn’t just about putting words on paper—it’s about making your message easily understood and convincing. A well-crafted document can significantly affect how your case or advice is received. For example, a clear and concise Petition for Review can persuade the Supreme Court to consider your client’s case.
The best legal writing is easy to read, straight to the point, and logically organized. Here are the key qualities you should always aim for in your work:
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Clarity
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Use plain language and avoid unnecessary jargon. For example, instead of writing “heretofore,” simply say “from now on.”
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Conciseness
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Don’t beat around the bush—get straight to the point. A concise statement like “The defendant failed to pay on time” is more effective than a long-winded explanation.
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Coherence
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Arrange your thoughts in a logical order. For instance, use numbered lists or bullet points to break down the elements of a crime or contract.
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Structuring Legal Documents
Every legal document in the Philippines—whether a pleading, contract, or legal opinion—follows a basic structure to ensure clarity and effectiveness. Knowing these formats helps you communicate your message more efficiently and professionally.
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Pleadings
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Start with a caption (e.g., “Republic of the Philippines, Regional Trial Court, Quezon City”), then lay out the facts, issues, arguments, and end with a prayer for relief, such as “WHEREFORE, premises considered, it is respectfully prayed that the Complaint be dismissed.”
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Contracts
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Divide your document into sections for parties, recitals, terms, obligations, and signatures. For example, a contract begins with “This Agreement is made by and between…” and ends with signature blocks for all parties.
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Legal Opinions
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Open with the question presented (“Whether the contract is valid under Philippine law”), state the facts, discuss the law, and wrap up with a concise conclusion (“Based on the foregoing, the contract is valid.”).
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Persuasion Techniques in Legal Writing
Persuasive legal writing is about more than just stating the law—it’s about convincing your reader to see things your way. In the Philippines, using the right strategies can help you build a stronger case or argument.
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Use precedents
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Support your arguments with relevant Supreme Court decisions. For example, cite “China Banking Corp. vs. St. Francis Square Realty Corp.” when arguing about the cram-down principle under the Financial Rehabilitation and Insolvency Act.
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Statutory references
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Quote the law directly, but explain its application in your own words. For instance, after citing Article 1156 of the Civil Code, explain how it applies to your client’s situation.
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Balance logic and emotion
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While logic is essential, a touch of human interest can make your writing more relatable and memorable. For example, in a pleading for child custody, emphasize the child's best interests.
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By using clear precedents and emotional logic, your legal writing becomes more persuasive and case-ready.
Editing and Revising for Maximum Impact
Even the best drafts can be improved with careful editing and revision. Reviewing your work ensures that your writing is error-free and compelling.
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Common errors
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Watch out for grammar mistakes, typos, and ambiguous statements. For example, “the party” instead of “the parties” can change the meaning of a contract.
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Common Legal Writing Error |
Improved Version |
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“It is respectfully prayed for that the respondent be compelled to perform his obligation as stated.” |
“We respectfully ask the Court to compel the respondent to fulfill his obligation.” |
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Excessive passive voice |
Use active voice: “The Court granted the motion” instead of “The motion was granted by the Court.” |
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Long-winded explanations |
Be concise: Replace “The reason why the petitioner was not able to comply with the requirement was due to...” with “The petitioner failed to comply because...” |
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Self-review
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Read your draft aloud—if it sounds awkward, it probably needs revision. For instance, a sentence like “It is respectfully prayed for that…” can be simplified to “We respectfully ask that…”
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Peer review
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Ask a colleague to review your document for clarity and accuracy. A fresh set of eyes might catch an overlooked error in your legal opinion.
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AI legal tools:
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Use an AI legal tool to quickly catch errors and suggest improvements, such as flagging inconsistent terms throughout your draft.
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There are plenty of resources available to help you become a better legal writer in the Philippines. These tools and references can save time and help you produce more effective documents.
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Browse Supreme Court decisions for authoritative examples and persuasive arguments. For instance, reading how the Supreme Court structures its choices can guide your writing style.
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Use free legal case digests for quick references and sample pleadings, such as templates for Motions for Reconsideration.
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Streamline your drafting and research process with an AI legal tool that can generate sample clauses or check your citations.
Key Takeaways
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Use clear, concise, and organized language in all legal documents.
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Structure pleadings, contracts, and legal opinions according to Philippine standards.
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Support arguments with relevant Supreme Court decisions and statutory references.
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Edit, review, and use AI legal tools to improve the quality of your writing.
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Access free legal case digests and law school reviewers for practical templates and examples.
Frequently Asked Questions
How do I make my legal writing more persuasive?
Cite relevant Supreme Court decisions, use clear logic, and explain how the law applies to your specific case.
What are common mistakes to avoid in legal writing?
Avoid ambiguity, excessive jargon, and long-winded explanations. Always check for grammar and factual accuracy.
Can AI tools help with legal writing in the Philippines?
Yes, AI legal tools can assist in drafting, proofreading, and legal research, making your writing more precise and accurate.
Why is structure important in legal documents?
A clear structure ensures your arguments are easy to follow, making your document more effective for judges, clients, and colleagues.
Keep Improving Your Legal Writing Journey
Legal writing is a skill that every law student can master with practice and the right resources. Applying the tips shared here, you’ll be better prepared to craft explicit, persuasive opinions and memos that stand out in the Philippine legal field.
Remember, tools like free legal case digests and AI legal research assistants can speed up your work and help you accurately cite important Supreme Court decisions. Keep practicing, stay curious, and embrace the challenge of legal writing—it’s vital to your success as a future lawyer.