3.2

Forms of Legal Writing

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INTRODUCTION

You will be introduced to the various forms of writing in this section, and then will learn to create these various forms throughout the program.











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Lecture Notes . . .

LEGAL WRITING
Words that will make your life easier as a paralegal: Whenever possible, use a form! I wish someone had drilled that into me when I started my career as a paralegal.

As a working paralegal you will need to be familiar with the different kinds of legal writing. At this point, it is not expected that you be able to create them. That will come later. But if the word "pleading" is mentioned to you, you should know how it differs from discovery documents. The function of a brief is different from a motion, etc. For now, just concentrate on the kinds of writing. The substance of those documents will come later. Here are some additional comments about the kinds of legal documents you may create as a paralegal:

PLEADINGS
The basic legal documents that set forth the positions of the parties. The major pleadings are:

- Complaint
- Answer
- Counterclaim
- Cross Claim (Third Party Complaint)
- Reply

DISCOVERY
Documents that parties exchange asking for information so that all the relevant facts are disclosed prior to trial. Discovery documents include:

- Interrogatories
- Request for Admissions
- Request for Production of Documents
- Request for Mental or Physical Examination
- Depositions

MOTIONS
Documents that ask the court to take some procedural step, Examples include:

- Motion for Summary Judgment
- Motion to Bifurcate
- Motion to Extend
- Motion in Limine
- Motion to Exclude
- Motion for Directed Verdict

BRIEFS AND MEMORANDA
Documents that try to persuade the court to act on something. While a motion asks for a matter to occur, a brief (often in support of a motion) argues why the motion should be granted.



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Exercise

Exercise
Introduction to Legal Writing





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