Legal Writing Conventions: Formal vs. Informal Style

Introduction: Two Modes of Writing

The following exercise illustrates the conventions of legal writing by presenting two distinct writing samples — an informal personal letter and a formal legal analysis — and then comparing them in terms of diction, tone, structure, and the use of concrete versus abstract language.

Informal Personal Letter

I am no longer willing to continue in a relationship with you. I have tried very hard over the past several months to be patient with you. However, I simply cannot tolerate your behavior any longer. In fact, I am convinced there is something very wrong with you.

It is simply unacceptable for you to hang up the phone on me, repeatedly, in the middle of our conversations. I can't think of anything more rude in a long-distance relationship when two people spend so much time on the phone. I don't understand how you can profess to care for me and then behave in such a pathological manner.

Perhaps that pathology is why you run out of restaurants when we're together. You don't seem to realize that crawling on the floor to get out of a booth is unacceptable behavior, and indicative of some deep-rooted problem on your end. The same sentiment applies to the multiple times you have gotten in my face waving your hands like you're going to strike me. For me to stay with you I would have to devalue myself as much as you do, which is why I'm much better off without you.

Formal Legal Liability Analysis

In the aforementioned scenario, B is liable for a number of criminal actions. In fact, B is solely liable for all criminality discussed within this particular case study. He is liable for theft of A's credit card number — which is not the same as being held liable for stealing the card itself. What he stole was the number, which he used for legal purposes (to access pornography). Additionally, B is also liable for damaging A's property by cracking A's safe. B is responsible for whatever damage was done to the safe in order to obtain the credit card information inside. Thus, B is primarily liable for inflicting property damage and for stealing A's credit card number.

Comparing Formal and Informal Writing Styles

The most distinguishable difference between the two types of writing presented in this document is that the letter is far more colloquial and informal than the legal liability analysis. In terms of diction, the latter utilizes more polysyllabic words such as additionally and criminality. The diction in the letter, by contrast, is characterized by words people use in everyday speech rather than in formal writing. Examples include the repeated use of the word very, which is neither descriptive nor academic.

This difference is also reflected in the style of each response. The letter relies on informal contractions, whereas the legal analysis employs more sophisticated sentence structures. The use of the em-dash is a good example of this distinction. On the whole, the second response is far more analytical than the first. The letter relies on unprofessional emotional appeals to make its point, while the legal analysis is grounded in logic and a refined expression of language.

References

Tyler, T. (2012). Nailing the Baby Bar: How to Write Essays for the California First Year Law Student Exam. Practical Step Press.