Legal Writing Tips

David Stratas

Heenan Blaikie LLP, Toronto

Document 1. A series of slides from a powerpoint presentation on legal writing. Note that towards the end of the slides are suggestions for how to emphasize points in your writing (without using bold or italics)

Document 2. This is a factum with end notes. The end notes relate to particular sentences in the factum and comment on what the author was trying to achieve. It shows you the strategic decisions that the author was trying to implement throughout the factum. Factums are very strategic documents and this document sheds light on the strategies and tells you what you should be thinking about as you draft your factum.

Document 3. A factum precedent. Note the introduction that makes all three pitches: the play to "head" (the intellectual appeal), the play to "heart" (the emotional appeal) and the enhancement of counsel's credibility (well crafted introduction, good use of carefully selected detail, accusation vs. opposing side about alarmist overstatements in their factum). Note that this was a respondent's factum, so the introduction deals with the other side's argument ever so briefly, but only after a couple of paragraphs setting out the essence of our positive case. Note the structure of the facts. The structure is thematic in nature, not chronological, and does not focus on the specific facts of the case until some necessary context is set out.

Document 4. Another example of a factum. Note how the law section is set up - very practical, hard hitting, very focused headings based on the specific submissions to be made. Note the citations and the use of parenthesis on occasion to explain the import of a particular case being cited.

Document 5. A factum resisting leave to appeal. This is a good example of how clear, hard hitting language can be very effective. This implements the clarity principle - a very non-legalistic factum that communicates the essence of the case very strongly. Good use of "lists" in paragraphs. Good argument re implications -- very tightly written, not long and boring and hard to follow. Short factums can communicate tightly, can be more persuasive than a document that says the same thing in essence but is much longer and more wordy.

Document 6. An instructional document on factums. This takes the form of various "rules" that you should follow when drafting factums, and in particular introductions, fact sections, law sections and "relief sought" sections. In the appendices, you will see good examples of introductions, charts and illustrations and also some instruction on "compressing arguments," the use of block quotes and how to deal with uncertain case law.