NOTICE OF WITHDRAWAL AS ATTORNEY

(Date) (Addressee) Re: Notice of Withdrawal as Attorney Dear Mr. Cruz: In June 2011, you were charged with estafa. In that case, as you recall, I filed a motion to quash. I was sustained and the case dismissed. On that case, as of August 2011, there was a balance of P15,000 owing the office. You have paid only P5,000. In September 2011, you were charged with robbery. Again we went to court five times on that case. In December, 2011, the Court rendered a decision acquitting you. I learned that the City Prosecutor has elected to file new case against you for theft.

Although I would like to represent you, it is economically impossible to do so. I cannot make court appearances, prepare for trial, etc., on the basis of a P5,000 payments. As you know, I quoted you a retainer fee on the second case which has not been paid, and in all seriousness it should have been paid by October 2012. All cases in which I have engaged in court action are terminated. I feel at this time it is advisable for you to seek other counsel as to any other charge brought against you.
Yours truly, (Signature) Encl.

Mechanics and Style of the Letter

Date line

Inside address
Reference Salutation Body of Letter Complimentary closing Signature Enclosure line

7/3/2013

Legal Writing for Advocates

Common Types of Writing Used by Legal Advocates

Legal Correspondence Position Papers

Law Review or Journal articles

7/3/2013

Legal Writing for Advocates

Writing Legal Correspondence

Correspondence is a major form of written communication

between an advocate and external audience Most legal correspondence is in letter format Examples:
Information letters provide general information or background on a

legal issue. Demand letters

7/3/2013

Legal Writing for Advocates

Writing Position Papers

Position papers are advocacy documents designed to

persuade the reader to adopt a position or to take an action that is favorable to your client community. Issue/s should be completely and correctly presented. When stated correctly, the reader knows the focus of the position paper at the outset.

7/3/2013

Legal Writing for Advocates

Writing Law Review or Journal Articles

These are scholarly legal article focusing on legal issues.

The whole point of legal writing is to persuade your reader

of your thesis In legal papers, it is generally a good idea to adopt a measured tone. Do your research!

7/3/2013

Legal Writing for Advocates

Remember the 3Cs

Corto

Claro
Conciso

`Make things as simple as possible--but no simpler. Albert Einstein

FUNDAMENTAL PRINCIPLES OF EFFECTIVE WRITING

Writing conveys a message

It conveys its message in a different way from the way a

picture does. It does so piecemeal a word, a phrase, a sentence at a time. (A picture on the other hand creates for the beholder a fixed impression. But a piece of writing induces a series of impressions, each developing with the addition of material, and exacting constant effort on the part of the reader.) The way the message is received depends on the type of reader.

Principles of Effective Writing*

The same principles of construction guide all types of writing: Unity Coherence Cohesion

Emphasis
Conciseness All these principles together produce clarity, which is the goal of

everyone who wishes to communicate effectively. It is clarity that enable your readers to receive your message as you want it to be received.
*(Learning for Empowerment and Development (LEAD), Inc. 2004)

Principles of Effective Writing*

Principle of Unity The principle of UNITY essentially begs the question: Why are you writing this text? You should be able to answer this in one clear sentence. You have to decide on one purpose, determine the main thought, and decide on the appropriate tone. Tone is the expression of the writer s attitude. Message and tone should not work at cross purposes. This is called consistency.

Principles of Effective Writing*

Principle of Coherence COHERENCE is produced through the logical arrangement of thoughts. You must arrange your material in the order which will best convey the desired message and produce the desired effect. Ideas should not be presented in a haphazard fashion. It may be useful to do an outline.

Illustration: Mr. Reyes acknowledged that the delay was his fault; otherwise, he pointed out that Brenda was responsible to a certain extent too.

Principles of Effective Writing*

Principle of Cohesion COHESION refers to the clear relationships among ideas within a paragraph. It is achieved by using the correct transition signals phrases like as mentioned earlier, for example, in fact; or by using appropriate conjunctions like however, nonetheless, therefore. The point is to use the right transition signals or connectives for the meaning you want to convey.

