TOPIC 1: INTRODUCTION TO LEGAL WRITING
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1.1 Introduction: Writing is the cornerstone of good legal education. If you cannot think clearly, you cannot write clearly. Clear thinking is an aider and abettor in legal education and practice. All skills and taught in legal writing are transferrable and necessary for success in the practice of law or legal world generally. But what is good writing? This is not an easy question to answer. Many very different kinds of writing are considered "good" and for many different reasons. There is no formula or program for writing well. However, there are certain qualities that most examples of good writing share. The following is a brief description of some of the important qualities of good writing.
1.2 Important qualities of good writing Writing should have focus (Ideas): Any writing should convey an idea answering the question or issue being addressed. Don’t simply offer information that readers already have, share your unique thoughts and insights. Each paragraph should have a clear main point or topic sentence.
Writing should have development (Organization): you must understand when you write; organize your writing so that readers can follow your internal structure. Give information in the right amount and the right order. Each paragraph should support the central idea of the writing. Individual sentences should support the main point of the paragraph.
Writing should have unity: Every paragraph in an essay should be related to the main idea. Each paragraph should stick to its main point.
Writing should have coherence: An essay or paper should be organized logically, flow smoothly, and "stick" together. In other words, everything in the writing should make sense to a reader. Writing should have correctness (follow conventions): when people share a language, certain conventions or rules make it possible for everyone to communicate effectively. When writing, follow conventions of English-the rules of grammar, usage, and mechanics. Write in correct standard English, with complete sentences, and be relatively error-free.
Word choice (Language): In writing you must be precise. Help your reader understand your message by using the most precise word you know for your purpose.
Sentence fluency: Good writing contains a variety of sentence patterns and lengths. Sentence variety creates a flow that sounds smooth and polished.
Creativity: The best writing is that which carries some of the personality, the individuality of its author. Follow the above guidelines, but always strive above all to make your writing uniquely your own.
1.3 Good Legal Writing Lawyers use a lot of their time in drafting, in communicating mostly by the written word. However, in most cases we fail to the first object of writing is communication. Writing is a skill that can be learned. Indeed we can substantially improve our communication by learning a few skills and unlearning some ‘rules that get in the way of good legal writing. Here are some traits that mark good legal writing:
Good legal writing is good legal reading: writing is an act of communication. Good writers keep their readers in mind by communicating their message. Thus writing should be appropriate to its audience and purpose.
Good legal writing follows the rule: good legal writing follows the rules of grammar and syntax. It speaks in complete sentences, with subjects and predicates that agree and modifiers that are properly placed. Good legal writing also follows the rules of form that apply. For instance, many courts prescribe by rule the order or parts and required contents of briefs.
Good legal writing is precise: precision in legal writing is vital. The English language has a tremendous capacity for ambiguity, yet the law does not tolerate ambiguity. Precision in legal writing requires thoughtful consideration of just what one intends to say. It also requires expression. Using the right words means being aware of the differences between similar appearing words.
Good legal writing gets to the point: legal writers favour multiple words where one will do, engage in unnecessary formality or circuity of expression or adopt legalistic phrases. A good writer will not provoke the reader to seize control what to read. Good legal writing rejects roundabout and redundant expressions in favour of direct statements and economical word usage. It expresses thoughts in simple language.
Good legal writing has a beginning, middle, and an end; that is, good legal writing follows a plan of organization. The parts fit together and make logical sense in the order presented.
Good legal writing is good re-writing: good writing is rigorously edited. Pride of authorship, familiarity, fatigue, and lack of time are obstacles to effective editing. A good writer will set aside time to edit and will revisit his work afresh, approaching it with a healthy skepticism and no preconceived notion of what it is supposed to say.
How does one become a good legal writer: Practice, practice, practice.
1.4 Plain English. Plain English is presenting information so that in a single reading, the intended audience understands and acts upon it. Plain English means writing with the audience in mind and information clearly and accurately. It has the following characteristics: · Clear and simple; · Is appropriate to your audience (considering who they are and what relationship you want to have with them); · Is direct and personal; · Favours informal language, when appropriate; · Draws on common, everyday language; · Is accessible to wide audience; · Explains technical words in simple language; · Attempts to interest readers and hold their attention; · Relies heavily on simple sentence structures; · Generally avoids passive voice; · Is respectful of the reader.
