THE LAW DEVELOPMENT CENTRE

POST GRADUATE BAR COURSE 2021/2022

First term

Legal writing

Writing letters

This module will aim to develop and hone students’ ability to write about
complex legal issues in a variety of settings and for a variety of audiences.
Emphasis will be placed on the five features of effective writing; focus,
organisation, support and elaboration, style, and conventions.

Focus is the topic/subject established by the writer in response to the

writing task.

Organisation is the progression, relatedness, and completeness of ideas.

Support and elaboration is the extension and development of the topic or

subject. The writer provides sufficient elaboration to present the ideas and
events clearly.

Style is the control of language that is appropriate to the purpose,

audience, and context of the writing task.

Conventions involve correctness in sentence formation, usage, and

mechanics. The writer has control of grammatical conventions that are
appropriate to the writing task. Errors, if present, should not impede the
reader’s understanding of the ideas conveyed.

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Topics

1. Client letters
2. Office Memos
3. Notices and demand letters
4. Communication by email
5. Responses and replies to correspondence

Exercises – practice to-

1. write a demand letter or notice of intention to sue

2. reply a demand letter or notice of intention to sue
3. write an office memo

Letter writing or modern legal correspondence

Introduction

People often need the services of lawyers to take care of different legal
matters that they face in certain situations. For a legal case, the main thing
that you need is a legal letter format. This is a very crucial document that
designates the lawyer to act on issues on your behalf. Such a document uses
language that is both accurate and formal.

This means the process of crafting this letter should be meticulously done.
There are various reasons for writing this letter or using a legal letters template.
Writing one could feel cumbersome, especially if you’re not familiar with legal
lingo. It is thus vital to learn how to write a legal letter perfectly.

Checklist for better writing

1. Clarify your purpose

2. Consider your reader

3. Write complete and accurate business letters

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 4. Organise the letter for highest impact

5. Choose your words thoughtfully

6. Use modern formats

7. keep the psychology of your readers in mind

A legal letter

A legal letter format is extremely powerful as it demands enforceability. As you

browse through legal letter writing samples, you’ll discover that they contain
terms that urge the recipient to put them into action. Since both parties agree to
the terms stressed in the letter, they have the legal obligation to act accordingly.

To make your legal letters template more credible, it requires a lot of sensibility
and consideration. The letter should be thoroughly substantial in the claims that
you want to articulate. Also, you should write it clearly using the proper
language. It’s essential that the provisions of a legal letter should be clearly
stated to guarantee the correct performance of the responsibilities it demands.

Moreover, it’s important that all the parties involved should understand the
contained subjects. There should be no possible grey areas of not understanding
the terms correctly and any respective actions that the involved parties want to
generate.

Elements of a legal letter format

The main purpose of a legal letter is to bring together an agreement among the
parties. It’s also important to define the conditions that both parties have agreed
upon accordingly. You can use such letters profusely throughout the course of
the business and with the assistance of legal aids. But you can also learn how to
compose a legal letter even without a lawyer.

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First, you have to understand the letter itself. You may think that composing the
letter is very easy. True, the legal letter format is very short. But although
succinct, you shouldn’t compromise on substance. The simplicity of such letters
lies in your ability to create all of the terms that it states indubitable (impossible
to doubt or unquestionable) and clear.

To do this, include the following elements

a) The agreement; as you will notice in legal letter writing samples, you
should clarify the details that surround the agreement. This proves that
the agreement exists.
b) The terms of the agreement; clarify the provisions that you have agreed
upon, the ones you have obligated or the ones you have demanded to do
as well.
c) The time period for meeting the terms of the agreement; mention the
provision of the time frame for performing and accomplishing said
obligations. Make sure to set a reasonable time period.
d) The consequences of breach or non-compliance; the legal letter should
also contain a section on the consequences that non-performers will
potentially confront should there be a failure in meeting the stated
responsibilities.

To sum these all up, the legal letter states the actions that the involved parties
should take. The letter should express a sense of urgency about the obligations
of the concerned parties.

Do’s and Don’ts of writing a legal letter format

One important part of the legal system works through written documents that
either address or demand different aspects of the judicial system. These written
documents introduce judges to the facts of each case, state the laws that apply,
and argue to pursue the desired resolution or action of the legal dispute.

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For this, the legal letters template should always be well-researched and crafted.
You should clearly organise it and it should have a professional format and
tone. Here are some Dos and Don’ts to help you when composing a legal letter.

