Legal writing types

1. Balanced analysis of a legal problem or issue

2. Persuasive legal writing – motion, position papers, memorandums, appellate
briefs and negotiation letters written on a client’s behalf.
Q What is the most basic quality of good legal writing?
Clarity. Be clear in what you say. It is only when writing is clear that the reader
can accurately understand the writer’s message and use that information to help
professional decision-making. E.g. why the court should quash the information.
The court will use your argument to decide whether to quash or not.
Bryan garner: a lawyer should keep in mind that the purpose of communication is
not to impress but to communicated. This can’t be done if the reader or listener
does not understand the words used.
Example: lawyer submits a memorandum to the court. The lawyer wanted to put
into question the integrity of the testimony of the prosecution. He said, the witness
was discombobulated when… he could have said confused instead of that word.
Q what makes writing clear?
The most common advice in the literature is to use ordinary words and simple
sentence structures.
Richard Wydick, states in his classic book PLAIN ENGLISH FOR LAWYERS,
that “good legal writing is plain English”.
Q is it better to plead in plain English than in legalese?
Yes/. In legal writing, plain English is good, legalese is bad.
Q what is legalese?
Cambrige dictionary: language used by lawyers in legal documents that is difficult
for ordinary people to understand.
Q why is legalese bad?
Why should we care if we are writing in legalese after all we are lawyers.
Legalese is bad because it is hard to read. Average reader cannot make sense of
what we have written. See later examples.
The results is that your hard work might not achieves its intended purpose if your
recipient won’t believe or follow your reasoning.
If your reader keeps having to google certain words, they would be distracted,
frustrated and confused.
e.g., Gov used mainstream instead of integrate.
Your client will feel stupid because he cannot understand what you have written.
That is unlikely to do you any favor.
EX.
Dear atty. X:
This firm and, in particular, the writer, has recently received instruction to act on
behalf of Ms. Maria Gomez in relation to the matters set out in your letter to her
dated May 4, 2022.
During our initial conference with her, Ms. Gomez has provided us a copy of your
letter which she received on ……

Example 2
Party o first part,, convey …
SIMPLE: abe castro agrees to convey to Ana Castro the whole matrimonial estate.
3.
IN WITNESS WHEREOF, the parties have hereunto affiex their signatures this 5th
day of October 2022, in Baguio City. USELESS EXPRESSION, does not bring
any value, or convey important
SIMPLE: The parties agree to enter to this contract this 5th day of October 2022.
OR
SIGNED this 5th day of October 2022. Kasi nakalagay na names below.

Q Why should we plead in plain English?

AT LEAST 3 reasons:
 1. When we plead in legalese, we erect a language barrier between ourselves
and those whom we serve.
More often than not kasi client what is that if you used legalese.

By pleading in plain English, we help break down that barrier.

2. Most judges actually prefer plain English to legalese, and most judges think
that lawyers who use legalese are less smart.

3. Section 1, Rule 8 of Rules of Court, every pleading shall contain in a

methodical and logical form, a PLAIN, CONCISE AND DIRECT
STATEMENT, of the ultimate facts on which the party pleading relies for
his claim or defense.

When we plead, we should know the basic rules of legal writin in plain English:
avoid redundancy and wordiness (VOID instead of NULL AND VOID, neither
void ab initio kasi obvious if void, then void in the beginning; neither null and void
and has no effect or whatsoever);
prefer the active voice
use plain language instead of archaic lawyerisms (just say ASSUMING for the
sake of argument rather than the latin word).

EXERCISE:
iNTRO, caption title.
Introduction of any pleading need only identify THREE THINGS: a) identify
nature of the pleading (motion to quash, etc.); b) the party who is filing it
(defendant, plaintiff etc.; c) for an answer th e pleading that it is in response to
(answer to pleading… etc. )
USUAL introductory verbiage:
Comes now the defendant, through the undersigned counsel, (this intro
accomplishes none of the above 3.
SIMPLE (simpler, more direct style)
DEFENDANT MENDOZA ANSWERS the PLAINTIFF’s complaint as
follows.

