Writing a Legal Submission

An important skill for a lawyer is to write effective and persuasive written submissions. Written submissions condense the essential facts and legal arguments you will make in a case. There may be some overlap between facts, issues, legal principles and their application and the conclusions they lead to from time to time, and it can be difficult to divide everything into separate categories as described above. This shouldn`t be a problem as long as you actually address each step of F.I.L.A.C. during your submissions. The main thing is to clarify your position and the reasons why you took this position. “Your Honour, it is a question of whether the defendant is liable as guarantor. It is respectfully presented that it is him. Guarantees must be in writing and signed by those who give them. In this case, the defendant signed a document that, in my view, amounts to a guarantee. At the end of your speech, you ask the judge if you have any questions, and when they are answered, you say, “Here are my observations” or “Here are the submissions of (the party you represent).” Advocacy is a form of legal drafting done with the permission of the court and with the consent of both parties by the litigants or their lawyer in court for the purpose of presenting their arguments in writing instead of a hearing. In general, there is no rule of thumb when drafting observations, but the court has developed a method for drafting observations through the courts.

Suppose your first page is presented to the new fictional reader. Let us assume that this new reader does not know the file, does not know the facts and perhaps does not know the full depth of this area of law. With the new reader in mind, how do you distill the facts of your case and the basic context into a few paragraphs? So how do you distill the summary of your legal arguments in the next few paragraphs? 4. In applying the law to the facts of the case, the parties could agree that the requirements of the Property Act concerning writing and signature are met in this case. Your argument can focus on what has been guaranteed. The plaintiff could argue that the defendant must have secured all of the tenant`s obligations, as this is the only reasonable conclusion to be drawn in the circumstances. The defendant could argue that it is not possible to see from what has been written what should be guaranteed, so that Article 27 § 4 is not complied with. The defendant could go even further and say that the secured party fails because of the uncertainty, as there is no letter that could help clarify. The Biography and Law Firm Overview sections provide an opportunity to introduce the lawyer as a character and present the rest of the content by summarizing key achievements, strengths and highlights. When tackling these sections and the rest of the submission, it`s worth repeating the most important point – remember your audience. Although the firm`s website was created for potential clients, rankings are designed to grab the attention of the evaluator or analyst and show why your firm and lawyer stand out. Wondering if the New Reader only read the summary of your messages, could you win your case? Write your summary with this question in mind.

Are you interested in more writing tips for leaderboards? Contact me, Ada Kase, ajkase@jaffepr.com or my colleague Evyan O`Keefe on eokeefe@jaffepr.com. Finally, try to read written submissions written by other lawyers and in other proceedings. I learn so much when I read such examples and wonder how I can still improve my own designs. The strength of a submission lies in its consistency. When I write briefs, I start with case summaries to get a sense of a lawyer`s practice, accomplishments over the past year, strengths and personality. Then I look at the career from the big picture, including big accomplishments, participation in legal changes, extracurricular activities, volunteer and charitable work, education, and formative experiences, such as challenges as a woman or advocate for color. In another case, I wanted to highlight damaging confessions made in a WhatsApp conversation. I extracted a photo from that conversation, highlighted the confessions in color, and then inserted that image into my posts themselves. This made it easier for the reader to see the source document itself instead of having to turn to another set of documents.

Defendants often structure their entries with the slightly different I.R.A.C. sequence. This can be helpful if there is little or no challenge to the facts or a case, and if the plaintiff has already presented them to the court. Lawyers and the people writing for them must always be accurate in marketing materials, including submissions and appointments. The precision is beautiful – sharp, concise and direct. The example above is anything but sharp, concise, and straightforward. It is inflated and stagnant non-information. This article is based on a note I distributed to my team members. They contain my thoughts on what I think constitutes effective submissions.

Some of the following may be a matter of personal or team style. Don`t take any of the following suggestions as the only way to create your submissions. See what might work for you and adapt it to your style or business style. Leaving markers means you`ll be giving a neck or hint about things to come. It will pique the interest of the new reader and help guide the new reader for a later section. For example, you can write the timeline of events and you want to keep them clinical. You can include a sentence that leaves a mark for things to come: “As we will see below, this particular letter is crucial to grasp the parallel agreement between the parties. » Legal principles: Once the problems have been identified, discuss the relevant legal principles to solve the problems in some way.

“Legal principles” can be found in public authorities such as legislation, case law and legal texts. The application also supports the separate written defences of the first and third defendants, which were presented on ………. from ……………….., 200. were filed before this Court, with the main application that the action be dismissed in respect of the first and third defendants with costs, while the first defendant also seeks a judgment and order against the plaintiff within the meaning of paragraph . the written defence of the first defendant. The argument is based on the arguments and evidence presented at trial. I.R.A.C. stands for Issue, Rule, Application and Conclusion. They would apply the I.R.A.C. sequence.

to each disputed issue in a case. Application: This step links the relevant legal principles to the respective facts of your case. You would explain how the law applies to the facts for each issue in question. Your Lordship……….. The learned authors of …………….