Principles of Effective Writing*

Principle of Cohesion In other words, be consistent. Don't mix obvious formality with obvious informality. Two examples:
1.

2.

A brief that contains formal diction throughout (prior to for before, indicate for show, elect for choose) with one exception: transition words. The brief writer begins many sentences with conjunctions as transitions: and, but, yet, so, and also. A great idea, in and of itself. A letter with first person (I, me, my), second person (you) and contractions--all of which are fine for a letter--but with otherwise formal diction (utilize for use, subsequent to for after, in connection with for about).

Principles of Effective Writing*

The Principle of Emphasis is achieved by:
Position (put important ideas where they will be noticed,

usually the beginning or the end) Proportion (spend more time on important ideas) Repetition (reiterate important points)

Principles of Effective Writing*

Principle of Conciseness Some examples: NOT: Allow me to express my appreciation for your suggestions BUT: Thank you for your suggestions
NOT: In this letter we have attempted to answer all your questions, and we hope that if you have any additional questions whatsoever, you will not hesitate to contact us. BUT: If you have additional questions, please call us.

Principles of Effective Writing*

Principle of Conciseness We also tend to be imprecise and inexact. We

use too many words. A good rule to remember is to limit your sentences to fewer than 17 words. You should edit, edit, edit.
Or each and every one instead of all; close proximity instead of close.

We like to say at this point in time instead of now.

In other words, keep your writing simple. Short words

are better than long words.

BASIC RULES ON LEGAL WRITING

6 PARAMOUNT RULES ON LEGAL WRITING*

Have a Point

Get to the Point

Adopt a Structure For Your Analysis That Will Allow You to

Integrate the Facts, Court Analysis, and Policies Into the Body of Your Argument Break Your Analysis Up Into Its Component Parts and Develop Them Separately, But In An Organized Way Adopt a Measured Tone Be Concrete and Simplify Whenever Possible

*Pamela Samuelson 46 University of Pittsburgh Law Review 149 (1984)

1 - Have a Point
In order to write a good legal analysis, you've got to have

a point (that is, a thesis) you want to make. The aim is to explore one thing (your thesis) in depth.

2 - Get to the Point

This means that you should tell your reader what the point

is in your first paragraph, if possible, or at the most by the end of the second page. It means that you should start your analysis of the thesis on page two or three, not on page twenty or thirty. It means that you should remind your reader of your thesis as you go along by such means as section titles and transitional sentence

3 - Adopt a Structure
It's time to try a more unified, more integrated, and more

analytical structure. It is time to learn to get to the point on page two. It is time to learn to develop a structure which can be the structure only for that paper because it's based on the particular analysis you've developed to support your thesis.

Law students tend to adopt an artificial structure

I. Introduction (Often this is an introduction to the general subject matter of the paper. If it mentions the paper's thesis, it often does it in a sentence tucked away at the bottom of page three or five in an inconspicuous place.) II. Background (This is often an overview of some of the historical context of the problem and/or of legal concepts which are to be discussed in the analytic section fifteen pages later. It often reads like an encyclopedia or a dispassionate general treatise on the subject.)

Law students tend to adopt an artificial structure

III. Facts (Often this is a recitation of `the facts' of a particular case which will be under the analytic microscope in Section V. It often meanders through the odds and ends of the case, often giving many more facts than is necessary to make the analytic point.) IV. Court Decision(s) (This is usually a report on the trial and any appellate court's holdings--usually all of the issues, not just the ones pertinent to the discussion--and sometimes also of arguments rejected or accepted and any titillating dicta, pertinent or not.)

Law students tend to adopt an artificial structure

V. Analysis (Finally. The author now attacks court A for this and court B for that, repeating in the process all the arguments or holdings discussed in the previous section, the facts of the next previous section, and the concepts of the background section, and inadequately developing all of them in terms of their relationships to one another.) VI. Policy (If law students mention the policy implications of their thesis at all, the policy issues are trotted out in a page or so near the end, usually held up for display as if they were the recently severed head of John the Baptist. Horrors!) VII. Conclusion (This is often a rather mechanical repetition of the kernel of the analysis from Section V. It rarely contains anything new or interesting.)