DENIALS and ADMISSIONS

Experience: Too many answers contain several pages with one sentence repeated
over and over.
Paulit ulit na allegations in paragraph a… b and so on are denied.
Rule 8 follow ulit
WE CAN DENY HUNDRES OF PARAGRAPHS OF A LENGTY AND
complicated complaint with one sentence:
“Mendoza denies all allegations of the complaint except as otherwise admitted
below.
If you do not want a shotgun denial, and you want to specify the paragraphs you
are denying, there is no reason not to do so, same as admission.
“ 1. Mendoza denis paragraphs 1, 3, 5, 7 and 11 of the complaint”.
2. Mendoza admits paragraphs 2, 4 and 6 of the complaint.
NOTICE ^ active voice.
Vs. Passive voice: allegations in paragraphs 2 3 4 are denied.
Active voice: removed redundancy kasi of cours paragraphs already contain
allegations.
FINALLY, We referred to Mendoza by name rather than the legal label
defendants. Most courts prefer this.

ADMITTING IN PART AND DENYING IN PART

If a paragraph of a complaint is partly true, the rules require you to admit the part
that is true. Just keep it short, concise and direct.
And use the deny-everything-except TECHnique to avoid lengthy details.
Example:
“Mendoza denies paragraph 8 of the complaint except to admit that he sold the
land to Rivera.” (NOTE end with period, wala naman rule to end in semi colon).
“the allegations of paragraph [5] are denied for lack of knowledge or sufficient
information to justify a belief therein” is bad writing. PASSIVE
Rule 8 lack of knowledge:
SIMPLE: “Mendoza lacks knowledge or information sufficient to form a belief
whether paragraphs 8 9 10 are true. ACTIVE
CONCLUDING PRAYER
Usually: wherefore, premises considered. (redundant), defendant prays that this
answer be deemed good and sufficient,. And that after all due proceedings herein
(legalese).
When concluding your answer, just tell court in simple, concise, and direct rerms
what you want it to do. Avoid legalese.
SIMPLE: “WHEREFORE, Mendoza prays that the court dismiss Rivera’;s
complaint at Rivera’s cost.

TOP TEN SIGNS OF BAD LEGAL WRITING

Up to you kung sundin mo ito, but many writer says these are signs of bad legal
writing
10. NUMER 10. USING PASSIVE RATHER than active voice
Ex. An order was issued today.
Active: The court issued an order today.
Bad writers use the passive voice.
Ex. The order was issued by the judge.
The appeal was filed by the accused
Active: The judged issued the order.
The accused filed the appeal.
Good writers use the active voice.
ACTIVE VOICE: the subject does something. Subject performs the action
expressed by the verb. He is the actor.
Abe Kicked the ball.
PASSIVE Voice: something is done to the subject.
The ball was kicked by Abe.
Keep this fail-safe test in mind
If you se a be-verb (such as is, are, was or were) followed by a past tense verb,
you have a passive-voice construction.
Is…arrested..
Are…docketed..
Was…vacated PASSIVE mga ito.
Passive: the decision was reversed by the court
Active: The court reversed the decision.

NUMBER Nine 9.
The use of Nominalizations.
Bad writers nominalize
Nominalization – we convert the verb into a noun, and they another verb in lieu of
the first verb.
Nominalized: the court reached a conclusion.
Cars were involved in a collision
Please take action on the complaint
Judge: to conduct a cross-examine
The judge granted a postponement
Please take action on the complaint.
Abe will give a summary of the case.
Bea is in appreciation of the help of her friends
The court issued today an order directing Abe to provide support to his child.
The court held that Abe acted in conspiracy with Dong.
Simple: the court concluded.
Bea appreciateS the help of her friends. (NOTE past and present tense)

The court issued today an order directing Abe to support to his

child.
NUMBER EIGHT 8.
Fear of Calling Things by their names.
This is pure lawyerism.
Bad writers are afraid to call things by name, using generic terms instead.
The plaintiff, defendant, day in question, scene of accident… etc.
Good writers give their characters names.
Instead of saying plaintiff, refer Juan dela Cruz.
Rule of thumb
Call the parties by their names
Or refer to the bank or the company or the university.
Label: defendant agreed to paint plaintiff’s house within a month.
Simple: abe agreed to paint joe’s house within a month.

