Formal Letters - Format and Protocol
Formal Letters - Format and Protocol
Formal Letters - Format and Protocol
PRACTICE II
LAW 4511
FORMAL LETTER WRITING :
FORMAT AND PROTOCOLS
INTRODUCTION
Quotes:
Read the following sentence: In view of the fact that your client has no made no
attempts to repay the money which is owed to our client, in the amount of
RM50,000.00, it has become imperative that we take immediate appropriate legal
action to protect our client’s interests, and position, to ensure repayment of the
aforesaid amount. – This is a typical piece of legalese bad writing, cloaking itself in the
guise of a professional lawyer’s letter written to another law company. Wouldn't it be
much easier to say – Since your client has not repaid the of RM50,000.00 owed to our
client, we will begin court action to obtain repayment.
A Note About Format and Font
• When writing business letters, you must pay special attention to the format and font used.
o Block Format
The most common layout of a business letter is known as block format. Using this
format, the entire letter is left justified and single spaced except for a double space
between paragraphs.
o Modified Block
Another widely utilized format is known as modified block format. In this type, the
body of the letter and the sender's and recipient's addresses are left justified and
single-spaced. However, for the date and complementary closing, tab to the center
point and begin to type.
o Semi-Block
The final, and least used, style is semi-block. It is much like the modified block style
except that each paragraph is indented instead of left justified.
• Font
o Another important factor in the readability of a letter is the font.
o The generally accepted font is Times New Roman, size 12,
although other fonts such as Arial may be used.
o When choosing a font, always consider your audience. If you are
writing to a conservative company, you may want to use Times
New Roman. However, if you are writing to a more liberal
company, you have a little more freedom when choosing fonts.
• Keep in mind that different organizations have different format requirements for
their professional communication. While the examples provided here contain
common elements for the basic business letter (genre expectations), the format of
your business letter may need to be flexible to reflect variables like letterheads and
templates. The examples given are merely guides.
• If your computer is equipped with Microsoft Office 2000, the Letter Wizard can be
used to take much of the guesswork out of formatting business letters.
• To access the Letter Wizard, click on the Tools menu and then choose Letter Wizard.
The Wizard will present the three styles mentioned here and input the date, sender
address and recipient address into the selected format. Letter Wizard should only
be used if you have a basic understand of how to write a business letter. Its
templates are not applicable in every setting. Therefore, you should consult a
business writing handbook if you have any questions or doubt the accuracy of the
Letter Wizard.
The Anatomy of a Formal Letter
• SENDER’S ADDRESS
o When Using Letterhead Stationary
Businesses, government departments, clubs, associations and some private
individuals will have letterhead stationary which contains the organization (or
person's) name, address, telephone number and perhaps other details such as the
managers name, company logo etc.
Letterhead is pre-printed stationery.
Hence, the sender's address usually is included in letterhead.
If you are using letterhead stationery, include only the date two lines below the
bottom of the letterhead. Spell out the name of month.
o When Not Using Letterhead Stationary
If you are not using letterhead stationery, begin with your full address (city, street,
and postal/zip code) 1 to 1½ inches from the top of the page. Spell out address
designations, such as Street, Avenue, and District.
• DATE
o Place the date below the letterhead (or written address) ‑ at least three lines below and
directly under the address.
o Spell out the name of the month.
o The date line is used to indicate the date the letter was written. However, if your letter
is completed over a number of days, use the date it was finished in the date line.
o When writing to companies within Malaysia, use the Malaysian date format
(dd/MM/yyyy).
(The Malaysian-based convention for formatting a date places the day before the
month. For example: 11 June 2020)
(The United States-based convention for formatting a date places the month before the
day. For example: June 11, 2020)
Continue…
• INSIDE ADDRESS
The inside address is the recipient's address.
This is the address of the person or organization which the letter is being sent to. It should be the same as
the address placed on the envelope.
• Format:
Two to four lines below the date, place the following items:
o The recipient's title and full name.
o The recipient's job title or designation, if appropriate. If the recipient's position is to be stated, and it is
long, it should be under their name (eg: Personnel Manager)
o It is always best to write to a specific individual at the firm to which you are writing. If you do not have the
person's name, do some research by calling the company or speaking with employees from the company.
o The name of the company or institution, if appropriate. If using a company name, write it as it appears on
their letterhead.
o The full address, following the same format as for the address in the heading.
o The recipient's address is always aligned on the left margin, no matter which format you are using.
