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What is legal writing like?
What is legal writing like?
The academic rules for law are the same as those for other subjects. You are still expected to:
Be concise (avoid unnecessary description, excessive quotes or multiple examples).
Use formal language (avoid informal/conversational language or contractions like “doesn’t”).
Write impersonally (avoid personal pronouns such as "I/my/we/one").
Avoid assertions (statements given without evidence) and be cautious ('Jennifer may be liable' rather than 'Jennifer will definitely be liable').
Reference sources (find support with OSCOLA referencing: Referencing & Research).
Answer questions in a methodical way (a clear overall structure with an introduction and conclusion).
Top 5 tips for legal writing
Top 5 tips for legal writing
Tip 1: Don’t repeat the facts
You do not need to repeat the facts of the scenario or case – your reader will be familiar with these already (particularly if you are writing an exam answer).
When talking about a relevant case, it is vital to go beyond the facts (i.e. who won or lost) and explain the wider application of the legal principle that comes from the case.
It is better to say why something is important (its relevance to the case) than to explain what happened (the facts). Repeating facts in your answer often frustrates markers.
Tip 2: Show your reasoning
Law lecturers generally expect you to show your reasoning.
Imagine you are writing for somebody who needs the legal issues and implications explained to them.
This helps you to demonstrate your understanding of the relevance of case law/statute/other legal sources and to show your reader how it applies to the situation you are writing about (dealing with one issue at a time)
Tip 3: Get to the point (and put the law first)
Law assignments (particularly in the first and second years of your degree) require you to focus on the key issues, rather than drifting off onto other topics.
Whilst other subjects may encourage exploration around a topic, law assignments need to be focused. This means that you need to have the confidence and awareness to decide which points are relevant and which are not worth discussing.
Outline the law first, then apply this to your argument (rather than the other way around).
Tip 4: Choose your sources carefully
It is fine to use Westlaw and Lexis sources, but law lecturers caution against the use of generic “lawyer” websites as sources.
A source found through Google may be convenient, but it is hard to tell whether the information is reliable and you can end up citing law from other jurisdictions by mistake.
It is also usually a bad idea to rely solely on lecture notes, and you should only use up-to-date textbooks which are appropriate for university use. If you are unsure about what constitutes an “appropriate text”, consult your reading list or course tutor for advice.
Tip 5: Remember enough cases to see you through an exam
You are not usually required to give the full citation of a case in an exam (please check these requirements with your course team if you are unsure).
Instead, you usually just need to know enough cases (including full names) and law to be able to illustrate where legal principles come from.
Exam or assignment questions often have similarities to cases that you will have studied, so make sure you can recognise these, as the same reasoning may be applicable.
As mentioned earlier, there is no need to recite facts from a case. The marker is much less interested in who won than in why they won, what the ratio of the case was, and how these are relevant to the situation you are discussing.
Writing Strong Paragraphs for Law
Writing Strong Paragraphs for Law
Organise your ideas into paragraphs. One paragraph should contain one issue.
At the beginning of each paragraph state what the issue is.
Develop and discuss the issue within the middle part of the paragraph, by way of justification for the issue set out in the first sentence.
Provide authoritative evidence for the points you are making and explain how that evidence has helped you to reach your conclusions.
Finish the paragraph by stating why this issue is relevant to, or how it helps you in, answering the question.
Webley, Lisa. Legal Writing, Taylor & Francis Group, 2016. ProQuest Ebook Central
Answering Problem Questions (using ILAC)
Answering Problem Questions (using ILAC)
Problem questions focus on your ability to diagnose the legal problem, apply the law to the facts in the problem and provide accurate advice on likely chances of success.
Problem answers deal with a set of acts and provide a legal assessment based on those facts.
You should provide alternative courses of action to the client and identify issues that may need further investigation.
It will show your ability to argue competing precedents - cases for and against.
Follow these steps to help you answer your problem question:
1. Read the Scenario carefully
Read it again to ensure you have an appreciation of the facts
Make a list of facts in chronological order or draw a diagram showing who did what to whom, when and apparently why.
Identify who you are working for and what they are hoping to achieve (if indication of outcome given)
Work out which topic areas are relevant to the problem
What do the facts suggest?