NUMBER SEVEN 7.
Verbosity
Bad writers use run-on sentences with numerous qualifying phrases.
A run-on sentence occurs when two or more independent clauses (also known as
run on sentences) are connected improperly
Example:
The court, in Reyes v. Cruz, a case involving a similar traffic accident, held that a
person riding a motorcycle must adhere to the same standards as a person driving a
car, although it limited its holding to the facts of that car, which included the fact
that the motorcyclist was intoxicated.
Good writers use several short sentences.
Simple: Reyes v. Cruz involved a similar traffic accident. The court held that a
motorcyclist must adhere to the same standards as a person driving a car. The
opinion is limited to situations in which the motorcyclist is intoxicated.
NUMBER SIX 6.
The use of too many qualifying phrases.
Bad writers put qualifying phrases in the middle of sentences where they do not
belong.
Example: The court, although it limited its holding, held that a motorcyclist must
adhere to traffic rules. (IMPROPERLY PLACED)
Dapat sa last yun ikabit yung although part, or eliminate altother.
Good writers put qualifying phrases at the end of sentences or eliminate them
altogether.

NUMBER FIVE 5.
Redundancy
Bad writers list every known synonym, as if they were writing a thesaurus, in an
effort to be precise.
Example:
true and correct
due and demandable
every town, city or village
laws, ordinances, statutes, rules
give, devise and bequeath
null and void.
appoint, constitute, designate.
Simple
certified correct
your loan is now due
every municipality
all laws
give
void
appoint
NUMBER FOUR 4.
Meaningless adverbs used in a vain effort to make a weak point appear
stronger
Bad writers use meaningless adverbs thinking that they make an argument
stronger.
Reyes v. Cruz clearly held that motorcyclists must adhere to…
The holding is very narrow
it is really important
manifestly obvious
Good writers diligently avoid useless adverbs.

NUMBER THREE 3.
Meaningless Weasel words used because you are afraid to take a position
Bad writers are afraid of being wrong and use weasel words
Example:
Maybe
quite possibly
at best
might be
seems to
appears
show
perhaps
so-called
probably
tends to

NUMBER TWO 2.
DOUBLE NEGATIVES
One of the clearest sign of the bad writer is the double negative.

Example:
Not uncommon
failed to show inability
not insignificant
not uncomplicated
no small part
not incapable
not inappropriate

Good writers use single positives.

NUMBER ONE 1.
Phrases with no meaning
useless, pompous words.

Example:
I would like to point out that…
I would argue that….
It should be noted that
Good writers omit them.
Simple:
Was overruled
… not applicable..
he was wearing his helmet.
PART TWO
Good writing style
Style refers to the way we express ourselves in writing.
Everyone has own style.
BUT THERE IS ONE IMPORTANT ELEMENT
Aside from grammar rules, there is one important element.
READABILITY
It is not enough to be grammatically correct. It must be readable.
The use of words and phrases to communicated ideas clearly.
After learning academic English in school, many are reluctant or find it difficult to
write in plain English. Until we get to the point that we alone understand what we
have written. We no longer take extra step to revise the text so that our reader will
understand what we have written.
When we write academic English, many words are quite unnecessary.
Our mindset should not be to impress but to make sure the readers understand.
From grammatically correct
TO GRAMMATICALLY CORRECT AND UNDERSTANDABLE.
inebriated, discombobulated, sanctioned,
There is a growing move to simplify the language used in official and business
documents because many of these have become so convoluted that the intended
message is lost.
Before impeachment of chief justice corona, DEFENSOR SANTIAGO, wrote the
rules on use of plain English on impeachment rules so that the mass will
understand. UNFORTUNATELY, the senated voted it down. FRANKY DRILON
instead wrote it which was full of legalese words.

MOVEMENT – PLAIN ENGLISH AROUND THE WORLD.

Unfortunately Philippines is one of the most English speaking country in the
world. Number 7, pero diretso bababa na kasi walang plain English while others
push plain English campaign.
EXAMPLE:
European Commission launched a Clear Writing Campaign in 2012 – to write
more clearly and make all types of documents shorter and simpler.
USA – Plain Writing Act of 2010 pass through Congress in 2010. Bill clinton’s
program reinventing the government, bringing it closer to the people. – Requires
the federal government to write public documents in clear, concise and well-
organized manner that follows plain language standards. Pilipinas 12 pages tax, sa
USA 1 page lang.
England and Australia – laws on income tax and road safety have been put into
plain English. Sa pilipinas, you go to espana, you read the sign ped xing, DAFUQ
who knows what that means. Ask the farmers if they understand it.
MEANING OF PLAIN ENGLISH
-understable by anyone
- most effective style of writing that seeks to inform rather than to impress.
Does it make you less a lawyer if you do not sound a lawyer? It makes you sound a
better lawyer.