• THROUGH LINE
o This part appears in the letter if the sender is a subordinate who
writes to a person higher in position than his immediate superior.
o It is a protocol that communications should pass through
channels.
• Your Address here
• Date here
• Inside Address
The Managing Director
XYZ Co., New Finchland.
• THROUGH:
The Human Resources Manager
XYZ Co., New Finchland.
• Dear Sir
• Tittle here
• Blah, blah, blah,……….(your message here on)
• Blim, blah, blim ,………,
• Faithfully yours,
• Sign
• Name
• Official tittle (if any).
• Notes on Correct Address
o All letters must be correctly addressed in order to elicit a response from the correct person or
organisation.
o In the case of a corporation, the letter, for the purposes of effecting service of a legal document,
can be addressed to the registered office of the company or to the head office of the company.
o Insofar as the letter is not by way of service of originating process or other document upon a
corporation, it should be addressed to the company secretary or to the office to which it is
intended to be sent.
o In all cases where the letter is sent to a corporation, Government department or other
organisation, it should be addressed to the office to which it is intended to be sent. For example,
it should be addressed to “The Marketing Manager”, “Company Secretary” or “Chief Financial
Officer”.
o If the name of that person is known then it should, in addition, be marked “Attention Mr W.
Smith”. The reason being that the letter is to be sent to the officeholder, rather than to the
individual whose identity may change.
Continue…
• Handling the recipient’s title
Include a personal title of the recipient such as Ms., Mrs., Mr., or Dr.
Address a woman who does not have a professional title as Ms. unless you know
she prefers Miss or Mrs.
If you are unsure of a woman's preference in being addressed, use Ms.
If there is a possibility that the person to whom you are writing is a Dr. or has
some other title, use that title. Usually, people will not mind being addressed by
a higher title than they actually possess.
If the recipient does not have a title and you are unsure of his or her gender,
omit the title
In the Malaysian context, use the honorific the recipient has to his or her name –
Tun, Tan Sri, Datuk, Dato’ Sri, Dato’ (and that of the wife’s equivalence).
Continue…
o Four lines below the closing phrase, write your full name.
o If you think the person you are writing to might not know
whether you are male of female, put you title in brackets after
your name.
o Your signature goes above your typed name.
• ENCLOSURES
o If another sheet of paper, document etc. is to be enclosed with the letter, a
notation is made at the bottom of the page so that the writer and reader can
both be aware of what it was if reading the letter at a later date.
Example:
Enclosure: Pamphlets on new edition encyclopedia
Enc. Annual treasurers report
Encl. Copy of correspondence with head office
o As an option, you may list the name of each document you are including in the
envelope.
o For instance, if you have included many documents and need to ensure that
the recipient is aware of each document, it may be a good idea to list the
names.
• CARBON COPY
o If copies are sent to other persons a notation may be made, indicating who they are
sent to. Example:
Copies to: Personnel dept, General Manager, Paymaster. or
cc: Personnel dept. or
CC: Personnel dept.
o Put each recipient of a copy on a separate line. Example
o If you don't want the reader of the letter to know who copies were sent to, you can
mark the carbon copy in the file....but use "BCC" or "bcc" instead of "CC" or "cc".
• POSTSCRIPTS
o This is an afterthought or extra comment or piece
of information located at the bottom of the letter
after the complimentary close.
Examples:
P.S. PS. PS: PS‑ ps ps:
o If a second postscript is to be used it may follow
the notation "pss:"
• SEVERAL PAGES
o If a letter is to involve more than one page, the pages should be
numbered.
o You should try to balance the information so you don't have only
a couple of lines on the last page....either precis the information
or put a little less on each page so it can run over and make the
last page seem not so empty.
o Don't use letterhead stationary on anything but the first page of
a letter.
• IDENTIFICATION INITIALS
o The initials of the person who wrote or typed the letter may
be placed below the complimentary close, to enable the
writer or typist to be identified at a later date.
o Since the writer’s name appears on the letter, secretaries
frequently use their own initials in lower case. (eg: jb for
Julie Brown)
o Where the writer’s initials are included, the typist's initials,
in lowercase letters, follow the initials of the author, in
capital letters, and a colon or a front-slash (LCP:jb or LCP/jb).