Adopt a Structure
Remember that the whole point of legal writing is to

persuade your reader of your thesis, so you shouldn't structure your paper to impede your ability to persuade. It's time to try a more unified, more integrated, and more analytical structure.

4 - Break Your Analysis Up

One can only analyze an issue in an organized way.

One's analysis must be broken down into component

parts, and each element must be examined and developed in an orderly and integrated way. The structure of your paper should reflect the basic components of the argument which has to be made to support your thesis.

Break Your Analysis Up

Do make an outline before you begin to write. It needn't

be a formal outline with I, A, 1, a iii's in it, but it should break the argument up into the basic components and it should reflect the order in which the strongest case for your position can be made. Try not to have more than three basic elements in your argument. Allow yourself to revise your structure as you go along if, as you write, you find yourself dissatisfied with your initial organization.

5 - Adopt a Measured Tone

To decide what kind of tone your paper should have, think

about whom you want to persuade of the point you're making in the paper. In legal papers, it is generally a good idea to adopt a tone of measured rationality, as if you were saying `let us reason together on this issue.' Target the paper as if the audience were a reasonably intelligent and diligent judge who until now has had little or no exposure to the issue on which you write but who is about to make an important decision on it

6 - Be Concrete and Simplify Whenever Possible

Whenever there is a choice between saying something in

an abstract way or saying it in a concrete way, opt for the concrete expression. Or, if you feel you must speak abstractly, at least give a concrete example to illustrate the abstract point. Albert Einstein said: `Make things as simple as possible-but no simpler. That is a basic rule of science; it should be a basic rule of writing as well. It should apply to everything about your writing from your theories, to the thread of your argumentation, to your descriptions, and to the language you use to express your ideas.

Exercise: Draft a Complaint

COMPLAINT

What is a Complaint?
The complaint is the pleading alleging the plaintiffs

cause or causes of action. The names and residences of the plaintiff and defendant must be stated in the complaint. The body of the pleading sets forth its designation, the allegations of the partys claims or defenses, the relief prayed for, and the date of the pleading.

What is a Complaint?
Each pleading must have a designation of the pleading.

The RULE is: It is not the caption of the pleading, but the allegations thereof that determines the nature of the action. Full names of the parties should be given in the title of the action. It is desirable for purposes of certainty to state their full names when known. The names of the parties in an action need not appear in the body of the complaint; it is sufficient if they are stated in the title.

Complaint
Every pleading shall be divided into paragraphs so

numbered as to be readily identified each of which shall contain a statement of a single set of circumstances so far as that can be done with convenience. A paragraph may be referred to by a number in all succeeding pleadings. Different set of circumstances should not be commingled in one paragraph in a complaint but the complaint should be set out in paragraphs, each limited as far as practicable to a statement of a single set of circumstances.

Complaint
Ultimate facts are important and substantial facts which

either directly form the basis of the primary right or duty, or which directly make up the wrongful acts or omissions of the defendant. The term does not refer to the details of probative matter or particulars of evidence by which these material elements are to be established. It refers to principal, determinate facts, upon the existence of which, the entire cause of action rests.

Complaint
Test to the essentiality of ultimate facts of any allegation:

Can it be made the subject of a material issue? In other words, if it be denied, will the failure to prove it decide the case in whole or in part? If it will not, the fact is not essential; it is not one of those which constitute the cause of action, defense, or reply. In the language of the Supreme Court the test of sufficiency of a complaint is, could a competent court render a valid judgment upon the facts alleged in it, if admitted or proved. If it could, then the allegations are sufficient [Raquiza vs Ofilada, et al, 9 SCRA 120].

Complaint
There are 2 kinds of facts which relate to civil

proceedings. First, the fact(s) which form the basis of the action and upon the proof of which the right to a judgment vests. These are called the ultimate facts and should be alleged. The other class of facts are those which are accessory to the main fact or which relate to it in such a way as tend to prove it. These facts, which are called evidentiary facts, are matters of testimony and need not be alleged in a complaint.