Plain English ADVANTAGES:

1. It is faster to write.
Departed from instead of paradigm shift. DO NOT USE JARGONS.
2. It is faster to read.
2. It is easier to understand.
CONSIDER THIS:
IN WITNESS WHEREOF, the parties hereto have affixed their signatures this 2nd
day of May, 2016.
Hereto, MGA HERE HERE lahat nito should be avoided like the plague.
WORDS WITHOUT MEANING AND VALUE.
In Witness whereof. WHEREOF NA LANG.
instead of AFFIX YOUR SIGNATURE HERE. SIGN HERE NA LANG.
PLAIN:
SignED on May 2, 2016, in….
No law requiring you to end the contract IN WITNESS WHEREOF

Original:
This agreement and the benefits and advantages herein contained are personal to
the Member and shall not be sold, assigned, or transferred. GRAMMATICALLY
CORRECT BUT NOT PLAIN ENGLISH.
REVISED:
Membership is not transferrable.

Another Example

This letter will serve to notify you of our receipt of your letter outlining the terms
of our agreement. (I WAS LAUGHING ALL THE WAY).
Plain English:
We have received your letter outlining our agreement.

EXMAPLE.
We are expecting that a tender of the money to you will be made in the near future
prior to the time when the court will be able to determine and adjudicate the issues.
PLAIN:
We expect to pay you soon, even before the court rules.
EXAMPLE
I hereby declare that the foregoing particulars are true and correct of my own
knowledge and I hereby authorize MBCC to make whatever inquiries it considers
necessary to process this loan application form. (grammatically correct, but too
legalese)
PLAIN:
The above details are correct. MBCC may check any of my details to process the
form
PLAIN ENGLISH RULES

RULE NO. 1
USE ACTIVE VOICE

Rule no. 2
Use less words.
Especially when the extra words mean nothing.
Hereby – pure legalese, does not contribute any meaning at all.
Modes/ PRACTICE: how to reduce redundancy
FIRST
Replace a phrase with a word that means the same thing.
Example: Lawyers write in legalese because, in all likelihood, they did not learn
the principles of plain English in law school. (NOT LIKE THIS, may be replaced
with the word – THEY PROBABLY DID NOT LEARN.)
NOT THIS:
I write in connection with your proposal for the installation of a software program
in our company to track our delinquent accounts. (USE about or regarding)
In the event that the debtor fails to pay the loan, the mortgage has to be foreclosed
immediately. (IF)
(note also: FORCLOSE THE MORTGAGE and sell the property. You do not
forclose the property ulol.) you sell the property in an auction. this is a sign of
illiteracy
SECOND
Delete words that have little or no meaning
Not this: WHEREFORE, premises considered, judgement is hereby rendered as
follows.
BUT THIS: WHEREFORE, judgement is rendered as follows
THIRD MODE
Delete words that are implied by other words in the sentence. Words that are
obvious.
Example
Under the provision of Section 2, Article 2 of the 1987 Constitution. (WE SIMPLY
SAY UNDER Section 2 kasi provision na ito)
In the case of Republic vs. Molina (In Republic vs. Molina kasi obvious naman na
case)
Plaintiff is owner in fee simple
Plaintiff owns a proper situated in Baguio City (remove situated)
Deposited the sum of money worth 50,000 ( remove sum of money kasi 50,000 is
money already)
When we write, don’t use a statement that is true by necessity or by virtue of its
logical form or say the same thing twice in different words.
SM: FREE GIFT. A gift is always free ulol. Free item pwede pa.
Witness saw it with own eyes. HAHAHAH.
Wills and succession – holographic will is dated and written and signed by the
hand of the testator. Hhhahahahh
Article 315 – Estafa by false pretenses. Pretenses are false hahaha.
WHEN STUPIDITY IS IN THE TEXT OF THE LAW, well we follow the law.
PLEASE RISE, BE SEATED. Wag na sit down.
Added bonus lol
Advance planning
Close proximity

consensus of opinion

Future plans.
Personal. Do not say personal experience. Based on experience will do.
Personal opinion. HAHAHAH ULOL obviously it is your opinion.
Babatukan na kita
Each individual person

general public
invited guests – pag di invited eh gate crashers na yun.
join together
first and foremost
if and when (inconsistent na to pag pinagsama lmao but many lawyers use this as a
sure formula)