OTHER TIPS on the BODY
o Headings
In a letter of more than, say one page or which deals with more
than one topic, it is very useful to include sub-headings. They
identify what the text is dealing with, and ensure that the writer
focuses on the issue described in the heading.
o Paragraph numbers
In a letter of substantial length it is also quite helpful to include
numbered paragraphs. This makes for ease of reference (for
example when directing the judge’s attention to particular part)
and when responding to the letter (“We respond to paragraphs 41-
45 as follows…”).
o Definitions
It is efficient and convenient to use defined terms in a letter.
Rather than refer to the “Second Further Amended Defence and
Counterclaim”, you may define it as “SFADC”. This makes the
letter shorter and easier to read.
o Capitalisation
It is very common to use capitals, particularly in headings where
they are not required.
Of course names, titles and places (C.S.I.R.O, Mr Smith and
Canberra) require the use of capitals.
However, other words rarely require capitalisation.
Nonetheless it is common to observe headings like “The
Defendant’s Affidavit of Documents”.
Prepositions, such as the words “of”, “and”, “to”, are usually not
capitalised.
o Sub-paragraphs and sub-sub paragraphs
It is often necessary to break up a long topic with a series of
sub-paragraphs. This obviates the need for an extremely long
sentence and gives some clarity, especially when making a
series of related points.
The issue is how to identify the sub-paragraphs. It is
increasingly common to see ‘bullet’ points or ‘diamonds’ or
other creatures of the word processing programs.
It is useful to have a system which identifies each sub-paragraph in
the same way as each paragraph is identified, namely ease of
reference.
One suggestion is to use the one used by Parliamentary draftsmen.
In legislation, the section is identified by a number (e.g. s. 101),
the first sub-section by a letter (e.g. s. 101(a)), the next sub-
section by a small Roman numeral (e.g. s. 101(a)(i)) and the next
sub-section by a capital letter (e.g. s. 101(a)(i)(A)).
o Sentences
Sentences in legal letters can be very long. The longer the sentence, the more likely the
point will be confused.
It usually requires only simple punctuation to cure one very long sentence. This will
result in say, two or three shorter sentences.
There are many examples to be found, however this is an extract of a solicitor’s letter:
“In light of the necessity to establish the principle that shop 19 is able to compete fairly
and equally with Duffy Bros, we request that the second component of our compromise
offer be reconsidered to allow for a new lease to be drawn which embraces items (i) to
(vi) inclusive as well as an abatement of 1/3 rent agreed upon for the period referred to
in the opening paragraph of this communication. Since we believe that considerable
progress has been made to effect settlement by way of negotiation, an incomplete
reference is now made to a single ground under active consideration in respect to one
point raised in your memorandum dated 21st April 1992 which concerns the defence of
the landlord to an action by the tenant for damages for diminished loss of the value of
the assets and profits of the business styled Southpoint Fruit Market.”
It can be seen that the last two sentences run for two paragraphs.
Further, the second sentence is almost unintelligible.
Short, simple sentences are best. Use simple, plain English words.
Each sentence should be no more than 25 words long. Each
sentence should only make one point.
o Language
Most of us did not learn Latin at school but I did learn a large number of
Latin phrases, so-called maxims when at university. They seemed to be
popular with examiners, if not lecturers. Some of us can still rehearse a
great number of these today.
However, the time of Latin in legal writing is over, just as the language itself
is over.
The point is this, Latin is a language no longer spoken, it has no relevance to
you or your client. It should not be used unless absolutely necessary and
even then with an English translation as the main proposition. Even worse,
most people who use Latin words or phrases do not learn the true
meaning, if at all.
In an interesting article, Michael Kirby explains how other languages,
including Latin, came into our English language:
“I am here to urge fellow lawyers to ditch their Latinisms and to
embrace their inner Germanic being, with the essential simplicities of
pre Norman English. Everything went wrong, you see, in 1066. That
was when the usurper, William Duke of Normandy, defeated good
King Harold at the Battle of Hastings. As if it was not enough for
William to bring over with him all those garlic eating Frenchman, he
imposed on his royal court the French language of the time. It became
the language of the clerks in the bureaucracy (a nice French word if
ever there was one).It it also became the language of his judges.
