The secret to success in law often begins with the correct drafting of legal documents. And you don’t even need to use difficult words. Just follow a few guidelines to avoid getting lost in the details when drafting legal documents. So, Today’s article will help you on how to draft a legal document.
What are legal documents?
Legal documents are prepared by legal professionals, such as lawyers, prosecutors, and judges. They serve to present arguments, analyses, and requests related to a specific case, becoming important instruments for efficient communication within the judicial system.
Are legal documents and procedural documents the same thing?
Although often used synonymously, there is a subtle difference between the terms. “Procedural documents” are used by the parties within a legal proceeding. The expression “legal documents,” on the other hand, can also encompass other legal documents, such as contracts, wills, and memoranda.
What are the most common types of legal documents?
There are various types of legal documents, each with a specific purpose. Many of them are related to procedural steps. Here are some examples:
Initial petition
This is the instrument used to initiate legal action. It establishes the basis of the case and the issues that will be discussed throughout the process.
Objection
It functions as a response to the initial petition. Usually presented by the defendant’s representative, it allows for counter-arguments to the facts previously reported.
Interlocutory appeal
This legal instrument exists to challenge decisions made by a judge during the course of a legal proceeding. In other words, it does not end the legal action, but it alters its course. One example is requests for preliminary injunctions. They can guarantee the rights of the parties involved in the process, especially when it is perceived that such rights are being violated.
Third-party embargo
It is used by people who are not part of the process but feel directly or indirectly harmed. A typical situation occurs in the case of a seizure. Sometimes, land or real estate is incorrectly seized to pay another individual’s debt. In this case, the owner must file a third-party claim to contest the inclusion of their property in the execution of the judgment.
Appeal
This is a legal recourse used when a party is dissatisfied with a court decision and seeks review by a higher court.
Special appeal
Here, decisions from state and regional federal courts are challenged. This appeal is presented to the Superior Court of Justice.
Enforcement order
An injunction against enforcement challenges the judgment in a legal proceeding. It allows the losing party to defend themselves by questioning the payment of a sum of money or the delivery of goods in their name.
Rescissory action
This legal instrument serves to correct errors in the justice system. It challenges decisions after they have become final (that is, after the end of the judicial process).
The importance of the quality of legal documents in their credibility.
Since legal documents are submitted to courts, they must comply with current legislation. Furthermore, it is important to avoid errors in both spelling and information. This is because the accuracy and quality of the documents attest to the credibility of the legal professionals involved. Therefore, it is crucial that you do a legal document review, and document proofreading.
And there’s more. Besides damaging people’s reputations, a poorly written text can compromise the outcome of a legal process. Without clear information or compelling arguments, the judge will likely reject the material, making an unfavourable decision in the case.
Tips for drafting legal and procedural documents.
To prevent problems, we recommend that the drafting of legal documents take certain details into account. The following list provides essential tips for your success. See below:
Start with the basic structure.
Before drafting the final text, create an outline with all the necessary elements. This could be a bullet-point outline, including the address, the name of the action or resource, relevant facts, etc. This way you won’t forget any points.
We emphasise that, according to the new Code of Civil Procedure, the address should be made “to the competent court,” and not “to the judge.” The expression “learned court” can be used, as it functions as a respectful greeting to the institution. However, it is unnecessary.
Pay attention to the wording.
When writing, keep the language simple and objective, without excessive embellishments. Difficult words, too many adjectives, or even Latin terms, only hinder comprehension.
Prefer a text structured in chronological order, divided into topics (“The facts,” “The fundamentals,” and so on). This makes reading more enjoyable and dynamic.
Avoid irony or ambiguity. After all, written language lacks the intonation of speech, so an informative tone, as in a journalistic report, is preferable.
And be brief. With an immense number of cases in the queue, no judge has time to waste.
Beware of “jurisprudence”.
The word doesn’t have a plural form. The idea of jurisprudence already encompasses all precedents related to the topic, such as decisions, judgments, and rulings.
Avoid referring to the parties by name.
It is preferable to maintain an impersonal tone in legal documents. Therefore, unless you have to identify the parties, avoid citing them by name. Instead, use third-person expressions such as “plaintiff,” “claimant,” “enforcing party,” “defendant,” “respondent,” “respondent,” and “debtor.”
Use appropriate formatting for legal documents.
There is no law defining a single model for legal documents. In any case, it is advisable to follow a clean format that facilitates the organisation of elements on the page. One suggestion is to follow the technical standards for academic papers:
Times New Roman or Arial font, size 12, 1.5 spacing, and justified alignment.
In addition, it’s worthwhile dividing the text into short paragraphs, interspersed with subheadings. By the way, we have an article here on the blog discussing the importance of considering the design of legal documents.
Don’t forget the grounds for the request and the claims.
Finally, keep in mind that the court does not address the facts or grounds (cause of action), but rather the requests themselves. Therefore, remember to articulate all possible requests.
It is also incorrect to file a request without stating the grounds for the request. In both cases, the request will be dismissed as inadmissible pursuant to Article 330, paragraph I, of the CPC.
Legal document templates can make the work easier.
You don’t always have to write a legal document from scratch. There are pre-defined templates available online. Of course, it’s important to adapt them to your specific situation, adding or removing information as needed.
Use technology to your advantage.
After completing the work, save the legal documents in a folder in the cloud. Use Google Drive or another similar service, which not only stores documents but also allows other colleagues in the office to work on editing the content.
Gradually, you will build a database with organised documents and your own petition templates. This way, you will no longer depend on third-party help to draft the material.
Oh, and it’s worth using specialised legal software. They can further simplify and optimise the time of legal professionals.