What makes Legal Writing different from Other Forms?

Legal writing is a type of technical inscription used by lawyers, judges, and other legal professionals to express analysis, rights and duties pertaining to the law. It is different from, let's say academic essay writing, in that it relies heavily on authority and precedent. Assertions must be backed up and cited properly in this form. If you are considering joining the profession, but unsure about what exactly sets it apart from other forms, here are a few characteristics unique to the discipline.

Something Old

Legal writing isn't legal without comprehensive and extensive use of technical terminology. There are some words and phrases unique to law like tort and fee simple. But there are also other phrases that were used in American language before dying off like herein, hereto, and wherefore. These are considered archaic by normal standards, but functional in legal documents.

Something New

Although legalese (legal writing intended to be difficult to read by a common person) is almost a dead craft, there are still certain features that make the field formal. Content can take the form of long sentences, complex constructions, archaic words and focus on copy in a manner that either unknowingly or purposely excludes readers. Some of this is justifiable, as it is necessary to the profession, not the general public. Others times, modern downplayed legalese is counteractive, especially when documents need to be conveyed to nonlawyers.

Something Borrowed

There are loan words or phrases borrowed from French, and mainly Latin. The language is not italicized or made to appear any differently like it would in mainstream document creations. Legal wordsmithing also involve the infusion of quotidian words (words we hear every day), except the meanings are substantially different. Action – lawsuit. Consideration - support for a promise. Execute -to sign into effect.

Something Blue

Uniformity has a home in legal lettering. For the "creative" writer, this is where it may hurt. Precedence is established for forms, contracts and filings. This means that even though a case's content is customized to that case, the overall layout and preliminary language is similar if not the same as another case's documents. The discipline is strict and like the law, requires rules. The standards for American legal citation are defined in two rulebooks: ALWD Citation Manual and The Bluebook. The two are competitors, but generally cover the same integral guidelines to legal inscription. This style can be freelanced, but is difficult for "outhouse" professional writing services to pull off.