Under his successor Henry II, they fanned out over all of England, bringing with them
the common law and legal language. ... Naturally, the English parliaments, made up
of the Commons of the kingdom, repeatedly protested against the use of this foreign
language in the courts and in legal documents. They objected to the use of Norman
French, which was a kind of doggerel language, neither wholly English nor French. But
above all they objected to the intrusions of Latin, the language of their earlier and
unlamented conquerors, the Romans. However, the universal Church used Latin for its
services and dealings. So in the proceedings over which church officials presided, Latin
was literally the lingua franca. This state of affairs continued, to a greater and lesser
degree, until 1731 when An Act of Parliament banned the use of French and Latin and
insisted on the use of English in courts of law and legal documents. The problem was,
by then, that so many of the foreign words had grafted themselves onto the English
tongue, that it was impossible to eradicate the foreign imports.”
o The word “AND”
Think before using “and” in a sentence. It generally means that you are
adding another point rather than commencing a new sentence. Any time
you use “and” in a sentence twice will usually be fatal.
o Economy of language
Do not use words that do not add anything to the letter. “We advise
that” or “We note that” are acceptable but only in moderation.
Often the phrases are used when the author does not know how to
start the sentence and fears that without an introduction it will be too
abrupt. Sometimes that is correct but legal letters are allowed to be
abrupt. If you try hard then you may be able to avoid them altogether.
o Courteous and polite: Don’t be Rude
The language of the letter should be both courteous and polite.
It should not be abusive, colloquial or flamboyant. There are a
number of reasons for this.
First, it is a professional letter written on behalf of a client. It
derogates from the force of the letter if intemperate language
is used.
Secondly, the letter may well be referred to and relied upon in
Court.
Thirdly, it is a professional requirement.
o One must always be courteous and respectful, regardless of the
circumstances or provocation.
o If for no other reason assume that your letter will become an
exhibit in
o Court for all to see. Lord Denning observed:
“It has been held unbefitting conduct for a solicitor to write
offensive letters to clients of other solicitors, to government
departments and to the public. The use of insulting language and
indulging in acrimonious correspondence are neither in the
interests of the client nor conducive to the maintenance of the
good name of the profession.”
o Ethical or conduct rules often require lawyers to behave courteously and not to bring the
profession into disrepute.
o Legal Profession (Practice and Etiquette) Rules 1978 provide as follows:
• Rule 16. Advocate and solicitor to uphold interest of client, justice and dignity of
profession.
An advocate and solicitor shall while acting with all due courtesy to the tribunal before
which he is appearing, fearlessly uphold the interest of his client, the interest of justice
and dignity of the profession without regard to any unpleasant consequences either to
himself or to any other person.
• Rule 18. Advocate and solicitor to conduct with condour, courtesy and fairness.
The conduct of an advocate and solicitor before the Court and in relation to other
advocates and solicitors shall be characterised by candour, courtesy and fairness.
• Rule 31. Advocate and solicitor to uphold dignity of profession.
Every advocate and solicitor shall at all times uphold the dignity and high standing of his
profession.
o Rude letters can get one into trouble.
o See the Australian case of Council of the Law
Society of NSW v Griffin, where a solicitor
wrote to the judge hearing a case complaining
about a decision in discourteous terms.
o At https://svensonbarristers.com.au/wp-
content/uploads/2018/07/The-solicitors-letter-
2018.pdf
o Wooliness
An inability to come to the point quickly is sometimes referred to as ‘woolliness’.
The Oxford English Dictionary describes “Woolly” as: “Woolly: Lacking in
definiteness or incisiveness’ ‘muzzy’; (of mind [style]), etc.) confused and hazy.”
Legal letters which use language which is “confused or lazy” are something to be
avoided.
Woolliness is that fault of style which consists in writing around a subject instead of
on it; of making approximations serve as exactitudes; of resting content with
intention as opposed to performance; of forgetting that whereas a haziness may
mean something to the perpetrator, it usually means nothing (or an ambiguity) to
the reader or listener.
The ideal at which a writer should aim – admittedly it is impossible of attainment –
is that he writes so clearly, so precisely, so unambiguously, that his words can bear
only one meaning to all averagely intelligent readers that possess an average
knowledge of the language used.
o Archaisms
Archaisms are words which are old and should not be used in
modern parlance. The Oxford English Dictionary defines
‘archaism’ as:
“1. The retention or imitation of what is old or obsolete; the
employment in language, art, etc., of the characteristics of an
earlier period; archaic style. 2. An archaic word or expression.