Complaint
When two or more causes of action are joined, the

statement of the first shall be prefaced by the words first cause of action, of the second by second cause of action, and so on for others. The pleading shall specify the relief sought, but it may add a general prayer for such further or other relief as may be deemed just or equitable. It is a rule that the prayer for relief, though part of the complaint is not part of the cause of action. The plaintiff is entitled to as much relief as the facts alleged constituting the cause of action may warrant.

Complaint
It is an axiom in civil procedure that if the relief demanded

is not the proper one which may be granted under the law, it does not characterize or determine the nature of the plaintiffs action, and that the relief to which the plaintiff is entitled based on the facts alleged by him in his complaint, although it is not the relief demanded, is what determines the nature of the action.

Complaint
Every pleading shall be dated.

Every pleading of a party represented by an attorney shall

be signed by at least one attorney of record in his individual name, whose address shall be stated [which should not be a post office box]. The signature of an attorney constitutes a certificate by him that (a) he has read the pleading, (b) that to the best of his knowledge, information and belief there is good ground to support it, and that it is not interposed for delay.

Complaint
An unsigned pleading produces no legal effect. However,

the court may, in its discretion, allow such deficiency to be remedied if it shall appear that the same was due to mere inadvertence and not intended for delay. Counsel who deliberately files an unsigned pleading, or signs a pleading in violation of this Rule, or alleges scandalous or indecent matter therein, or fails to promptly report to the court a change of his address, shall be subject to appropriate disciplinary action.

Complaint
Except when otherwise specifically provided by rule or

statute, pleadings need not be verified or accompanied by affidavit. A pleading is verified only by an affidavit stating that the person verifying has read the pleading and that the allegations thereof are true of his own knowledge.

Allegations in pleadings
Every pleading shall contain in a methodical and logical

form, a plain, concise and direct statement of the ultimate facts on which the party pleading relies for his claim or defense, as the case may be, omitting the statement of mere evidentiary facts. Pleadings not drafted in accordance with the foregoing principle consume the time of the court unnecessarily, to the detriment of litigants who are more careful in their pleadings, and hinder instead of aiding the prompt administration of justice.

Allegations in pleadings
In any pleading a general averment of the performance or

occurrence of all condition precedent shall be sufficient. Condition precedents is that which has to be performed before the obligation arises. It is a general rule that if the plaintiffs right of action depends upon the condition precedent, he must allege the fulfillment of the condition or a legal excuse for its nonfulfillment.

Allegations in pleadings
Conditions precedent which had to be fulfilled before a

cause of action could arise are: (a) demand in unlawful detainer; (b) earnest effort to compromise if the suit is between members of the same family; exhaustion of administrative remedies (d) consent to be sued if the adverse party is the government. A condition precedent is not jurisdictional and may be waived.

Allegations in pleadings
Facts showing the capacity of a party to sue or be sued or

the authority of a party to sue or be sued in a representative capacity or the legal existence of an organized association of persons that is made a party, must be averred. In all averments of fraud or mistake, the circumstances constituting fraud or mistake must be stated with particularity. Malice, intent, knowledge or other condition of the mind of a person may be averred generally.

Allegations in pleadings
In pleading a judgment or decision of a domestic or

foreign court, judicial or quasi-judicial tribunal, or of a board or officer, it is sufficient to aver the judgment or decision without setting forth matter showing jurisdiction to render it. Whenever an action or defense is based upon a written instrument or document, the substance of such instrument or document shall be set forth in the pleading, and the original or a copy thereof shall be attached to the pleading as an exhibit, which shall be deemed to be a part of the pleading, or said copy may with like effect be set forth in the pleading.

Allegations in pleadings
In pleading an official document or official act, it is

sufficient to aver that the document was issued or the act done in compliance with law.

