When you think about it, almost every course you take during your undergraduate degree has some sort of writing component. And while it may not seem like it at the time, almost every one of those papers—whether it’s a research paper, a term paper, or a law review article—is actually a type of legal writing. Legal writing is the practice of communicating complex legal information to legal audiences in a clear, concise, and persuasive manner. If you’re pursuing a degree in law and want to work in the legal industry after graduation, this kind of legal writing will be part of your job—and probably all of them. So what kinds of legal writing are there? There are many, but these 10 types are among the most common:
Briefs and other appellate documents
Briefs are probably the most well-known form of legal writing, but they aren’t the only kind. Appellate documents are different types of court papers that provide additional details about an existing case. These documents are often written by attorneys who represent the party who lost in the lower court and are intended to be read by an appeals court. Examples of common appellate documents include the opening brief, reply brief, and supplemental brief. Each of these documents is written to address a specific part of the case and must be drafted with a specific audience in mind. The opening brief is meant to introduce the case to the appeals court, the reply brief is a response to any arguments made by the opposing party in their brief, and the supplemental brief is written at the end of the briefing schedule to provide new evidence that relates to an issue that was already discussed.
Findings of fact and conclusions of law
Findings of fact and conclusions of law (FOF/COL) are documents that summarize the facts of a case and the judge’s reasoning for reaching a decision. The findings of fact section of the document is used to summarize the evidence presented during the trial, while the conclusions of law section is used to explain how those facts lead to a decision. FOF/COLs are typically written by attorneys who represent the opposing party and are intended to be read by a judge who is reviewing the case. The opposing attorney must be careful to only include information that actually helps his or her client win the case because any information that isn’t relevant can be stricken by the judge.
Nondisclosure agreements
A non-disclosure agreement (NDA) is a type of contract that specifies confidentiality and non-disclosure obligations in exchange for confidential information. These types of legal writing are commonly used in the technology industry, particularly with startups that may be considering launching a new product or service. The information being shared is often proprietary (i.e. the details of the product or service that isn’t available to the public) and the company receiving the information wants to ensure that it remains confidential. The NDA is meant to protect the company that’s sharing information by preventing it from being used against it in any potential future litigation.
Interrogatories and depositions
Interrogatories are written questions that are typically used in civil lawsuits to elicit information from the opposing party. The information being sought can vary widely depending on the case, but it often includes the opposing party’s name, address, contact information, and answers to questions about their background and experience.Depositions are oral examinations that are typically used in civil lawsuits and administrative hearings to elicit information from a party. The person being examined is called a “deposition” and the opposing party is called the “party deposed” because they are being asked to provide information in a public forum. The person asking the questions is referred to as the “direct examiner” or “deposing party.”
Confidential information requests/rebuttal reports
Confidential information requests (CIR) are used in various industries to request information from parties that are considered “qualified individuals.” These individuals are typically employees who have access to proprietary information and may be provided with confidentiality agreements. A rebuttal report is a type of confidential information response that is used in the healthcare industry to respond to a CIR. The rebuttal report is intended to explain why the information provided in the request is true and correct.
Product disclosure statements/marketing materials
A product disclosure statement (PDS) is a legal document that must be submitted with the initial marketing of a product or service. The PDS is a regulatory requirement that must be prepared by the manufacturer and must be reviewed by the regulatory agency before the product is approved for sale. Marketing materials are used in the healthcare industry to communicate with healthcare providers about the services offered by a healthcare organization.Marketing materials are often used in other industries as well, but they are usually written to comply with FINRA and SEC regulations.
Employee handbooks
Employee handbooks are legal documents that are written by employers to provide their employees with information about their benefits and responsibilities. Some of the information included in these documents is employment-related (e.g. what to expect from your job, what your benefits are, what is expected of you as an employee), while other information is related to employment-related benefits (e.g. how an employee can change their benefits).Employee handbooks are an example of a legal document that requires careful attention to detail. All of the information included in the document must be factual and relevant to the employees it intends to cover. Any information that isn’t relevant can be stricken by a judge.
Conclusion
Legal writing is an important part of every career path in the law. Whether you’re writing a brief for an appellate court or drafting a contract for a new client, it’s important to make sure your work is of the highest quality and meets the needs of your audience. With the right knowledge and practice, you can become an expert in any type of legal writing. Whether you’re interested in pursuing a career in law or simply want to brush up on your current skills, this list of types of legal writing will help you get started.