Also, an archaic feature in script.”
Examples of archaism - “hereof”, “heretofore”, “hereunto”,
“thereafter”, “thereof”, “therefore”, “whereas”, “wherefore” and
“whereof”.
We all use them but they are actually very outdated words and
should be avoided.
The meaning can usually be achieved using much more simple
language. Consider – “of this” (cf hereof) and “but” (cf whereas).
• Alternate and alternative
o Many words are used incorrectly.
o A good example is the prevalent use of “alternate” when “alternative” is actually
the word (and meaning) which is intended.
o Each of the words “alternate” and “alternative” have different meanings. The first
means “every other”. For example, alternate days are Monday, Wednesday and
Friday. However, alternative means “available instead of another”. For example,
“We took an alternative route”. The words are not interchangeable.
o Similarly, alternately and alternatively have different meanings but are often
misused. Alternatively means “offering a choice”, or “offering the one or other of
two things of which either may be taken”. For example, one could fly or
alternatively travel by road. Alternately means “by turns” or “in an alternating
manner” and is not a substitute for alternatively.
• Simplification or Plain English
o There is no doubt that lawyers like to use big, important words.
o Presumably, if one uses such words, it is more likely that one will be seen as big
and important.
o However, there is often a simpler word which is more direct. Consider some
examples:
(a) ‘help’ instead of ‘assist’;
(b) ‘try’ instead of ‘endeavour’;
(c) ‘buy’ instead of ‘purchase’;
(d) ‘about’ instead of ‘approximate’;
(e) ‘enough’ instead of ‘sufficient’;
(f) ‘dressed’ instead of ‘attired’;
(g) ‘ask’ instead of ‘inquire’;
(h) ‘shut’ instead of ‘closed’;
(i) ‘if’ not ‘in the event of’;
(j) ‘allow’ not ‘afford an opportunity’;
(k) ‘because’ not ‘by virtue of the fact that’; and
(l) ‘happen’ not ‘eventuate’.
o It will not always work but consider whether a more direct, simple
word is just as good, or better, than a big, important word.
o Above all, avoid ‘hereinafter’, ‘heretobefore’ ‘ultimo’, ‘inst’ and
‘aforesaid’. They have no place in a modern legal letter.
• Prolixity
o Sentences which are too long are often prolix, that is to say they use
too many words.
o In 1935, A.P Herbert gave a good example, in a section of his book
about plain English in what he described as “Commercialese”:
“‘Madam, We are in receipt of your favour of the 9th inst. With regard
to the estimate required for the removal of your furniture and effects
from the above address to Burbleton, and will arrange for a
Representative to call to make an inspection on Tuesday next, the 14th
inst., before 12 noon, which we trust will be convenient, after which our
quotation will at once issue’.”
o Sir Alan reduced it by eliminating unnecessary words:
“‘Madam, We have your letter of May 9th requesting an estimate for
removal of your furniture and effect to Burbleton, and a man will call to
see them next Tuesday forenoon if convenient, after which we will send
the estimate without delay’.”
o The revised letter contains 42 words instead of 66:
“‘Madam, Thank you for your letter of May 9th. A man will call next
Tuesday forenoon, to see your furniture and effects, after which,
without delay, we will send our estimate for their removal to
Burbleton’.”
o The end result is 35 words rather than the original 66; or 157 letters
instead of 294 letters.
• Why write clear, simple letters?
o There are other reasons to write clearly and simply. Lawyers use
words as tools of trade. They should be respected and used
correctly. Overuse, or poor use of words is what we should not be
doing.
o Apart from anything else, it brings the law and those who practice
it into disrepute. Charles Dickens had no affection for lawyers,
indeed many of his legal characters are most unsympathetically
described. Of the many examples, here are a few:
• Mr Vholes, a lawyer in “Bleak House” – “…a sallow man with pinched lips that looked
as if they were cold…”, “…dressed in black, black gloved and buttoned to the chin…”,
“…so eager, so bloodless, and gaunt...”, “…always looking at the client as if he were
making a lingering meal of him with his eyes.”; (b) Sampson Brass from the “Old
Curiosity Shop” – “A tall, meagre man, with a nose like a wen, a protruding forehead,
retreating eyes and hair of a deep red with a cringing manner and a harsh voice.” His
face being “…one of nature’s beacons warning off those who navigated the shoals and
breakers of the world, or of that dangerous strait, the law’”;
• (c) Uriah Heep in “David Copperfield” – “…was a red eyed cadaver” whose “lank
forefinger” when he reads makes “clammy tracks along the page…like a snail”, also,
“…he had a way of writhing when he wanted to express enthusiasm, which was very
ugly”; (d) other lawyers infest dimly lighted, mouldy offices “…like maggots in nuts.”.
