Legal Writing and Documentation
Legal Writing and Documentation
This domain assesses whether you can produce documents a court and client can rely on: pleadings, discovery, correspondence, memoranda, and file memoranda. The exam tests structure, accuracy, tone, citation discipline, and the administrative details that make a document filing-ready.
Core rules
- Every court document begins with a caption identifying the court, parties, case number, and document title. The title must match the relief sought.
- Pleadings state claims or defenses in numbered paragraphs, with clear factual allegations and a demand for relief.
- A legal memorandum typically uses IRAC or CREAC: issue, rule, application, conclusion. Keep facts separate from analysis.
- Correspondence should identify the matter, state the purpose in the first paragraph, use a plain professional tone, and avoid admitting facts or giving legal advice.
- Citations must identify the source and, for quotations or specific propositions, a pin cite. Follow the court’s local citation and formatting rules.
- Discovery documents must be served, not filed, unless the rules require filing; include definitions, instructions, and a certificate of service where required.
Worked example
A paralegal drafts a complaint caption as “Smith v. Jones, Case No. 24-CV-100, in the Court of Common Pleas.” The firm’s filing is in federal district court. The caption is wrong because it names a state court. The correction is to name the federal district court, retain the case number only if one has been assigned, and match the document title to the complaint being filed. The certificate of service should show the method and date of service on each party.
Traps
Mismatching the court or case number; omitting a certificate of service; using argument-style headings in a pleading; citing a case without a pin cite for a quotation; and including client confidences in a document copied to opposing counsel. Do not clean up a filed document without preserving the original.