Legal Writing and Document Drafting
Core concepts
Legal writing requires clarity, precision, structure and citation of legal sources. Documents must be logically organised: identification of parties, facts, legal grounds, request and date. Common documents include petitions, contestations, appeals, contracts, powers of attorney and administrative requests.
Good drafting avoids ambiguity, uses defined terms consistently, and states facts objectively. Citations should identify the law, article and paragraph. Formal requirements (signature, date, annexes) must be observed.
Traps
- Mixing facts and legal argument without clear separation.
- Omitting the request (pedido) or making it vague.
- Failing to cite the legal basis.
- Using ambiguous pronouns that confuse the parties.
Rule of thumb
Use the IFRAC structure: Issue, Facts, Rule, Application, Conclusion. Each paragraph should serve one purpose.
Worked example
A petition that describes facts but omits a clear request is defective; the judge may invite correction, but the party risks preclusion if it fails to comply.