Monday, October 10, 2011

The Legal Writing Style: How to Write Like a Lawyer | Suite101.com

IRAC: Issue, Rule, Analysis and Conclusion - University of Connecticut School of Law
IRAC: Issue, Rule, Analysis and Conclusion - University of Connecticut School of Law

Lawyers Use a four part method, called the IRAC Method, for writing legal arguments.

In legal analysis, lawyers are trained to write using the IRAC format. IRAC stands for Issue, Rule, Analysis and Conclusion. An effective legal argument follows some form of the IRAC structure where it is organized around each of these elements for each issue and sub-issue identified as a legal problem. First, identify and state the legal issue. The issue is the most important element in the analysis and must be stated in a way to show what is in controversy. The legal question is a combination of the law and the facts particular to the problem of your analysis. This preliminary statement should be concisely written, that is short and simple. Describe the rules governing the resolution of the issues. If the issues have to be decided under certain laws or rules, lay them out for the reader. In analysis section, examine the legal issues raised by the facts in light of the rule, and then apply the facts to the law. Your statement of the rule will drive your organization of the analysis. You simply match up each element you have identified in the rule with the corresponding fact, using the word ?because? to make the connection between rule and fact. Analysis entails applying the facts to the rules support the resolution you are seeking. It is important in this section to explain or argue why a particular rule applies or does not apply in the case presented. Finally, in the conclusion, restate the issue and provide the final answer by stating exactly what you are seeking to accomplish and explain why that conclusion is justified.

Below is a short list of books that used as resources for learning and improving my legal writing during law school and still today:

Legal Writing in Plain English: A Text With Exercises by Bryan A. Garner (Jun 5, 2001)

Point Made: How to Write Like the Nation's Top Advocates by Ross Guberman (Mar 23, 2011)

Plain English for Lawyers (5th Edition) by Richard C. Wydick (Jul 30, 2005)

The Redbook: A Manual on Legal Style (2d Ed.) by Bryan A. Garner, Jeff Newman and Tiger Jackson (Jul 18, 2006)

ALWD Citation Manual: A Professional System of Citation, Fourth Edition by Association of Legal Writing Directors and Darby Dickerson (May 13, 2011)

Manual of Style for Contract Drafting by Kenneth A. Adams (Dec 16, 2008)

The Winning Brief: 100 Tips for Persuasive Briefing in Trial and Appellate Courts by Bryan A. Garner (May 13, 2004)

Copyright Frank Rappa. Contact the author to obtain permission for republication.

Source: http://frank-rappa.suite101.com/the-legal-writing-style-how-to-write-like-a-lawyer-a392547

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