Reread your notes, reread the problem and extract relevant issues from your notes
2. Factual Analysis
Consider which of the facts are agreed
Consider which facts are disputed, ambiguous or unclear
Are there any facts that you need but have not been given
3. Research and Legal Analysis
Consider which area of law is the subject of the problem
Look at the key concepts for that area of law and consider which may apply to the clients’ situation
List any tests that have to be considered for each of the concepts
Plan your answer
Undertake additional research to provide a good grounding in the legal principles (cases and legislation) and have authority or authoritative evidence to use as the basis to develop understanding of your clients’ cases.
Develop your analysis of the strength of the case and write your legal opinion to justify your analysis.
You may need to quote case law and statutory references and explain how wording and reasoning led you to your conclusion on each point of law.
Writing up your answer to the Problem Question using ILAC
Writing up your answer to the Problem Question using ILAC
Start planning out the issues, each will become one (often short) paragraph.
It is important you know what you need to prove or disprove in order to provide an assessment of the client’s chances of success if the case were to be settled on the basis of legal norms.
The ILAC method is a framework commonly used in law to analyse and solve legal problems. Here's how to use the ILAC structure:
Issue: Begin by identifying the key legal issue(s) at hand. This involves pinpointing the specific legal question or dispute that needs to be resolved. It is important to be clear and concise, focusing on the crux of the problem.
Law/Legal Principle: Next, outline the relevant law(s) or legal principles that apply to the issue. This could include statutes, case law, regulations, and legal doctrines pertinent to the identified issue. You should also explain the facts of the law sufficiently to make it clear how it relates to the issue.
Application: This step involves applying the law to the facts of the case. You will need to analyse how the relevant legal principles apply to the specific circumstances of the problem. This may involve drawing on precedents, interpreting statutes and using logical reasoning to connect the law to the facts.
Conclusion: Finally, conclude by summarising the outcome based on the application of the law to the facts. This should be a clear and concise statement of the result, indicating how the legal issue has been resolved. The conclusion might also suggest potential outcomes or actions based on the analysis - check if you have been asked to do this.
Using the ILAC method helps ensure that legal analysis is structured, clear, and focused, facilitating a thorough examination of legal problems.
‘You cannot write a strong problem question answer without reference to case law and legislation, and without explaining explicitly how the specific points of law relate to the facts of your client’s case and thus what is your analysis of the client’s case’.
Structuring your Problem Question response
1. Introduction
Explain the basic situation, briefly, and who you have been asked to advise.
Set out the issues upon which you will give a legal opinion.
Do not reiterate all the facts in detail; this is unnecessary.
Refine your introduction if necessary once firm conclusions are reached in respect of the problem. You may also wish to provide a summary of your findings and your conclusions, in the introduction once these are clear.
You may also wish to leave writing the introduction until after the main body of the work has been written.
2. Writing the main body sections or paragraphs
I - Write out the issue to be discussed.
L - Set out the legal principle that will enable you to address the issue.
A - What do you need to establish to show that this issue has been proved or disproved? Refer back to the facts of the question, can you identify where the facts indicate the legal test has been met?
C- What does this mean in relation to the client’s case?
3. Final Conclusion
Pull together all the legal evidence to provide an assessment of the strengths and weaknesses of the client’s case.
You may wish to provide the options open to the client.
Your conclusion may also provide an assessment of ways to settle the case using negotiation, mediation or arbitration and set out avenues the solicitor will need to explore before a final legal opinion may be given.
5. Editing
As you edit your work try to ensure that your evidence justifies the conclusion reached, combining what you have worked out with the factual and legal evidence that led to the conclusion or analysis rather than separate sentences describing the evidence followed by a sentence explaining the conclusion.
Do not forget to apply the law to the client’s case; a few sentences on how and why the law is relevant. Does this mean your client is in a stronger or weaker position, advised to take action if the other side will not agree to their terms or seek a different course of action.
Adapted from Legal Writing by Lisa Webley.
Video Resources (for Law)
Video Resources (for Law)
from Lee Roach (University of Portsmouth, School of Law)
from Lee Roach (University of Portsmouth, School of Law)
There is a handout accompanying this video which can be downloaded by clicking here
Research Skills (For Law)
Research Skills (For Law)
Referencing and Plagiarism (for Law)
Referencing and Plagiarism (for Law)
A handout containing the most common court and judicial abbreviations can be found here
Referencing (For Law)
Referencing (For Law)
OSCOLA referencing for Law
Full Library Referencing guidance (also check the referencing section on your subject pages above):
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