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TOPIC 2: EFFECTIVE WRITING
To write effectively, you need to consider and carefully choose structure, content and style. Structure and content are largely determined by your specific writing task. Style consists of the words you choose, the sentences you combine them in, and the person you write to. In legal writing, task may be a legal opinion, memorandum, demand letter, written submission, a contract, pleadings, and an award in arbitral proceedings or even a judgment. The type of writing determines your structure content and style. Further the task ahead determines your psychological setting, plan and writing techniques among others.
2.1 The Psychology of Writing
When writing, you have to grab the reader’s attention. Psychology of writing deals with how you write and not why you write. Every time you write, you must be in a particular frame of mind and particular surrounding is preferred.
Consider the following when writing:
1. Where do you write?
It is advisable to write at a fairly quiet and relaxing place. Try and find some solitude without any sort of distractions. This is vitally important to writing well, especially when you do your final rewrite to make your work perfect. Further, avoid over relying on reference materials when doing your writing. This should only be used to confirm certain aspects of authorities and citations among others. Overreliance on reference materials rob a writer the natural ability to think and reason. It takes away one’s creativity.
2. What is your psychological frame of Mind?
You must be in a proper psychological frame of mind to write certain scenes. Always remember that your mood will be reflected in your writing. It is a psychological fact.
As part of socio-psychology of writing, note the following:
(a) Writing is hard for most people. The best writers are those who work hard at it. Endurance is the key. Keep at it until it is right.
(b) Write smart:
i. Initially concentrate on getting your ideas on paper; don’t worry about grammar or complete thoughts. Worrying about proper grammar at this stage will bog you down.
ii. Don’t worry about writing consecutively. Begin working on the easiest parts first.
iii. If you get ‘writers block’, e.g. can’t think of how to express your thoughts, just jot down notes for later and move on to something else. Come back to the ‘hard stuff’ later.
iv. Work from a developing outline. Begin with a rough outline and develop it as you progress. It is impossible to totally outline your work before you begin. But, developing it as you go will help you organize your work, point out logical flaws, and will result in a much more cohesive and smooth-flowing final draft.
(c) Plan on numerous drafts and keep them organized; It will take many drafts to produce a polished writing.
2.2 Outlines and Writing Plans
For purposes of planning a proper legal document, two paradigms are normally used. The paradigms provides organizational framework for which disputed element that most readers expect and find useful. The paradigms are IRAC and CREAC.
2.2.1 IRAC
The IRAC tool is a basic tool of legal writing and analysis. IRAC is an acronym for Issue, Rule, Application, and Conclusion.
1. Issue
First, identify the legal issue or question you will be analyzing. Your statement of the issue should track the question asked at the end of the assignment, otherwise known as “the call of the question”. It orients the reader to the precise point you are about to discuss and is typically one sentence.
State the issue in its own separate paragraph. Often, you will be able to state the issue in a single sentence. You should include a few important facts giving context to the general issue as it pertains to your case. Don’t add so many facts, however, that the issue itself becomes hidden. The statement of the issue should be succinct. For example:
The issue is whether X broke into and entered the house at nighttime given that he was arrested in the house just as the sun was setting.
2. Rule
Next, identify and discuss the legal rule or rules that you think apply to the issue. The rules may be drawn from authorities provided, statute etc. it informs the reader of the law pertinent to the client’s situation. It may be an entire rule or an element of a multi-element rule.
Start with general rules, which are also called umbrella rules. Then, if applicable, move on to the more specific rules that address the issue at hand within the general rule. The specific rules are called sub-rules. For example, a general rule might read:
“Night” is defined as the time between 30 minutes after sunset and 30 minutes before sunrise.
Use only rules relevant to the issue at hand. Avoid tangential rules.
Do not quote at length from the authorities you are using. Except for legal terms of art, you need to restate rules in your own words. Paraphrasing the rules helps you understand them and how best they serve your analysis.
Discuss all applicable rules in the Rule section. Don’t wait to add them later. Do not introduce any new rules in the Application or Conclusion sections.
