Legal writing is a type of technical writing skill used by lawyers, judges, legislators, and others in the law

profession. They use this technique to express legal analysis, legal rights, and duties. It is used by an
advocate when expressing the resolution of a client’s legal matter.

TYPES OF LEGAL WRITING

Legal Writing to Inform

EXAMPLES:
• Transmittal Letter- Communicates Basic Information
• Client Letter- Written to Client
• Letter to Third Party
• Opinion Letter- Letter by Attorney regarding Legality of the transaction
• Office Memo- Letter sent and created for Real Estate Closing or Loan Closing

LEGAL DOCUMENTS DESIGNED TO PERSUADE

EXAMPLES:

PLEADINGS
• Formal statements in a lawsuit that set forth the parties claims and defenses

MEMORANDUM OF LAW
• Written by the Attorney
• Contains argument substantiated by relevant case law authority

APPELLATE BRIEF
• Formal statement submitted to Appellate Court
• Used to persuade court of correctness of client’s opinion
• Argues facts of the case and applicable law and is supported by relevant case law authority

LEGAL DOCUMENTS DESIGNED

TO RECORD INFORMATION
EXAMPLES:

DEED
• Document used to convey or transfer Real
Property or an interest in Real Property from one person to another person

CONTRACT
• An agreement entered into by the parties who agree to do or refrain from doing a particular thing
• Supported by Consideration

WILL
• Instrument by which a person makes a disposition of his or her property to take effect after his or her
death.

CASE BRIEF
• An outline or summary of a published Court Opinion.
Categories of legal writing[edit]
Legal writing is of two, broad categories: (i) legal analysis and (ii) legal drafting. Legal analysis is
two-fold: (1) predictive analysis, and (2) persuasive analysis. In the United States, in most law
schools students must learn legal writing; the courses focus on: (1) predictive analysis, i.e., an
outcome-predicting memorandum (positive or negative) of a given action for the attorney's client;
and (2) persuasive analysis, e.g., motions and briefs. Although not as widely taught in law schools,
legal drafting courses exist; other types of legal writing concentrate upon writing appeals or on
interdisciplinary aspects of persuasion.

Predictive legal analysis[edit]

The legal memorandum is the most common type of predictive legal analysis; it may include the
client letter or legal opinion. The legal memorandum predicts the outcome of a legal question by
analyzing the authorities governing the question and the relevant facts that gave rise to the legal
question. It explains and applies the authorities in predicting an outcome, and ends with advice and
recommendations. The legal memorandum also serves as record of the research done for a given
legal question. Traditionally, and to meet the legal reader's expectations, it is formally organized and
written.

Persuasive legal analysis[edit]

The persuasive document, a motion or a brief, attempts to persuade a deciding authority to favorably
decide the dispute for the author's client. Motions and briefs are usually submitted to judges, but also
to mediators, arbitrators, and others. In addition a persuasive letter may attempt to persuade the
dispute's opposing party.
Persuasive writing is the most rhetorically stylized. So although a brief states the legal issues,
describes authorities, and applies authorities to the question—as does a memorandum—the brief's
application portion is framed as an argument. The author argues for one approach to resolving the
legal matter and does not present a neutral analysis.

Legal drafting[edit]
Legal drafting creates binding legal text. It includes enacted law like statutes, rule and regulations;
contracts (private and public); personal legal documents like wills and trusts; and public legal
documents like notices and instructions. Legal drafting requires no legal authority citation and
generally is written without a stylised voice.