PREDICTIVE WRITING

Study Unit 3 eLearning RPK 214

LEGAL ANALYSIS PREDICTIVE ANALYSIS

- Considers

authority & predicts outcome

-Opinion - Advice

LEGAL WRITING Academic writing LEGAL DRAFTING

- Contracts - Letters - Wills, trusts, etc.

PERSUASIVE ANALYSIS

- Persuades reader

of client’s case

- Arguments - Letter of demand

PREDICTIVE vs PERSUASIVE WRITING

Study Unit 3 – Study the features of and difference between these two types of writing well!

Predictive writing....investigative, probing, searching....

Legal opinions, letters to clients...

Persuasive writing...convincing, mind-changing...

Heads of argument, letters of demand...

vs

SYSTEMATIC APPROACH TO LEGAL WRITING

A. PRE-WRITING STAGE 1. COLLECT FACTS 2. IDENTIFY PURPOSE / INTENTION OF WRITING / ISSUE

• • •

What is to be accomplished? What should be included?

Persuade / inform?

3. CONSIDER AUDIENCE

• •

Who will use document?

What does the reader know?

4. CONSIDER CONSTRAINTS

•

Time limits

•

Mailing requirements, etc.

B. WRITING STAGE

1. ORGANIZE THOUGHTS & MATERIAL

• • •

Persuasive / informative?

Set up outline of document Strategy?

2. WRITE

• • •

Sentence structure & style Language!

Persuasive / informative techniques 3. AVOID ORGANIZATIONAL, GRAMMATICAL & LEXICAL WEAKNESSES

C. POST-WRITING STAGE

ONE DRAFT OF A DOCUMENT IS NEVER ENOUGH

1. READ CRITICALLY 2. EDIT & REVISE 3. REWRITE