Example:
The fact that the defendant was young may have influence the court.
Q what meaning does the fact that add? It is almost always a surplus
PLAIN: The defendant’s youth may have influenced the court.
Ex.
the fact that she had died (her death)
He was aware of the fact that (he knew that)
Considering the fact that ( because)
Despite the fact that ( although, even though)
Because of the fact (because)
Notwithstanding the fact that ( although, even though)
Other examples of word-wasting that we can eliminate without loss of meaning:
During the time that (during, while)
For the period of (for)
Insofar as… is concerned ( start with subject like plaintiff
The question as to whether (whether, the question whether)
Whether or not (whether the accused is guilty)

AVOID COMPOUND CONSTRUCTIONS to avoid redundancy

Compound constructions – use two, three or four words to do the work of one or
two words. They suck the vigor from your writing.
Null and void (void)
At this point in time (at this point)

By reason of (because)
Marami

RULE NO. 3
USE FAMILIAR WORDS
sTRIVE to be human in your writing. A formal, bureaucrat ….
Plain English writing uses the clearest words possible to describe actions, objects
and people.
Use words your readers are likely to understand.

Example:
The axiomatic truth remains that the success of a co-op… (obvious truth)
… who has absconded ( escaped)
Adjacent property ( next to)
Alleviate (reduce, ease)
Circumvent (avoid)
Mainstream (integrate)
RULE NO. 4
Keep your sentences short
REMEMBER
I CAME AND I CONQUERED
We will fight you on air, we will fight you on air, we will not surrender.
Kayo ang boss ko.

If you want to be understood, use short sentences. Give your reader a chance.
Long sentences will harm you, whatever your industry or audience.
According to American Press Institute, readers understand 90% of your copy or
document if your average sentence length is 15 words. But if you climb to 43
words, they understand less than 10 percent.
In short sentences, the reader will understand it in one reading. There is a natural
pause to give the reader the time to understand what was said.
Example:
Going on leave is easy. The procedure requires an initial completion of Leave
Form 1 followed, after this has been processed by the HR Officer, by an approval
that allows for Leave Form 2 to be completed after the affirmative response to
Leave Form 1 is received.
PLAIN: Going on leave is easy. Fill out Leave Form 1…

Example
If there are any points on which you require explanation or further particulars we
shall be glad to furnish such additional details as may be required by telephone.
PLAIN: If you have any questions, please call.
It is impotant that you read the notes, advice, info, detailed opposite, then complete
form..,,, prior to ANG HABA
PLAIN: Please read the notes opposite before you fill in the form. Then return it to
us….

ANOTHER RULE NA POTEK

RULE NO. 1
PREFER THE SINGULAR OVER THE PLURAL
Laws and contracts: the singular includes the plural. The plural includes the
singular. Natutunan natin ito sa statutory construction.
Only the second part of the rule (plural includes the singular) – may create
ambiguity or confusion.
EXAMPLE: if an ordinance says:
“People may not set off fireworks within city limits” (pareho plural)
BAD ORDINANCE ITO
FIRST: does the ordinance only apply to PEOPLE who work in groups but not to
individuals?
SECOND: Even if it applies to individuals, doesn’t the phrasing imply that
everyone gets a way out. Ex. Pedro bought fireworks, pedro and friends, put it all
in a bag for ONE FIREWORK.
THIRD: What constitutes a violation? What if 30 fireworks in 30 minutes? How
many times have you violated the ordinance? 30 times? But law says
FIREWORKSSS,
PLAIN: No person may set off a firework. Bam walang problema.