57. It should not be hard to do a bit better than as Dickens would like us portrayed.
• Punctuation:
o Punctuation after the salutation and complimentary closing:
use a colon (:) after the salutation (never a comma) and
a comma (,) after the complimentary closing.
In some circumstances, you may also use a less common
format, known as open punctuation. For this style,
punctuation is excluded after the salutation and the closing.
Formal Letter Sample
Legal Drafting
• Why is legal writing so hard?
o For anybody who is not a lawyer and doesn’t have to do legal drafting, you’ll just have to
trust me – it really is.
o Despite its challenges, the most effective lawyers are those who
appreciate the importance of great legal drafting, and actively implement strategies to
improve their drafting skills.
o The best way to do this is not with tricks and gimmicks, but with attention to the
fundamentals of good legal writing.
o One of the burdens that young lawyers in particular face is trying to get a product
(whether it be letter, pleading, brief to a barrister or a submission) that will be
signed off by their supervisor.
o If there is any frustration in this process, it ordinarily doesn’t arise from changes to the
legal points or conclusions reached – it comes from
changes to form, rather than substance.
• Legal Drafting Requires Knowledge of your Audience
o As with many aspects of being a lawyer, legal drafting is not about the drafter
– it is about the recipient. That should be the starting point of
any document that you are producing.
o You’re not normally writing for your ego, your boss (within reason) or your
university lecturer. You’re writing for your audience.
o Judges, clients, colleagues, opponents, journal readers – they all have
different experiences, perspectives, and knowledge. The
more you know about your audience, the better you will be able to write for
their benefit. Don’t forget that sometimes you will have more than one
audience to cater to as well.
o Although the concept is broad, here are a few examples of how knowing
your recipient is important:
• A sophisticated client (let’s say a bank) will not always require complex explanations of
otherwise straightforward tasks. If you are discussing bankruptcy with the debt
collection department, you will probably assume a certain amount of background
knowledge without waxing lyrical about the ins and outs of the bankruptcy process.
• Letters to “once off” or unsophisticated clients (say an individual requesting advice on a
taxation matter) might require changes in terms of the language used.
Tone down the complexity, use a different sentence structure and avoid the use of
industry specific jargon.
• In Court submissions generally the look and feel of these documents is set. However,
the content still needs to be importantly considered. In this case, don’t forget that your
job is to persuade, not to advise. You are trying to explain to the Court why it should
accept your approach to a particular set of facts when applying the law. Both parties
will know the law and both will know the facts that are asserted – each, however, will
have materially different submissions. Your job is to make your side of the argument
persuasive, while still ensuring you comply with your duties of frankness and candour.
• Good Legal Drafting has a Defined Point
• By far the worst drafting that exists is the long-winded waffling style of legal letter that we’ve
all seen (and occasionally written).
• Such a style has one major problem – it lacks a discernible point. Many words are used, and
they are frequently eloquent and delightful.
• Unfortunately, whatever point we were trying to make in the task becomes lost in a maze of
unnecessary ink.
• Often, this is a result of the writer not figuring out in advance what the point of the
document actually is. If you take a minute beforehand to ensure you know what the primary
point of your document, paragraph or letter really is, then you can ensure your drafting is
refined and targeted to that end. Of course, a complex document might have multiple points
– but that doesn’t mean you have permission to go down every rabbit hole your brain takes
you to.
• Hot Tip: After you have produced your document, make sure you go back and check it. If
anything you have written is not necessary to make your point/s – then take it out.
• Have a Defined Structure
o Even the shortest document should have a good structure. Moreover, the
framework of your product will dramatically impact the effect you have.
o Should your primary point be made first, or last? Is an executive summary
necessary?
o How much detail is needed?
o Does X need to precede Y, or is the opposite more appropriate?
o The answers to these questions depend upon the nature of the task and
its audience. No matter the subject, however, a deliberate and meaningful
structure has to be considered. If your words have just fallen onto the
page then step back – think – and ensure the big picture is correct.
