How you express your thoughts on paper depends entirely on what you are writing and why. Consider this: a writ petition is quite different from a research paper, and neither resembles a legal opinion. Each serves a distinct purpose, which means that each adheres to its own style, structure, and tone.
So, what are some of the most common types of legal writing you will encounter? More importantly, what makes each one distinctive? Let’s break it down.
What Are the Types of Documents You Will Likely Encounter
Court Documents: Petitions, Applications, Plaints etc.
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First and foremost, when drafting legal documents for court, there is one golden rule: follow the format! Every court, whether it is a district court, a high court, or the Supreme Court, has a specific way in which it expects documents to be filed. If your document does not conform to the required format, the court’s registry will not even allow it through the door.
For instance, if you’re submitting a writ petition to the Supreme Court, there is an official format available on the Court’s website (here). The Delhi High Court provides a set format for interlocutory applications (here), and if you need to submit a Vakalatnama in Tis Hazari Court, Delhi, you can locate that on the Delhi e-courts website (here). If the format isn’t available online, a quick visit to the court’s registry should suffice. Ultimately, if you’re drafting petitions, complaints, applications, or plaints, always check the court’s format first (like here).
Also, for more insights, check out LLS’s ‘Civil Proceedings & Civil Drafting’ and ‘Criminal Drafting: Complaints, FIRs, Bails, Applications, Appeals & More’ courses.
But Format Isn’t Everything: Know the Law Too
Merely adhering to the format does not guarantee that your document is ready for use. You must also grasp the legal requirements underpinning what you’re discussing filing.
Take an interim injunction application under Order XXXIX Rule 2 of the CPC, 1908. To succeed, your application must prove three things:
- You have a prima facie case.
- The balance of convenience is in your favour.
- If the injunction isn’t granted, you’ll suffer irreparable injury.
Your arguments should revolve around these points. Simply completing the form is insufficient. The same applies to writ petitions: you generally need to exhaust all alternative remedies before approaching the High Court. If you fail to mention that in your petition, you risk being dismissed.
Therefore, most official formats already reflect these legal requirements but don’t rely on them blindly. Always double-check and back it up with your own knowledge. Next up is the aspect of research papers.
Research Papers
Unlike court documents, research papers serve a different purpose. They do not adhere to a fixed format; instead, they aim to contribute something new to the discussion.
A quality legal research paper does not merely summarise what has already been said. Rather, it builds upon existing ideas, clarifies a contested issue, or presents a fresh perspective on a legal question.
This means you cannot ignore what others have written. If someone has made a similar argument previously, acknowledge it and explain how your perspective differs. If they have argued against your point, refute them. And if they support your argument, incorporate their work to bolster yours. Research, at its core, is a conversation: one that is founded on respect, analysis, and collaboration.
What Goes Into a Research Paper?
While there’s no one-size-fits-all format, most research papers include these key elements:
Abstract: A super-short summary of your research paper. It tells the reader what your paper is about and the argument you’re making.
Introduction: This is where you set the stage for your paper. It should:
- Clearly state the legal problem or question you’re addressing and why it matters.
- Briefly analyze existing scholarship to show what your paper is adding.
- Outline the scope of your paper: what it covers and what it doesn’t.
- Give a roadmap of your arguments and structure.
The Argument: This is the heart of your paper, where you defend your position. A strong argument has:
- Rigour: Don’t just state your claim; analyze it in depth. Address inconsistencies with existing laws or cases.
- Reason: Stay logically sound. Avoid weak or fallacious reasoning (check out ‘An Illustrated Book of Bad Arguments by Ali Almossawi’ for common mistakes).
- Discipline: Stay focused on the research question. Avoid unnecessary detours.
- Research: The more thorough your research, the stronger your argument.
- Engagement: Respond to other scholars’ arguments, whether they support or challenge your stance.
- Foresight: Anticipate possible objections and address them before a critical reader raises them.
- Conclusion: You don’t introduce new ideas here. This is where you wrap things up and summarize your argument. Some authors also use this section to highlight further questions worth exploring.
Want to See Good Research Papers in Action? Check out some well-written examples here and here to understand how it’s done.
Case Briefs
Ever needed to break down a case? That’s where a case brief comes in. It simplifies a judgment into key parts, making it easier to understand. The HIRAC method is a common way to do this:
- History: The relevant facts that led to the dispute.
- Issue: The legal questions the court had to decide.
- Rule: The laws, precedents, or legal principles applied.
- Application: How the court used the law to decide the case, including key arguments from both sides.
- Conclusion: The final decision and answer to the issues.
Case briefs save time and help you focus on what matters. For example, check out these links (here and here).
Legal Memorandums and Moot Court Memorials
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Whether you’re writing for a moot court competition or a real case, a legal memorandum is how you present your arguments clearly and logically. One of the best way to do this? The HIRAC.
Identify the Sub-Issues First
Once you’ve laid out the facts, don’t jump straight into arguments. First, break down the broader legal issue into smaller sub-issues. These are the foundation of your memo, and how you frame it can shape the entire argument.
Bring in the Law
Under each sub-issue, refer to the relevant laws: statutes, constitutional provisions, international law, and key judgments. If a case supports your argument, explain it in detail and show how its facts are similar to yours.
A big part of lawyering is knowing how to present the same facts and case law in different ways to support different positions.