3. Application
In this section, you must apply the rules to the facts you have been given. This is the most important, and usually the longest section of IRAC. At this point, you present your reasoning about the client’s facts in light of the law. Your goal is not to restate the facts, but to show whether the facts meet factual conditions in the element or rule under discussion. Throughout your application, you should draw clear links between the law and your facts.
A. Substantive Arguments
i. Be objective: be sure to analyze the case from both sides, the plaintiff’s and the defendant’s. Consider all the facts given and the logical inferences that can be drawn from them. Don’t make up facts or assume facts that have not been given when they cannot logically and categorically be inferred from the facts that have been given. If you need more facts to answer certain question, say so and explain why such facts would be important to your reasoning.
You will find that some facts help establish the elements required for application of the rule. Some facts will support the counterargument. Some are ambiguous and can be argued either way. Be sure to analyze and argue both sides of the issue, unless a particular issue is a “slam dunk” for one side or the other.
ii. Don’t be too conclusory: one of the most common faults of beginning legal writers is the tendency to state conclusions without telling the reader how they got there. Too often beginners write as if their readers know the law and the facts, and hence they cut right to stating conclusions.
Use fact-inference chains to avoid being too conclusory. Legal writers are skeptics and generally don’t have a lot of time. We expect that writers will work to convince us of the logic of their arguments and avoid conclusory ones, including explicit references to the facts and the inferences fairly supported by those facts in constructing sound arguments.
· For example: X had written numerous letters and e-mails to Susan, who did not reply, which suggests that he intended to see her when he went to her office building.
· General format: Fact Y indicates (or suggests, implies, etc) inference W.
B. Writing Techniques
1. Mirroring: Organize with paragraphs that follow the rule’s order.
Analyze each element of the rule separately, in the order stated in the Rule section you have written.
In general, if an argument is extensive and fairly evenly weighted for each side, use one paragraph to discuss each side. In other words, the discussion of each element of the rule will contain two paragraphs, one devoted to the plaintiff’s argument and one devoted to the defendant’s. If the authority is lopsided for one side or the other, you need not write a full paragraph on the side with little support.
For each element, present the argument for the weaker side first. End with the discussion supporting the stronger side, the side you think will prevail on that particular element. Then, at the end of the discussion on that element, write a sub conclusion on behalf of the winning side.
Keep paragraphs moderately short
(i) Use topic (thesis) sentences to begin each paragraph in the Application section. Topic sentences introduce the subject matter of a paragraph. Effective legal writing uses thesis sentences to introduce both the paragraph topic and your position on that topic.
Compare:
a. “X is accused of burglary.”
b. “X probably committed burglary because….”
The second sentence introduces the general topic of X’s criminal charge, but goes further by taking a position on the issue. In this thesis sentence you signal that in this particular paragraph you will provide the reasoning showing that X committed burglary.
(ii) When doing predictive writing, use hedge words in your topic sentences and conclusions (unless the outcome is relatively certain).
In sub conclusions and conclusions: we often use hedge words in conclusions in legal writing because few legal questions are certain; “In sum, X probably committed burglary”. Also as a practical matter, hedge words help you avoid looking foolish if a legal issue is resolved by a court in a manner other than you predicted.
(iii) Use transitions or signposts whenever you start a new point. Transitional words and phrases, or “signposts”, guide the reader through the analytical structure of your writing. They connect succeeding ideas and theses together or show the relationship between them.
Transitions and signposts such as “on the other hand” and “however” should be used to indicate that the writer intends to change perspective from analysis of side to the other. Without a transition, the two perspectives from opposing sides might run together and confuse the reader.
4. Conclusion
In a final paragraph, briefly state the conclusion you have reached as to whether the elements of the rule have been met. The conclusion should follow from the sub conclusions you have reached on each respective element. It should return the reader to the “big picture” of the overall issue at hand. Never add new information in the conclusion. It states whether the required element of a complex or simple rule are met or not.
2.2.3 CREAC
CRAC is the pronounced persuasive form of IRAC: Conclusion, Rule, Application and Conclusion. It is also only a beginning because it does not encompass the analytical foundations that support its conclusion.
CREAC is an improved acronym: Conclusion, Rule, Explanation, Application and Conclusion.
Conclusion: - include a one sentence thesis that summarizes the writer’s conclusion.