• Deceptive Simplicity
• Words are one of our primary tools as lawyers. We use them frequently, but if we
don’t take the time to hone them they will become dull, and we’ll make mistakes.
• I’m sure you know that Latin in almost all contexts is out.
• But what about jargon? Technical language? Should you paraphrase legislation or
quote it?
• The talent of the best advocates in the world is that they can take a complex
subject and express it in simple terms.
• That does not mean using childlike language. It means simplicity of expression,
concise use of language and an appreciation of the subtle message that one word
will send, where another would not.
• It’s harder than it seems. But simplicity will always be more powerful than
complexity.
• The Best Legal Writing is Authentic
• Authenticity of expression (in particular when writing to clients) is
a critical component of relationship development.
• This is where phrases like “we note that” and “be advised that”
really drive me nuts.
• Nobody talks like that. Nobody writes like that in the real world.
• So why, when lawyers decide to write, do these ridiculous phrases
creep in so frequently? In fact, I dislike it so much I made a video
about it.
• How Long Should a Legal Letter Be?
• Only as long as it needs to be. No more. No less.
• The Best Sentence Structures in Legal Drafting…
• This really goes along with both having a point, and simplicity of
expression.
• Young lawyers have a tendency to graduate with an amazing talent to
string concepts together. The result is that within a single sentence I can
find 3, 4 or more ideas. If you want to make a point, then make that point.
• Then make another one.
• Separately.
• By itself.
• Effective Legal Drafting has a “Call to Action”
o It’s not just marketing hype – most legal writing needs to end with a
discernible call to action.
o What is that? It’s the thing that you want the recipient to do.
o You might want:
the Judge to make particular orders
the other party to acquiesce to your demands
your client to give you certain instructions.
o If I can’t get to the end of your letter and know precisely what will be
happening next and what I need to do – then you’ve forgotten a
critical element.
• Minimise Errors
o I don’t like to get caught up on this (especially since I am a frequent
breaker of this rule) but you’ve got to read things before submitting
them.
o Properly.
o The most common errors are found in the parts that get less attention –
the address block, the subject line, the “your reference” parts, the
footers.
o Beyond that, though – check for apostrophes, plurals, missing words
(want to get sued? Try forgetting the word “not” in a bad place).
o A little attention to these topics will put the polish into your final
product.
• Use Feedback
o Pay attention to what happens to your drafting. Where does the red
pen find itself most often? What is unclear to your supervisor? What
questions get asked?
o Does your client always call you, confused, straight after receiving
your letters?
o These are all fantastic guides to the places you need to improve your
legal drafting, and paying attention to them will see you improve.
o Of course, sometimes it will be a style difference and you need to
decide what matters more – maintaining your style, or getting
something signed and out the door.
8 Core Legal Drafting Tips
• My main tips for effective legal drafting (whatever the document might be) are these:
o Know your audience – if you don’t know the client then you might just have to take a stab here, but try and make an assessment of
the client’s sophistication and desired inclusions.
o Know the purpose – what is the document for? Is it to advise, update, remind, encourage, exhort, justify, complain or cover the
firm’s backside? What ever it is – if you don’t know the purpose of the letter, how can you achieve it?
o If in doubt, use shorter sentences rather than longer ones. A former partner I worked with continually threatened to ban me from
using the word “and”. Distressingly, I think he was probably on to a good idea…
o Don’t use words that do not add anything to the letter. Nifty phrases like “we advise that”, “we note that” are all the rage – and are
almost always redundant. Primarily these phrases pop up when somebody doesn’t know how to start their sentence and fears that
without a nice little introduction the letter will seem abrupt. Sometimes that is right – but normally it is not.
o Assume your document will end up in front of a judge. It doesn’t matter what area of practice you are in, there is always a chance
that one day a judge will be looking at your document and assessing how it impacts on a decision. Make this your yardstick – if you
don’t want it read out in Court while you are standing there, don’t write it down!
o Don’t use jargon if at all possible.
o Don’t use case citations most of the time. Law school has taught every student that their legal knowledge must be displayed through
a ponderous swathe of legal citations. This is false. In fact, ordinarily case citations are an annoying distraction from the content of
the letter. Citations do have a place, but should be used judiciously in most correspondence and documentation (Court submissions
are an obvious exception).
o Read it all a second time – properly. I confess that I have failed in this on a number of occasions, and I always regret it when the
Partner finds a simple typo that I should have corrected which delays my letter going out.
o There are some general legal drafting tips for those looking to produce a quality document.