RULE NO. 2.
DELETE EVERY SHALL
Overuse and misuse has given shall a bad name. it has been so abused for so long
that its use is now an addiction.
(congress, ordinance, private company police, puro tadtad ng shall).
IN policies:
In definition sections:
A leave of absence shall mean

To give rights:
An employee shall have the right to

To give authority on something:

To impose an obligation: shall give notice

To state a future obligation: the judge shall decide the case within.
The word shall has spread like a disease. Its improper use has so penetrated all
documents as to make it unreliable.
The cure is to abstain from using shall. DON’T USE THE WORD AT ALL.
Remove all ambiguity and improve the language and tone of documents.
Shall, performs a number of roles: (3)
1. It can be used to refer to the future.
I shall return.
2. It can be used in making offers or suggestions or posing questions that
require the confirmation or advice of another person or other person.
Shall we dance?
3. It can be used in creating obligations and duties
An appeal shall be in writing and

Shall can lead to confusion if not used with precision.

1. Will
2. May
3. Must
FOR INSTANCE
The board shall vote on the resolution (WHAT DOES THIS MEAN? We do
not know)
If 1. WILL IS better
If 2. Discretion to act
BETTER YET, USE THE PRESENT TENSE: WILL MUST OR MAY
Don’t say, the fine for smoking shall be ( the fine for smoking is
A member shall not be obliged (not obliged)
Board shall have power (have the power to..

RULE NO. 4
DON’T USE PROVISOS
DON’T use provisos
Provisos – the expression provided that, providing, and provided are old,
inaccurate and ambiguous.
Origin : provided that it is the agreement
NOWADAYS (3 meaning)
1. An exception,
A minor is free from criminal liability, provided that… (use except…one who has
acted with discernment

2. A condition
It can mean IF
An employee may participate in all employee benefit programs provided that (IF
he or she is qualified)
3. Just another provision of the document.
It can mean ALSO
We will pay your salary every 15 days, provided that you are a full-time employee;
and provided further that you have signed the time sheet (IF, ALSO)

RULE NO. 5
PREFER NUMERALS, NOT WORDS, to denote amounts.
Avoid word-numeral doublets.
Chicago manual of style – most refutable newspapers, advice us when we write,
prefer numerals, not words.
Sa carbon copy lang dati. No reason modern documents to have numerical
doublets.
1-10 number
11+ spell
EXCEPTION
If one has 1-10 and 11+. COUNTING THE SAME THING.
25 computers, but received only 2.
BUT
25 computer over seven-week period.
Another exception
For peso amounts in millions and billions, use a combination of numerals plus
words for round numbers (P/3 million) and numerals for other numbers
(P/3,050,128.00).
Another exception
For percentage, use numerals with a percent sign: 12%, 9%.

Spell out a number that begins a sentence.

RULE NO. 7
BANISH ALL THE
HERE-“
“THERE-
AND “WHERE-“ WORDS
READ na lang handout

Last rule NO. 8

KILL THE USELESS WORDS,
SAME, SAID, AND SUCH
Many lawyers use same to be precise. (use it)
Example:
Once the defendant receives such notice, the defendant shall (must) acknowledge
the same.(it)

SUCH
- Inherently ambiguous
To the uneducated lawyers – it means “of that kind”.
To the lawyer, it meants “the very one just mentioned”.
Example:
If the court issues such (the) order…
Once the defendance receives such (the) notice…
SAID
- Useless word that lends awkwardness, not precision.
To the chair of said (the) cooperative.
The said witness saw the said defendant run the light. (there is only one witness,
defendant, the lang.)
QUESTIONS:
1. Can we depersonalize the enemy by using defendant instead of name?
2. Can I use bold, italic and underline.
3. I understand that we should avoid verbosity. Is it a problem if a
sentence is very short. For Example when stating the facts: Juan went to
the market. Or Juan shot Maria.
Do very short sentences sound like monkey sentences or made by
elementary students?
4. The new rules on evidence extended the provision on admissibility. Before
the amendment, it states the law or these rules. It was amended to include
the Constitution.
5. When the opposing party in a contract is annoying, very hostile, or
when they harass,. Can we violate all these rules to annoy them? Such as
when facing an obvious harassment from the opposing party. Or when we
want the party not to read the contract?
6. Can we use numeral doublet to emphasize numbers below ten?
Elements of style by strump k and y
Bryan garner book

Q/A
Atty. Gadenza
I file this motion diretso agad di na here comes…