LEGAL ARTICLE WRITING

Author: Arushi Sharma, L.LM. (Intellectual Property Laws), Advocate, Delhi High Court

Introduction

“The life of the law has not been logic; it has been experienced.”

– Oliver Wendell Holmes

As much as many people feel the need to support or criticise lawyers or the field of legal profession per se, it is also noted that this field has a variety of experiences that await the life of law enthusiasts. The journey from studying for the entrance exams to be able to get into the desired law school and from learning about laws to graduating is an experience of its kind.

While aspiring lawyers may sometimes find it difficult to recall so much during their exams, writing for an exam is way different from writing a legal article. Indeed, the answers contain a lot of points such as case laws, examples, pointers for explanations along with different meanings connecting the whole structure in some way, an article is a more well-thought-out written piece that is meant for more than just the eyes of the faculty.

Throughout law school, many students despite being good orators and even better researchers, struggle with the idea of writing an article. This is why there’s a growing need for learning the art of legal article writing which has more benefits than students can comprehend. A legal article is just another form of an article written in connection to and about any topic concerning the legal field. Even though anyone with proper research skills, a pragmatic mindset and the will to explore the issues systematically can write a legal article, it is also imperative to note that one may need the help of technical jargons used in the legal field to enhance the flow and effectiveness of the article with which it is to be conveyed to the readers.

The right technique, as explained in this essay, can help anyone from a law student to a litigant or a researcher looking to have a firm grasp on legal fields due to the many ways in which this technique helps. Being a lawyer doesn’t mean simply defend your client, or seek justice or distinguish between right or wrong, or collect proof to support your arguments, what most people don’t realise is that it is much more than that. True, one may be into litigation and maintain a balance throughout their lives between their work and leisure time but giving something back to society has its own merits.

Writing about important issues that a law student/lawyer feels deeply about and mentioning certain possible reforms go a long way in enhancing one’s personality. It helps in not only sorting your thoughts but asserting your opinions about change and doing something which connects your conscience to a deeper level, thereby creating something new for the world to see and experience.

In this article, we will discuss important points to be kept in mind while writing a legal article, a few common myths that people have in mind regarding this form of writing, and for reference purposes the names and works of those who have managed to inspire others through their articles in this field.

Common Mistakes Made By Writers

High-quality writing abilities, particularly for lawyers and paralegals, are important in the law industry. Employers are also asked for a written sample if they apply for a legal job. Providing an unsatisfactory sample could harm your ability to land the job. On the other side, you can take a leg up on the market with an outstanding write study. It is an intelligent idea to construct a sample portfolio during school and early work. This portfolio should contain the finest work in various genres.

Below are five typical errors in the application of writing samples made by writers:

Bad Writing Sample

The red flag for employers is a poorly-written sample that involves fundamental spelling, word choices, sentence building or other consistency concerns. Below are several difficulties to be observed:

• Clarity of penalty

• Range of Vocabulary

• Redundancies and/or text mistakes •

• Compatibility.

• Voice and sound

• Arranging material

• Transitions and flow

• Structure of punishment

• Material holes

• Submission.

Have a mentor, professor, co-worker, or other trusted professional review your writing samples. If your writing skills need work, take a few writing classes or hire a tutor to help you improve your writing.

Typographical Errors

Although candidates pay particular attention to producing fault-free curriculum vitae and cover letters, their samples are also reviewed more closely. Many of them have been published publicly in law analysis and journals or have been sent to the court, and we witnessed many samples of typographical mistakes. A single form is sufficient to throw suspicion on the examiner and exclude you.

Samples of off-topic

Check to ensure that the samples meet the request of the boss and the work criteria. For eg, you do not apply your senior term paper on psychosocial behaviour while seeking an associate position. Give a demo that proves you can do the work you're applying for instead. For starters, you can file a brief, petition or memorandum of Law if you apply in the litigation department. When you qualify to be a company paralegal, send a request, a trust arrangement or a related contract document.

Infringement of orders

Follow the instructions of the work ad or potential employer for sending written samples, particularly for:

• Sample sort: Ensure that the sample type that you send (i.e., short, communication, motion) suits the request of the supervisor in the format, style and substance of the submission. If your portfolio doesn't contain a sample, create a new sample for your composition.

• The number of written samples: Don't give too many or too few samples. Where a number is not specified, the good rule on the thumb is two samples (at least one and max three samples). Employers of occupations have no more than three samples to read.

• Duration of report writing: Follow the directions of the employer on your sample rate. In law, writing excerpts appear to be longer (5-10 pages) in the employer industry so that you can test your capacity to argue and discuss points of law with persuasiveness.

• How to submit: Some employers will like e-mail attachments that are sent to their samples, while others want them to be sent to their address.