General Legal Drafting Tips
• Always show your letter to a friend, your union representative or
someone you trust before you press that “send” button. Do a rough
draft first. Better to take advice before rather than after.
• Never send a letter in anger!
• Microsoft Spell Check is the lazy person’s wonder tool but don’t rely
on it. Check your spelling, grammar and punctuation. Unless your
letter is very short, print it off and read it carefully. Sloppy spelling,
poor grammar, dodgy punctuation, overlong paragraphs and poor
layout undermine the impact of your letter.
• Write in a low key and understated manner. Always assume your
letter will be read not only by those it is intended for but also by
others. Always sound reasonable!
• Don’t let the tone of your letter get in the way of its message.
Remember, it may be raised in supervision, as evidence in a grievance,
or even in court.
• Asking questions can be more effective than making statements. So,
asking why a decision has been made (or not made) is usually better
than attacking the decision.
• You can always ask more questions when you get a reply.
• If you make a statement be sure it is correct. Understate rather than
overstate. If there is any doubt, then qualify what you are saying. Use
phrases like “I understand that” or “this document appears to suggest
that” rather than be put on the defensive by slightly overstating your
case. For example, it is generally better to say “it is widely believed” than
“I know”, unless you are absolutely certain and can reveal your source.
• If you have evidence to back up your claims, then use it. Use your
judgement and training to determine how sound the evidence is,
whether it can be relied upon, how it might be challenged and whether it
does actually support or prove your case. Be extremely careful to respect
patient confidentiality. Anticipate what the response might be to your
points.
• If you quote someone else as supporting what you say be sure they will
back you up when the pressure is on. If possible get them to put their
name to a statement. Make sure they know you are referring to them
before you send your letter and that they are happy with what you say.
• Get the balance right. Get the length and layout of the letter right. Too
short and it can sound rude or abrupt. Too long and it may not get read
or the points you want to make may get lost.
• Where appropriate use numbered paragraphs and bullet points. Make
clear what you hope your letter will elicit by way of reply. Always date
letters and set out a clear subject heading.
• Emails are almost always better than hard copy letters. Letters can
get lost but with emails you can be sure they have arrived (even check
when they have arrived and been opened in some systems) and you
always have a copy (provided you back up your hard disc regularly!). It
is also easier to copy them to other people, when that is appropriate.
• If you are writing to someone very senior or someone outside your
organisation then a letter with a signature may be more appropriate.
Be careful about using your employer’s headed notepaper in case it
looks as if your views purport to be those of your employer.
• Make sure the person you are writing to is the right person to write
to at this stage, and think carefully about who (if anyone at this
stage) should receive a copy. If the concern you want to raise should
be raised with your line manager in the first instance, do not send it
to his boss as well.
• The manager will feel undermined and anyway his boss will tell you to
discuss it with your own manager first. On the other hand if your
concern is an employer-wide one (such as lack of resources or
unlawful policy) then it may sometimes be appropriate to send it
further afield, but if so tell your manager that is what you are doing.
• Be straightforward and honest! It is not a smart idea to claim a letter is private
and confidential and then be confronted with evidence that it is circulating
widely. On the other hand there will be circumstances where you will want your
manager to know that you have raised your concerns with others, such as your
union representative, team members and so on. If it is a group letter, of course, it
is appropriate that all who have consented to being identified as supporters are
copied in.
• Make sure the purpose or subject of your letter is clear to the recipient. A long
and rambling letter that leaves even a sympathetic recipient unclear as to what
you want them to do is counterproductive.
• Your heading should make clear what you are writing about and the letter must
explain what you are suggesting should be done. If you are writing to raise
concerns in accordance with a professional Code then the letter should refer to
the relevant sections of the Code.
• Take extra care with letters intended to initiate a grievance or a
formal complaint. You must take advice. Your first letter must set out
very clearly what your complaint is and what action you are seeking in
response. A letter from a trade union representative or a health and
safety representative should follow similar guidelines. If union
representatives or full time officials are writing to management on
your behalf, then those on whose behalf it is written should normally
see the letter before it goes. Staff should normally know what is being
said unless there are exceptional reasons (such as confidential
matters about an individual member of staff).
End