Apply the Law (and Tackle Counter arguments)
Now, connect the law to your case. But don’t just rely on supporting authorities: address the ones that seem to go against you. The best legal arguments acknowledge opposing precedents and explain why they don’t apply. Maybe the facts were different, or the ruling was flawed. Either way, dealing with counterarguments strengthens your case.
Conclude Each Sub-Issue Clearly
At the end of each sub-issue, sum up your conclusion in a few sentences. Reinforce why your side should win. Most moot court teams skip this, but it makes a real difference in clarity and persuasiveness.
For examples of well-crafted moot court memorials and legal memos, take a look at this.
Examination Answers
The HIRAC model is not just for memos. It’s a powerful tool for structuring law school exam answers, ensuring clarity, thorough analysis, and a systematic application of legal principles. It helps you organize your thoughts and present your arguments logically and effectively.
Legal Opinions
The primary distinction between a memorandum and a legal opinion lies in the tone. When drafting a memorandum, you are fully committed, striving to demonstrate that your client has the greatest likelihood of success. In contrast, with a legal opinion, you adopt a more neutral stance, presenting a realistic perspective on the legal position and the probabilities associated with proceeding.
That said, the way you approach both documents is pretty similar. Just follow the HIRAC method (skip the ‘H’ in a legal opinion), and you’ll have a clear, structured way to advise your client.
Newspaper Editorials
To get straight to the point, a newspaper op-ed is much shorter and more opinion-driven than a research paper. Since it’s an opinion piece, you don’t have to back up everything with references or extensive analysis. The word limit (usually 800 words) also means you can’t dive deep into the topic like you would in a research paper. Instead, you focus on a narrower issue and share your perspective, grounded in logic but without engaging with a lot of existing literature.
If you go back and check out the ‘Developing a good writing style’ section, you’ll see the difference in how op-eds and research papers compare in terms of length, authority, and depth of the legal argument. It’s a clear contrast!
Contracts
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When it comes to drafting contracts, you’ll find a lot of common clauses that show up in almost every contract. These are called boilerplate clauses. But the real trick is making sure you tailor the specific clauses to suit the contract’s subject matter. For example, a contract about intellectual property will look quite different from one on project finance.
A great starting point for any type of contract drafting is knowing your boilerplate clauses. Things like the title, description of the parties, and confidentiality clauses are standard, but the tricky part is really understanding how each clause works. Take the recitals, for example. This section is like the contract’s backstory. It sets up the context, and if there’s a dispute later, courts will look here to figure out what the parties really intended.
Then, there’s the entire agreement clause, which basically says, “What’s written here is the whole deal. Nothing else counts.” That means you’ve got to be careful during negotiations to make sure everything gets written down. The same goes for representations & warranties: you don’t want to miss anything important at the table, as it should all be captured in the contract.
Of course, things like termination clauses or dispute resolution are also key. For example, if there’s a time is of the essence clause, it means you’ve got to get things done on time, or else you might face serious consequences. And don’t forget about things like indemnity clauses, which ensure that if one party causes a loss, they’ve agreed to cover the cost, usually in a way that’s more flexible than regular damages.
Bear in mind that, although terms such as ‘amendment’ and ‘waiver’ may seem like legal jargon, they are crucial for maintaining clarity and safeguarding your interests.
Finally, a tip: make sure you understand the local laws before you even begin drafting. Contracts are often heavily dependent on domestic law, so knowing that inside and out will save you a lot of trouble later.
You can also check out the Online Certificate Course on ‘Contract Drafting & Negotiation,’ ‘Self-paced Contract Drafting Pro: Mastering 20+ Legal Agreements,’ ‘4-Month Long Advanced Course on ‘Contract Drafting & Negotiation’ and the ‘6-Month Long Course ‘Becoming a Freelance Contract Drafting Expert’ by LLS.
Want to Know More?
Looking to sharpen your research and writing skills? Check out the 2-month Legal Research and Writing (LRW) Course by LLS! In the legal field, strong research and writing are essential, and this course gives you hands-on experience you can apply in real-world legal situations.
What’s in it for you?
- Learn how to begin your research journey, select the right topic, and structure your writing effectively.
- Develop top-notch research and writing skills to enhance your expertise and CV.
- Craft well-researched, publishable papers that set you apart in academia and the legal profession.
- Master the art of drafting persuasive moot court memorials and high-quality legal documents.
- Become proficient in footnoting, endnoting, and referencing with precision.
- Gain insights into editing and refining your work for conferences, seminars, and publications.
- Get hands-on experience with essential legal research tools like SCC Online and Manupatra.
Looking for an even deeper dive into legal research? We’ve got you covered. Try our 4-month comprehensive course on ‘Advanced Program in Legal Research and Analysis.’ This course is a step up from the 2-month version, giving you an extended learning period packed with all of the above as well as the following additional benefits:
- Join over 25 live sessions where you’ll learn practical legal research and writing skills to help you succeed in both academia and your legal career.
- Take part in 4-6 monthly freelancing sessions, where you’ll learn how to price your services, network, and manage clients to build a successful freelancing career.
- Get personalized feedback on every assignment so you can improve and grow your skills.
- Learn how to create and improve your freelance profile with simple steps that make you stand out.
- Master advanced research tools, including popular legal databases and AI tools, to take your research to the next level.
- Discover SEO tips for legal writing, helping your content get more attention online.
Want to level up your legal research skills? Solid research doesn’t just help with academics. It makes your moot memos stronger and your arguments more persuasive. If you’re serious about moots, the ‘Moot Course & Competition’ by LLS could be just what you need!