Pleadings which must be verified

Except when otherwise specifically required by law or rule,

pleadings need not be under oath, verified or accompanied by affidavit. A pleading is verified by an affidavit that the affiant has read the pleading and that the allegations therein are true and correct of his personal knowledge or based on authentic records. A pleading required to be verified which contains a verification based on information and belief, or upon knowledge, information and belief, or lacks a proper verification, shall be treated as an unsigned pleading

Pleadings which must be verified

The following must be verified/accompanied by affidavit:
complaint with injunction; petition for certiorari, prohibition, mandamus, habeas corpus,

change of name, voluntary dissolution of corporation; complaint for unlawful detainer, forcible entry; petition for appointment of a general guardian, leave to sell or encumber estate of guardian, competency of ward be judicially determine; complaint with prayer for attachment; complaint for replevin; answer to complaint based on an actionable document.

Certification against forum shopping

The plaintiff or principal party shall certify under oath in the

complaint or other initiatory pleading asserting a claim for relief, or in a sworn certification annexed thereto and simultaneously filed therewith: (a) that he has not theretofore commenced any action or filed any claim involving the same issues in any court, tribunal or quasi-judicial agency and, to the best of his knowledge, no such other action or claim is pending therein; (b) if there is such other pending action or claim, a complete statement of the present status thereof; and (c) if he should thereafter learn that the same or similar action or claim has been filed or is pending, he shall report that fact within five (5) days therefrom to the court wherein his aforesaid complaint or initiatory pleading has been filed.

Certification against forum shopping

Failure to comply with the foregoing requirements shall

not be curable by mere amendment of the complaint or other initiatory pleading but shall be cause for the dismissal of the case without prejudice, unless otherwise provided, upon motion and after hearing. The submission, of a false certification or non-compliance with any of the undertakings therein shall constitute indirect contempt of court, without prejudice to the corresponding administrative and criminal actions.

Certification against forum shopping

If the acts of the party or his counsel clearly constitute

willful and deliberate forum shopping, the same shall be ground for summary dismissal with prejudice and shall constitute direct contempt, as well as a cause for administrative sanctions.

Sample Complaint

OTHER RULES OF GOOD LEGAL WRITING

1.

2.
3. 4. 5.

Write a Strong Introduction to the Paper Use Meaningful Titles to Introduce Each Section of Your Paper Make Your Case Discussions As Thorough and Yet Brief As Possible Have a Strong Opening Line into Case Discussions Make Transitions Smoothly

OTHER RULES OF GOOD LEGAL WRITING

6. Resolve Issues as You Go Along and at the End of the Paper 7. Foresee and Address Respectfully the Arguments That Might Be Made in Opposition to Your Thesis 8. Make Use of Footnotes for a Variety of Purposes 9. Never End a Paragraph or a Section With a Quotation 10. Keep Your Quotations Short and to the Point 11. Don't Track the Language of an Article or Case You Are Discussing Any More Closely Than is Necessary to Convey the Ideas with Precision 12. Be Attentive to Proper Form 13. Have a Healthy Balance to Your Paper 14. Consider the Policy Implications of Your Thesis

1 Write a Strong Introduction

It is the roadmap; with the destination (thesis), intended

route (component elements of the analysis in the order of development). The introduction is also your best chance to make the reader excited about the topic and your thesis about it. Don't just tell the reader that the subject is important or interesting; demonstrate that it is.

2 Section Titles
Use section titles. It keeps the reader awake and helps

the reader get oriented about what to expect. Apart from the introduction and conclusion, section titles should make reference to the aspect of your argument addressed in the section. (Titles such as `facts,' `background,' and `analysis' are not meaningful titles.)

2 Section Titles
You need not make section titles into full sentences about

what you intend to `prove' in the section, but use section titles to remind your reader of the purpose of the section and where it fits into your overall argument. Be affirmative in your statement of the purpose of a section.

3 Case Discussions
Never mention a case in the text of your paper unless you

describe at least briefly the context from which the principle you are interested in emerged. If it is an important case, more of the circumstances should be discussed. If the context is not worth discussing, the case is not worth mentioning in the text, although it may be worth a footnote

4 Strong Opening Line to Cases

There are few things more boring than a twenty or thirty

page paper consisting of page after page of a case discussion in which each paragraph begins: `In A v. B . . .'; `In C v. D . . .'; `In E v. F . . ..' Add a little zip to these paragraphs by a strong lead-in sentence. Use the opening line to give the reader some clue about what's interesting (or whatever) about the case. In other words, what's the point of discussing the case? Tell your reader as you open your discussion of it. Then he or she will work along with you to make the point.