The Do’s:

Maintain focus throughout the process

Both intended and unintended audiences can read legal letters. Therefore, it’s
more important to focus on your intended audience to make sure that the
content of the letter isn’t misinterpreted.

When writing the legal letter format, it’s best to begin early with a plan. The
more time you have, the greater the opportunity that you can write a polished,
high-quality letter without mistakes.

Come up with coherent and consistent arguments

The intended audience of your legal letter would be more appreciative if you
provide a coherent document that investigates the facts of the case diligently
while addressing relevant policies.

To accomplish this, the first step of preparation is to do thorough research on

the applicable law, investigate the facts diligently, organize and plan the letter,
and make certain that any presented legal theory has consistency with
applicable law. The provisions of the arguments vary depending on your
audience as the latter determines the style and format of the letter.

Use short sentences and paragraphs in your letter

You shouldn’t create a complicated letter. Paragraphs that are too long and
peppered with legal jargon can frustrate clients as they might not understand the
case completely.

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Make your sentences short as readers find it easier to understand the facts and
from this, strategically plan the case. Keep the letter’s sentences and paragraphs
short, accurate, and honest while still capturing all of the important facts and
citing the records correctly.

Make sure your language has precision

Use precise English grammar in the construction of sentences so that the reader
has the chance to understand your letter and the facts you presented. Your
letter’s draft should undergo several essential checks which include
proofreading for grammar and spelling.

Also, perform editing, citing cases, redrafting, and citing authorities accurately.
Make sure to stick with any court-specific technical requirements in the letter’s
format like margins, document length, and fonts.

The Don’ts

Avoid making assumptions about your readers

Never make the assumption that the reader knows the law when writing a legal
letter format. To make the reader understand better, use simple words when
explaining the facts of your case. A lucid explanation of the law can ease the
judicial or the legal writing process through the creation of a common
understanding of all the facts.

Avoid using contractions

When writing anything related to legal processes, don’t use word contractions
as meanings may get lost when using shortened forms. Examples of
contractions: he’s, she’s, we’re, I’ll, you’re etc

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Don’t provide personal opinions without supporting it with the
authoritative law

Always keep in mind that when writing a legal letter, your opinions aren’t
relevant in the case. A solid legal argument must always form the basis of any
legal matter. Also, try to avoid using personal pronouns.

How do you write a legal letter?

The use of letters serves many purposes. Legal letters can settle issues between
two parties before having to go to court. It can also play a role in the negotiation
of contracts and similar legal matters. If you have to write the legal letter
yourself, keep the tone professional, write concisely and precisely so that the
reader has no doubts in his mind in terms of your purpose.

Like any other legal document, these letters must be in the proper legal letter
format. Use it to present the issues you want from the other party or all of the
information you want to share with the other party.

You need plain language techniques to get your message through efficiently and
effectively.

Each piece of correspondence requires fresh thought and effort.

Note: Your letters express your style and personality. They will influence your
client’s perception of you.

Write in a tone and style similar to the way you speak. Tone is very important in
keeping your clients satisfied with your services.

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Here are steps you may want to consider when writing a legal letter
template:

Compose the letter’s introduction

 Type the complete name and address of the party you’re addressing.
Place this at the top part of the letter. Also, include the date when you
will send the letter.

 Use a standard font and black-colored ink to ensure legibility.

 Address the other party by courtesy title and name.

 If you plan to address the letter to a company and you don’t know the
name of the specific recipient, you can begin with “Dear Sir or Madam”
or “To Whom It May Concern.”

Cite any enclosures then state your reason for writing the letter

Citing enclosures at the beginning of the letter allows the other party to verify
that you sent them and looked them over before you continue. Give the reason
why composed the letter along with the details of the case. If needed, include
the names of any other related parties with the exact dates of incidents or
interactions. The more relevant details you can provide, the better.

State your goals and the specifics of the law

If applicable, cite any laws relevant to the case or the ones that apply to your
legal letter. Explain the reason why such laws apply to the intent of your letter.
State what you expect in writing the letter too. Provide a detailed time frame for
a response to your letter before taking any further action.

Proofread your letter before sending

It is extremely important to proofread your letter. The final draft should be both
concise and error-free. Avoid using passive verbs. Delete words and phrases

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that are not relevant. After proofreading, sign and date the at the bottom. Then
send the letter the same day you wrote it.