Rule: - include the legal principles that control the issue.
Explanation: - include precedent case discussions that illustrate the rule and that will later be used as a case comparison to client’s facts. These illustrations need to include the key relevant facts, as well as the holding and reasoning of the court.
Application: - state the thesis and apply the legal rules to the client’s facts before transitioning to analogies and distinctions with the precedent cases you already introduced in Explanation part. These case comparisons will support the writer’s thesis.
Conclusion: - gives the writers overall conclusion.
CREAC is mostly used in persuasive writing such submissions.
2.3 Drafting documents
There are different types of legal drafting. Some are designed to be persuasive and will require particular attention to be paid in selecting and organizing the content. The layout of a persuasive draft is often dictated by the line of argument intended to emanate from the document.
Some legal drafting is designed to be informative only. Many letters reporting to the client fall into this category. The drafts should contain all the information necessary and useful to the client.
Drafting agreements is done to create specific legal rights between parties to the document. Such documents are thus informative.
As part of legal practice, lawyers should be able to prepare a range of documents and formulate and present a coherent piece of writing based upon facts, general principles and legal authority in a structured, concise and, when appropriate, persuasive manner. Documents should:
· Meet the client’s goals, carry out client’s instructions and address the client’s concerns;
· Maintain a standard of care which protects the interests of the client;
· Deal appropriately with the client care and professional issues;
· Accurately address all the relevant legal and factual issues;
· Where appropriate, identify relevant options, including the costs, benefits and risks of those options;
· Where appropriate, demonstrate a critical use of precedents;
· Are logically organized;
· Form a consistent and coherent whole;
· Follow the rules of grammar;
· Demonstrate appropriate use of language;
· Are succinct and precise;
· Meet any formal legal or other requirement.
The following skills and matters relating to drafting are important for successful drafting of legal documents:
(a) Prepare to draft: preparation is essential to successful drafting. Without adequate preparation the document will take longer to draft and is likely to omit important matters. As part of the preparation you need to:
(i) Identify the clients’ goals, concerns and instructions.
(ii) Analyse all the relevant legal and factual issues.
(iii) Where appropriate, identify any options.
(iv) Identify the relevant precedents.
(v) Establish who has the responsibility to draft. Is it you or the other party’s advocate?
(b) Getting down to draft: once your preparation is complete, you can begin to draft. Try to find a quiet place and period in which you can devote time to producing a coherent complete draft. Before drafting substantively, you should prepare a skeleton of the agreement to ensure you do not omit any material facts or legal points.
(c) Appearance, style and content of the draft: print your draft double-spaced on A4 paper. Leave a generous margin each side, and at the top and bottom. It will assist in amendments etc.
Ensure that the draft form a consistent and coherent whole. Give each clause an appropriate heading, especially in drafting a lease or a commercial agreement, and number each clause and sub-clause consecutively.
Numbering should follow your skeleton outline which you prepared from your client’s instructions. Ensure that clauses drafted from scratch fit stylistically with the precedent used as a base.
Ensure that the draft is logically organized. E.g., correct placement of opening clauses, definitions, recitals, and operative clauses, impact of statutory provisions, contingencies, standard clauses, signature and schedules.
(d) Use of grammar and language
A lawyer is a skilled communicator. You must thus interpret the facts of a matter to fit into a legal context and communicate the legal conclusions to the client. Drafting and legal writing depend on written communication, which relies upon the written word solely to convey meaning.
(e) The process of amendment. Decide what amendments to make and make the amendments. Essentially there are five ways of making amendments. These are:
· By travelling draft (whether in hard copy or by electronic copy);
· By retyping;
· By letter, fax/e-mail.
· By telephone or meeting negotiation;
· By disk.
Whichever method of amendment you adopt, make sure that both he content and the position of your amendments are obvious.
(f) Plan, write, and revise: this three part analysis of the way of efficient writing is a helpful aid in breaking down the process into its constituent elements.
2.4 Revising
Revising is making decisions about how you want to improve your writing; looking at your writing from a different point of view; and picking places where your writing could be clearer, more interesting, more informative and more convincing.
There are generally three methods of revising. These are:
(1) A.R.R.R. – this method allows you to make four types of changes.
Adding: - what else does the reader need to know?