Confidential Knowledge Disclosure

Writing samples in practice requires extra attention because of attorney/client rights, classified details and questions about secrecy. If you send samples in writing of a past or pending event or transaction even if it is a closed or closed case, it is necessary to delete both parties' addresses, customer names and any information that is sensitive or confidential. You should overwrite fake identities, statistics and details to maintain the flow of the content.

Points to remember for Legal Article Writing

How to write is what you cannot teach, it comes from inside, the thoughts, the subject you work with. The legal article however is distinct from the other type of writing, which has to be right. You should write only if you're interested in the subject, otherwise, it's only a regular piece of paper with little significance. Two aspects are checked, as a law student or also as a client:

● Knowledge in interpreting

● Capacity to compose

And in the art of writing legal papers, one must be fine.

Any rules must be kept in mind until a legal article can start to be published.

a) Headline of the article- Why should you and not the others read your article? The headline of the article must be important, enticing, but it mustn't be carried away as all suggestions are mentioned, meaningful, meaningful and related to the document.[1] Often a personal statement writer can be engaged to brainstorm and a personal name or logo can be created to assist with this. If they don't, the reader will grasp the essay and continue. The standard of your item is also decided in the first paragraph so aim to take an impressive start since the first impression is the last.

b) To the point- The item should be specifically connected to the subject and not distracting from it, as the reader loses track in that relation. It must be short and narrow. If you want to make this brief, the article would draw more readers, too, so it is easier for the reader to read it. Either the paper must ask a question, make a point or offer a solution. The writer must read the subject in the paper.

Create a checklist even before you submit a draft so the item must be flowing, one thing and the other in one format. The writer does not jumble up so he must note first that it is necessary to state the facts and then to address the problems, then to apply the regulation (which areas of law one is using), and then to evaluate and eventually conclude.

c) Usage of legal jargon- Audience must be known and their words selected. If a person writes to a common man, they ought to avoid complicated words and the same should be clarified in the layman's language if their use is appropriate. When you write for a contest, you should use your legal vocabulary, so you shouldn't pretend to want to flaunt it.

d) Proof- This article can include a survey or a graph to show one point, bringing more focus and adding importance to the article. "Should Section 377 be legalized, for example?" These are small things, but they are of considerable value, sometimes you should add pictures when they're eye-catching. There are just so many NO photos, but one or two wouldn't matter at all.

e) Abstract- If an essay is not quite detailed, an abstract must be given. The abstract can contain one to three paragraphs and express the questions with which the essay deals.

f) Case Laws- One should strive to use various jurisdictions to help the reader grasp the situation, and the author even levers on other authors so one should not use cases just for the sake of it. It's equally necessary to list instances, there are many means of quoting, but the quotations from the Bluebook still work.

g) Conclusion- A conclusion to be straightforward must be drawn in the paper. The whole essay must be summarized and an alternative should be given or a comment made and the explanations behind your statement should also be provided.

In addition to this fundamental thing, the research study is another important thing. First, you can begin your study by going to the library, a university library or public library, where books can be read about the problem. The author could then switch to the search engine. The database has to be correctly searched and used. Writing and learning about the subject is very helpful with a few legal sites like HeinOnline, LexisNexis, etc. The study must be translated from generic to particular. Get an approach to the essay and aim to stay in one-two main places rather than writing all about the subject, which would help to simplify the article, instead of covering the entire topic. The legal article thus makes a great deal of sense and would earn appreciation if it instills everything together with imagination and originality.

Conclusion

Even though we see an increased level of awareness in recent times, a tool like legal article writing can help with a lot of issues that our society faces at present.

Knowing more about how to draft an article which is not only impressive or catches the eye of the reader in one instance, enables us in our personal growth as an individual, as a lawyer, as a researcher and as someone who wants to convey a message/point through their research work.

Bibliography

1. Adams, Kenneth A. (twenty-third August two thousand six). "Copyright and the Contract Drafter" (PDF). New York Law Journal. Retrieved nine April two thousand eighteen.

2. "Bryan Garner on Plain English". plain language.gov. Plain Language Action and Information Network. Retrieved twenty-fifth February two thousand eighteen.

3. Butt, Peter (twelfth September two thousand two). "What is plain language law and why use it?". Law and Justice Foundation. Retrieved twenty-fifth February two thousand eighteen.

4. "Legal Citation Guides/Authorities (U.S. Based)". Harvard Law School Library. Twenty four August two thousand seventeen. Archived from the original on twenty-sixth February two thousand eighteen. Retrieved 25 February 2018.

[1] Citation Guides from Foreign Jurisdictions". Harvard Law School Library. 24 August two thousand seventeen. Archived from the original on twenty-sixth February two thousand eighteen. Retrieved twenty-fifth February two thousand eighteen.