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Drafting II - Letter, Memo, CV & Legal Opinion
Foundation: All legal instruments are legal documents, but NOT all legal documents are legal instruments. Legal instruments define and transfer rights/interest/title (sometimes made under court seal, e.g. a judgment); legal documents may not.
- PART I: Letter Writing -
2 Basic Types of Letters
- Informal / Social letter;
- Formal / Official / Business letter.
8 Types of Official Letters a Lawyer Writes
| Type | Purpose |
|---|---|
| Status letters | Report of current position of a matter |
| Confirming / Instruction letters | Reaffirm oral discussion (e.g. oral instruction) |
| Opinion letters | Offer legal advice/opinion to a client |
| Demand letters | Request recipient to perform an obligation |
| Letter of adjournment | Request the court to adjourn a matter |
| Letter of complaint | e.g. petition, nuisance |
| Letter of offer / acceptance | Conveying offer to 3rd party or accepting one |
| Letter closing case file | Conveying that matter has been concluded |
10 Guidelines for Letter Writing
- Ascertain the instructions received from the client;
- Fully understand the purpose and nature - informs choice of style, tone, vocabulary;
- When acting professionally, adopt a formal style;
- Avoid chatty letters; NO slang or abbreviations; be brief and direct;
- Tone should be polite, humane, firm - NOT rude;
- Avoid legal arguments;
- Proofread the letter;
- Be conscious of correct opening and closing - see Weston v Central Criminal Court Administrator (1977) 1 QB 32; Boyo v AG Midwestern State (1971) 1 ALL NLR 343;
- Choice of words, spellings, and proper punctuation;
- Restrict to one page as much as possible. Each paragraph should contain one idea only.
2 Style / Layout Options
- Blocked (aligned) style;
- Semi-blocked (indented) style.
Use open or closed punctuation.
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