Rearranging: - is the information in the most logical and most effective order?
Removing: - what extra details or unnecessary bits of information are in this piece of writing?
Replacing: - what words or details could be replaced by clearer or stronger expressions?
(2) R.A.G. – Read Around Group.
General rules for read around groups include:
a. In each group, everyone reads each paper once. Nothing is written on the papers. This is the first reading. It is written to get a general idea about what has been happening.
b. During the first read, on a separate piece of paper, each person puts them on a scale of 1-4.
c. You discuss why you assigned the scores.
d. Staying in the same groups, you the revise the writings.
(3) A.R.M.S. Add, Remove, Move Around, Substitute. This is similar to A.R.R.R.
Revision gives you a chance to look critically at what you have written to see
· If it’s really worth saying,
· If it says what you want to say, and
· If a reader will understand what you’re saying.
2.5 Editing
Editing is what you begin doing as soon as you finish your work. You reread your draft to see, for example, whether the paper is well-organized, the transitions between paragraphs are smooth, and your evidence really backs up your argument. You can edit on several basis:
Content
Have you done everything the assignment requires? Are the claims you make accurate? Are your arguments complete? Are all of your claims consistent?
Overall structure
Does your paper or writing have an appropriate introduction and conclusion? Is your thesis/issue clearly stated in your introduction? Is it clear how each paragraph in the body of your paper is related to your thesis/issue? Are the paragraphs arranged in a logical sequence? Have you made transitions between paragraphs?
Structure within paragraphs
Does each paragraph have a clear topic sentence? Does each paragraph stick to one main idea? Are there any extraneous or missing sentences in any of your paragraphs?
Clarity
Have you defined any important terms that might be unclear to your reader? Is the meaning of each sentence clear? Is it clear what each pronoun refers to? Have you chosen the proper words to express your ideas?
Style
Have you used an appropriate tone (formal, persuasive, informal etc)? is your use of gendered language and words that some people incorrectly assume apply to only one gender e.g. some people assume ‘nurse’ must refer to a woman? Have you varied the length and structure of your sentences? Do you tend to use passive voice too often?
Citations
Have you appropriately cited quotes, paraphrases and idea you got from sources?
You edit at all these levels.
2.6 Proofreading
Proofreading refers to the process of reading your work for ‘surface errors’. These are errors involving spelling, punctuation, grammar and word choice.
The following steps should help you be a good proofreader:
· Familiarize yourself with the errors you commonly make by looking over the writing that has already been marked. Make a list of your errors, and check your writing for each of them.
· Carefully and slowly read your writing out loud. Often your ear will hear what your eye did not see.
· Read you writing, sentence by sentence, from the last sentence to the first sentence. This technique interrupts the logical flow of the prose and neutralizes any impression of correctness arising from your knowledge of what you meant to say.
· Use your dictionary to check any words of which you are unsure, and check for correct prepositions, verb, tenses, and irregular forms.
Some of the more common surface errors include spelling, punctuation (commas, apostrophes and periods), verbs, subject-verbs, pronouns, grammatical errors among others.
Most errors in written work are made unconsciously. There are two sources of unconscious error:
(1) Faulty information from the kinesthetic memory. If you always misspelled a word like ‘accommodate’, you will unthinkingly misspell it again.
(2) A split second of inattention. The mind works far faster than the pen or typewriter.
TOPIC 3: EFFECTIVE PARAGRAPH
A paragraph is a group of sentences which express and develop one central idea. It is a series of sentences that are organized and coherent, and are related to a single topic. Every writing you do that is longer than a few sentences should be organized into paragraphs. This is because paragraphs show a reader where the subdivisions of writing begin and end, and thus help the reader see the organization of the essay and grasp its main points.
3.1 Function of a paragraph
Paragraphs show a reader where the subdivisions begin and end, and thus help the reader see the organization of the writing and grasp its main points.
3.2 Paragraphs patterns
Most paragraphs have a three-part structure— introduction, body, and conclusion. It begins with a topic (thesis) sentence, contains material to support the topic, is held together with connecting ideas or connecting words, and concludes with a summary of the paragraph’s main idea.
Introduction: the first section should include the topic (thesis) sentence and any other sentences at the beginning of the paragraph that give background information or provide transition.
