Document Formatting & Professional Writing Basics

Today's lesson focuses on the crucial skills of legal document formatting and professional writing. You'll learn the essential standards for presenting legal documents and practice writing clearly and concisely, focusing on effective sentence structure and language.

Learning Objectives

  • Identify and apply standard legal document formatting rules.
  • Differentiate between active and passive voice and understand their impact on clarity.
  • Write concise and professional sentences and paragraphs suitable for legal documents.
  • Recognize and correct common writing errors that detract from professionalism.

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Lesson Content

Legal Document Formatting Standards

Professional formatting is critical in legal documents. It ensures readability and demonstrates attention to detail. Common standards include:

  • Margins: Typically, 1 inch on all sides (top, bottom, left, and right).
  • Font: A standard, easily readable font like Times New Roman, Arial, or Calibri (size 12).
  • Spacing: Generally, double-spaced for the main text, with single spacing within headings and the party section (e.g., Plaintiff v. Defendant).
  • Headers and Footers: Often used for page numbers and sometimes the case name and attorney information.
  • Page Numbering: Usually at the bottom center or top right of the page.
  • Paragraphs: Should be well-organized and concise with a clear topic sentence.

Example:

[Header: Case Name, Attorney Information]

Plaintiff, 

v.

Defendant.

                                                  Case No.: [Case Number]

**MOTION FOR SUMMARY JUDGMENT**

[Body of the Motion... double spaced, Times New Roman, 12 point font, 1-inch margins]

[Signature Block]

Active vs. Passive Voice

Understanding active and passive voice is essential for clear writing.

  • Active Voice: The subject performs the action (e.g., "The Plaintiff filed the complaint."). Active voice is generally preferred in legal writing because it's direct and concise.
  • Passive Voice: The subject receives the action (e.g., "The complaint was filed by the Plaintiff."). Passive voice can be useful when the action is more important than the actor or when the actor is unknown, but overusing it makes your writing less clear and potentially confusing.

Examples:

  • Active: The witness saw the accident.
  • Passive: The accident was seen by the witness.

Why Active Voice is Better: The active voice directly states who did what, making it easier for the reader to understand. The passive voice can be wordier and less direct.

Writing Clear and Concise Sentences

Legal writing must be clear and concise to avoid ambiguity and ensure your message is understood. Here are some tips:

  • Use Precise Language: Choose the right words to convey the precise meaning.
  • Avoid Jargon and Legalese (Where Possible): Unless necessary, avoid complicated legal terms that might confuse the reader.
  • Keep Sentences Short and Focused: One idea per sentence is a good rule of thumb, especially when starting out.
  • Use Strong Verbs: Avoid weak verbs like "is" and "was." Replace them with action verbs.
  • Proofread Carefully: Errors, even minor ones, can damage your credibility.

Examples of Improved Writing:

  • Before: It is the opinion of the witness that the car was going at a high rate of speed.

  • After: The witness believes the car was speeding.

  • Before: Due to the fact that the defendant failed to appear in court, the judge rendered a default judgment.

  • After: Because the defendant did not appear in court, the judge issued a default judgment.
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