I.

Types of Legal Writing

1. Informative writing delivers facts and data on subjects relating to the law or
an individuals legal right. Informative texts are descriptive, precise and to the
point created to teach people whose key objective is to calculate the laws path
with a given set of facts regardless of who is involved. Memorandums, Letters
to clients and statement of facts in briefs are a few examples of Informative
writing.
2. Persuasive writing presents an argument to convince the reader to accept a
particular side. To support his perspective, he is expected to use available legal
tools, such as pieces of evidence in court, statutes, Supreme Court decisions,
and opinions of legal authorities. Academic legal writing, motions, pleadings,
and argument sections of the brief are examples wherein persuasive writing is
used.
3. Functional writing is intended for the exact use or result in law. These types
of writing may not be analytical or persuasive in nature but it must be
complete and accurate enough to be comprehensible. Such texts are usually
found in deeds, wills, contracts or drafts of laws which has some formality or
legal requirement that needs to be met.
II. Categories of Legal Writing
1. Legal Analysis
A. Predictive Analysis Deals with legal questions in three ways:
a. Analysis The facts and law are analysed and studied closely. The
facts are then applied to the law. They are interpreted according to
the meaning of the law.
b. Prediction The outcome of the legal question is predicted.
c. Recommendation Based on facts and law, the writer gives his
advice regarding the best line of action given the circumstances.
B. Persuasive Analysis attempts to convince a deciding authority to
decide the case in favour of the writers client.
2. Legal Drafting uses a functional type of legal writing which the writer creates
a legally binding document, or uses existing templates found in Legal Forms
handbooks. Contracts, deeds, wills and testaments for private persons are
some of the examples of Legal Drafting.
3. Definition of Terms
1. Memorandum Are papers to take note of. These clarifies and reviews
specific points in law or other details
2. Pleading The specific papers wherein allegations of parties to a lawsuit are
formally presented. The presentation of the complaint of a plaintiff, the answer
of a defendant, and other legally authorized responses.
3. Motion It is a written or oral application made to a court or judge to obtain a
ruling or order directing that some act be done in favour of the applicant.
4. Brief A written document drawn up by an attorney for a party in a lawsuit or
by appearing for himself. This concisely states the issues of a lawsuit, the facts
that bring the parties to court, relevant laws that can affect the subject of the
dispute, and arguments explaining the application of law to the particular facts
so that the case will be decided in the partys favour.
5. Appellate Brief A written document that must be filed with an appellate
court so that the court may evaluate whether the decision of the lower court
 should be reversed because of some error or impropriety that occurred during
the trial.

Source:
Tabucanon, G. M. (2010). Legal writing: A competency-based approach. Manila,
Philippines: Rex Book Store.