Body: follows the introduction; discusses the controlling idea, suing facts, arguments, analysis, examples, and other information.
Conclusion: the final section summarizes the connections between the information discussed in the body of the paragraph and the paragraph’s controlling idea.
3.3 Unity and coherence in paragraphs
A paragraph should be unified, coherent and well developed. Paragraphs are unified around a main point, and all sentences in the paragraph should clearly relate to that point in some way. The paragraph’s main idea should be supported with specific information that develops or discusses the main idea in greater detail.
In a coherent paragraph, each sentence relates clearly to the topic sentence or controlling idea. If a paragraph is coherent, each sentence flows smoothly into the text without obvious shifts or jumps. A coherent paragraph also highlights the ties between old information and new information to make the structure of ideas or arguments clear to the reader.
A number of techniques that you can use to establish coherence in paragraphs include:
Repeat key words or phrases: particularly in paragraphs in which you define or identify an important idea or theory, be consistent in how you refer to it. This consistency and repetition will bind the paragraph together and help your reader understand your definition or description.
Create parallel structures: parallel structures are created by constructing two or more phrases or sentences that have the same grammatical structure and use the same parts of speech. By creating parallel structures you make your sentences clearer and easier to read. In addition, repeating a pattern in a series of consecutive sentences helps your reader see the connections between ideas.
Be consistent in point of view, verb tense, and number: consistency in point of view, verb tense, and number is a subtle but important aspect of coherence. If you shift from more personal “you” to the impersonal “one”, from past to present tense, or from “a man” for example, you make your paragraph less coherent. Such inconsistencies can also confuse your reader and make your argument more difficult to follow.
Use transition words or phrases between sentences and between paragraphs: transitional expressions emphasize the relationships between ideas, so they help readers follow your train of thought or see connections that they might otherwise miss or misunderstand.
3.4 Paragraph length
Generally, length is not a critical factor in determining paragraph composition; rather, it is the unity and coherence of ideas that makes a collection of statements of paragraphs.
However, paragraphs should not too long. Try to keep paragraphs to a maximum of ten sentences. The break between paragraphs provides mental and visual relief to the reader.
Vary the length of your paragraphs. Some paragraphs will be long (8-10 sentences), but others will should be short (1-3 sentences). Varying the length of your paragraphs makes your writing interesting. Single –sentence paragraphs, when used sparingly, add emphasis to an idea.
3.5 Topic and concluding sentences
A topic sentence expresses the main point in a paragraph and usually comes first. A topic sentence has several important functions:
· It substantiates or supports a writing’s thesis statement/theme;
· It unifies the content of a paragraph and directs the order of the sentences; and
· It advises the reader of the subject to be discussed and how the paragraph will discuss it.
3.6 Paragraph blocks
A paragraph block is a series of paragraphs put together to form a complete whole. Each paragraph deals with an item but the ideas are flowing so that a seamless flow is established from the issue, rule, application and conclusion. A block is the basic unit of an xilize source file—is a group of contiguous lines of text. A block represents a paragraph. Blocks are separated from one another by one or more blank lines.
TOPIC 4: CONNECTIONS BETWEEN SENTENCES
A sentence is a grammatical unit that is composed of one or more clauses. It is a string of words satisfying the grammatical rules of a language; e.g. "he always spoke in grammatical sentences"
A sentence is the written expression of a complete thought. In most sentences the reader is given one complete piece of information. A sentence needs to contain the following:
- a capital letter at the beginning and a full stop at the end
- a subject (person / people or thing(s) that is / are doing something)
- a verb (action or doing word).
In order to join sentences, we use transitions. Transitions are tools to create coherence and consistency (i.e., “flow”) in your paper. Without them, your writing is likely to seem choppy or disorganized, and the relationship between ideas may be unclear to the reader. English relies heavily on these transitional words to clarify relationships among ideas and sentences. There are three types of transitions i.e. generic transitions, orienting transitions and substantive transitions.
4.1 Generic Transitions
Transitions are connecting words or phrases placed at or near the beginning of a sentence to help the reader understand how the new information in that sentence relates to the information that precedes it. Common transitions include expressions such as ‘however,’ ‘therefore.’ and ‘in addition;. Good writers use the generic transitions not because they help show the logical connections between the ideas in different sentences.