5 Smooth Transitions
To have paragraphs in proper order is by trying to write

transitional sentences to tie one paragraph to the next. If you can't find some way to connect the ideas developed in one paragraph to those being developed in the one that follows, it is likely that you have left out some component of the argument.

6 Resolving Issues
Another transition problem, but one worth emphasizing

separately, occurs when a writer goes back and forth about pros and cons of an issue and then goes on to another issue. Your reader needs a sense of closure on one issue before you go on to the next or a sense that closure is coming. As you go along and at the end of the paper, pull all the strands of your argument together and give that part of the piece a resolution.

7 Foresee and Address Opposing Arguments

Anticipate what critics of your thesis would say about your

position (if they haven't already made their criticisms known) and incorporate consideration of their concerns into your paper in an affirmative way.

8 Make Use of Footnotes

Footnotes can be useful for a wide range of purposes: a) to give the reader an instance illustrating a generalization you make in the text (that's what the `See, e.g., X v. Y . . .' is about); b) to send the reader to source materials about a particular subject; c) to demonstrate additional depth in your research and to give credit to those whose thinking has influenced you; d) to demonstrate the depth of your understanding of the complexities of a subject; e) to raise issues which are related to the main thesis of your paper but which would seem digressions if developed in the text; and f) to raise and address some potential objections your reader may have about your thesis that you judge do not need to be developed at length in the paper, but cannot be ignored.

8 Make Use of Footnotes

Footnotes allow you to keep your text trim, while still

being attentive to your reader's need to be assured of the depth of your understanding of the complexity of an issue. You should never assume that your reader will read your footnotes so don't put any truly important points in the footnotes. Use footnotes to elaborate, not to make your argument.

9 Do not end with a quotation

A quotation at the end of a paragraph or a section looks

lazy, as if you couldn't summon the energy to finish saying what you intended to say. You must tie any quotation into your argument and emphasize the point for which the quotation has been included in the text. Remember that the quotation arose in a different context than your paper; it must be worked into your context.

10 -Keep Your Quotations Short and to the Point

Long quotations look like a lazy way to make a paper

long. A good general rule is that you should have no more than ten continuous lines of indented single-spaced quotation in your text at any one time. Remember that it's hard to read single-spaced text. In a long quotation, the average reader is likely to read the first four and last four lines. If the point is buried in the middle of a twenty-line indented quotation, the reader is likely to miss it altogether.

11 Tracking Language
Resist the temptation to track closely the language of a

case or an article. You won't have truly analyzed an issue until you incorporate it into your own terms of expression.

12 Be Attentive to Proper Form

In legal writing, form is part of the substance.

A few particular form rules: (1) Always cite cases and

statutes in proper form. It is your responsibility to teach yourself the form rules. (2) Never (well, almost never) split infinitives. (3) Spell all the words in your piece correctly. (4) Don't get cute about personal pronouns. (`He' or `he/she' or `he or she' is ok; `she' is too cute.) (5) Don't construct run-on sentences.

13 - Have a Healthy Balance to Your Paper

How much introduction, background, case discussion,

analysis, etc. is needed in any paper depends on its subject. A good rule of thumb is to keep your introduction to about five percent of your text ( 3/4 of a page for a fifteen page paper; one page for twenty pages); your conclusion to five to ten percent of the paper (five percent if you're only summing up; ten percent if you're suggesting a new approach); and equal quanta per internal argument (twenty-five to thirty percent per issue if you have three arguments sections; forty to forty-five percent per issue if you use two).

14 Consider Policy Implications

Questions you should address include the following: What

effect would the rule you propose have on the way the world works? What effect would a contrary rule have? Is the intended effect achievable? Is the effect you seek to bring about worth the cost? What consequences besides the ones you intend are likely to result from the rule you espouse?