Presentation

1. Legal Writing
Ju 2021

2. Introduction
 Legal writing is a type of technical writing used by legal actors: legislators,
lawyers, judges, and others in law to express legal analysis and legal rights
and duties.
 Features:
-Relies on legal authority
 The writer must back up assertions and statements with proper reference to
authority. This is particularly the case when one is writing articles, teaching
materials and books.
- Citation
- Legal vocabulary

3. Legal writing Features…contd
 Specialized words and phrases unique or nearly unique to law, such as tort, fee simple,
and novation.
 Everyday words that when used in law have different meanings from the everyday
usage
 Archaic vocabulary
 Loan words and phrases from other languages like French, latin…

4.  Formality

5. Prewriting considerations
 Identify the audience: the writer should ask himself/herself the following
questions before writing:
 To whom the document is directed;
 The level of legal expertise of that person or persons; and
 The degree of that person or persons familiarity with the subject.
 Identify the purpose
- To inform
- To persuade
- To discover information
- To prepare a legal document

6. Organizing a Legal Document
Primary and Secondary Sources of Information
Involves:
- Outlining
• Focusing on logical development
• Preventing critical omissions; and
• Evaluating how well you accomplish your purpose
- IRAC method: Issue, Rule of Law, Analysis,
Conclusion
Primary (The law it self) Secondary (Explanations; Not the law)
The Constitution
Legislative Executive Judicial
statutes Orders (Cases decided
the federal supreme
court in its
cassassion bench)
Administrative Agencies
 Regulations
 decisions
 Examples
 Dictionaries
 Encyclopedias
 Indexes
 Law Review
 Magazines
 Newspapers
 Policies
 Polls
 Professors
 Pundits
 Textbooks

7. Chapter Two
Types of Documents
 These four steps derive from a system developed by Dr. Betty Sue
Flowers, a University of Texas English professor. She has named each
of the steps: (1) Madman, the creative spirit who generates ideas;
(2) Architect, the planner who ensures that the structure is sound
and appealing; (3) Carpenter, the builder who makes the corners
square and the counters level; and (4) Judge, who checks to see
whether anything has gone wrong.
1. The most known legal documents include: Letters,
Internal memoranda, Operative documents and forms,
Pleadings, Motions, and Briefs.
2. Prediction legal writing:
- Sturcture: IRAC.
- Issue
- Rule
- Application
- Conclusion

8. Operative Documents
Some Documents
 Executed contracts, leases, wills,
and deeds
 Business lawyers draft articles of
incorporation, and contracts
ranging from employment of
individuals to security of goods.
Lawyer skills needed
 Documents are intellectually demanding and
requiring lawyer skills:
- Legal knowledge
- Abstract concepts
- Investigative instincts
- Organizational skills

9. Legal Documents…Continued
Pleadings
 Written submissions to
dispute settlement
organs (book III Chap. 1
of CPC).
 Article 80 (1) defines
Pleading as statement of
claim, statement of
defence, counter-claim,
memurandum of appeal.
application or petition
and any other document
originating proceedings
or filed in reply thereto.
Legal Opinion
 to help their client by giving sound, fair, impartial and professional advice.
 Impartial: shows options-negotiation vs litigation
 Style: practical oriented.
 Clear
 Easily understandable
Before writing outline the following:
Dramatis personae, ie plaintiff, defendant, lay witnesses, expert
witnesses;
• Dates and times;
• Places;
• Relevant figures;
• Factual issues;
• Legal issues;
• Case for and/or against both plaintiff and defendant;
• Evidential difficulties;
• Procedural difficulties;
• Missing information, such as plans, photographs, maps, reports;
• Strength of the case for and against both plaintiff and defendant;
• Proposed action

10. Pleading Contents
 Shall ink-written, type written, or
printed.
 Contain statement of material
facts on which the parties rely in a
concise manner.
 Verification (article 92)
 Signature
Types of Pleadings
 Statement of claim
- Every suit must be submitted by
filing statement of claim.
- The statement of claim should
contain particulars mentioned
under article 222 (1/a-i).
- List of evidences (according to
article 223).

11. Pleadings…continued
 Failure to follow the prescribed
format results in rejection (article
229 of the CPC).
Statement of Defence
 Shall contain particulars stated
under article 234 of the CPC.

12. Criminal Charges (Read Criminal
Procedure Code Articles 108—122.)
Background
 notice that the prosecutor or private prosecutor in
some circumstances has a time limit of 15 days of
the receipt of the police report or record of a
preliminary inquiry to frame the charge.
 Article 17/2 of the Constitution provides, “No
person may be subject to arbitrary arrest, no
person may be detained without a charge or
conviction against him.”
 Article 19/1 of the Constitution provides,
“Persons arrested have the right to be
informed promptly, in a language they
understand, of the reasons for their arrest and
of any charge against them.”
 Article 20/2 provides, “Accused persons have
the right to be informed with sufficient
particulars of the charge brought against them
and to be given the charge in writing.”
- In Malawi African Association and others v. Mauritania, the
Commission found that the right to defence encompassed the
right to interpretation of proceedings: ‘the right to defence
should also be interpreted as including the right to
understand the charges being brought against oneself.’

13. Criminal Procedure
Principles and contents
- Article 108/1 provides, “No person
may be tried for an offence other
than a petty offence unless a charge
has been framed in accordance with
the provisions of this Chapter.”
- Article 109/4 provides, “A copy of
every charge shall be given to the
accused free of cost.”
Contents and form of charge
- The offence with which the accused is being charged, and
its legal and material ingredients;
- The time and place of the offence;
- The law and article of the law against which the offence is
said to have been committed. [Article 111].