Some of the most common types of generic transitions show addition; comparison or contrast; illustration or explanation; and conclusion. Even within these categories, different words can have slightly different meanings, so be sure to use precise transition you need.
Example:
The suspect was with his daughter at an amusement park till 11.00 p.m. that night. Therefore, he could not have committed the robbery. (Transition shows conclusion will follow).
4.2 Orienting Transitions
Orienting transitions provide a context for the information that follows. They serve to locate-physically, logically, or chronologically -the ideas or points in the rest of the sentence.
Two common orienting transitions in legal writing are those that include times and dates and those that refer to cases.
Examples:
(a) On October 26, 2003, Leonard Thomas was admitted to Mountain View Rest Home and Retirement Village.
(b) At 2.00 a.m. on January 1, 2009, John Wakioma was arrested and charged with reckless driving and driving while intoxicated.
(c) In the instant case, the son was not the executor of the will.
(d) In the case at hand, there is no indication that the defendant intended to deceive the plaintiff about her rights under the contract.
Other orienting transitions create a context by directing the reader to adopt a certain point of view, by supplying the source of the information that follows, or by locating the information historically or chronologically.
Examples:
(a) From the bank’s perspective, granting a second loan would be ill advised and risky.
(b) According to Kamukunji Officer Comanding Station John Kamau’s report, Officers Otieno and Mawele entered the godown at 2.30 a.m.
(c) Over the last thirty years, courts have realized that exceptions to the general principle were necessary.
Orienting transitions frequently occur at the beginning of a section. In such positions, orienting transitions are not so much connections between points within the writing as they are connections between the writing and the mind of a reader first coming to the material.
Orienting transitions also occur at the beginning of paragraphs. From this position, they help readers adjust or ‘shift gears’ as they mentally move along a line of reasoning within a large idea. They may also occur within a paragraph, and when they do, they work like all other transitions to bridge the gap between sentences and between ideas.
Orienting transitions therefore provide a context for what follows in a variety of ways:
(1) To give a historical perspective: e.g.
(a) In the 1970’s, the court narrowed the scope of the “discretionary” category by emphasizing that the State must show that “a policy decision, consciously balancing the risks and advantages, took place…”
(b) In a recent decision, the court redefined “contribution” in a marriage by holding that a woman’s contribution must be actual.
(2) To give a chronology: e.g.
In March 2004, Nakumatt was advised that their store on Thika Road was built on a road reserve. In response, Nakumatt claimed previous and current exclusive right, as well as title and interest to the property.
(3) To suggest a case’s importance: e.g.
In an often cited case, the court has held that bail is a constitution right but not in charge of capital offence.
(4) To announce a shift in topic: e.g.
(a) As for damages, the court will probably enjoin those activities that constitute a private nuisance.
(b) In regard to the prosecution’s allegation that Mr. Mahoya’s original advocate thwarted the discovery process, Mr. Mahoya will point out that he was unaware that his original Advocate shredded the requested document.
Some legal writers avoid the orienting transitions beginning with ‘as for,’ ‘as to’, ‘in regard to,’ and ‘regarding’ in sentences like the preceding examples on grounds that these transitions are an abrupt, an ineffective, or lazy way to make a significant shift in topic. These writers prefer that significant shifts in topics be introduced by full sentences.
Examples from above revised:
(a) The question of damages will be more difficult to predict. The court will probably enjoin those activities that constitute a private nuisance, but awarding damages for Peter’s lost profits is less likely.
(b) The prosecution’s second allegation, that Mr. Mahoya’s original advocate thwarted the discovery process, should be directed at Mr. Mahoya’s original advocate, not at Mr. Mahoya. Mr. Mahoya was unaware that his original advocate shredded the requested document. He cannot be held responsible for the unsanctioned actions of his lawyer.
NB: The biggest challenge with orienting transitions (so is generic transition), is the question of when to use them. The answer is the same for all types of transitions: use them when the reader needs them.
4.3 Substantive Transitions.
Substantive transitions can best be compared to the interlocking links of chain. They serve two purposes: they make a connection and they provide content. In short, they live up to their name-they are both substantive and transitional.
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