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决胜Juris Doctor全A Output②:Adapting writing for you audience

决胜Juris Doctor全A Output②:Adapting writing for you audience 法学生 AI 生产力
2023-03-01
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导读:Client not in the legal profession are unlikely to wanna see the flow of a letter interrupted with l

系列卷首语:决胜Juris Doctor全A攻略根据走访、观察普通法系顶尖法学院传奇JD毕业生,整理其榜样力量而写成,助力每一位法学留学生be the best of your batch!!!

Output子章节卷首语:正式法律书面写作是JD课程的大基本,也是知识“输出”的主要途径,本系列将提供一套可执行的法律写作训练,帮助你点滴积累,直至能写出漂亮的英美普通法文件。

本系列上期 ①:Accuracy in professional formal writing
程磊 郭文汐,公众号:Bamboo Splint 跨境金融法律订阅决胜Juris Doctor全A Output①:Accuracy in professional formal writing

In the legal profession, you will find that you have to wrtie a range of different documents for different recipients. How would contents and style change if you are writing to a colleague in your firm, or to a client outside the firm?


以下这封律师写给客户的邮件是否succeeded in communicating clearly with their client?

After work on identifying and simplifying the phrases,简化之后的表述将会是这样:


※举例而言:

Agricultural Seed Arbitration Act.s20(2)(c) the "Act"

如果客户对接人not in the legal profession, they are unlikely to want to see the flow of a letter interrupted with long legal citations.

其他处理方式:引述放在脚注里


How to make it clearer to the reader about the kind of source Fitzgerald v. Advanced Spine is referring to?普通法案例引述怎么清楚地添加在信函中:

处理方式:添加glossing phrase提示词 → as in the court case of Fitzgerald v. Advanced Spine


👉让我们看一下表述简化背后都涉及哪些基本功吧...

面向律所同事的邮件写作风格: 面向client客户的邮件写作风格:

Able to use more legal terminology/legal jargon (legalese).


Avoid that.
Less need to give background details, cuz they're more likely to know the circumstances for your email.
might need to include more background explanation to "put them in the picture"告知新情况.
Able to adopt a more informal tone if you know them well.
Tone be respectful while still explaining points clearly and simply.

The email and letter writing process 电邮写作标准流程:

To make sure you write an email or letter in a way which is appropriate for your purposes and your recipient(s), you can follow the steps listed below.

确定读者《 写作风格和口吻《 基于想传达的信息和回函功能脑暴内容并搜集相关材料《 攥写《 检查回函抄送列表是否准确《 添加enclosures附件


The standard organisation of a letter of advice to a client would follow:

客户称谓《 标题《 写作起因《 相关事实facts简要梳理《 重点法律问题和可能的不利后果《 法律建议及需客户采取的具体步骤《 结语《 敬语《 添加附件

Stardard structure
Standard phrases
Dear [Recipient]

Heading
Re/Ref is quite old-fashioned
Context - i.e., the reason for writnig
Following our telephone conversation today, I am writing...
Brief background - relevant facts
You explained to me that you are facing a libel action...
Short summary of issues and possible outcomes
There are several elements to consider with the libel action. The first issue is... The second consideration is ...
Concluding advice, including next steps
Consequently, I would advise...
Closing formalities - bringing letter to a close
I hope this is helpful. Please do not hesitate to contact me if you have further questions.
Yours sincerely
Best wishes,/Best regards,(to people you know well)
Regards,(more formal)
Yours,/Yours sincerely,/Yours faithfully(to a client)
Enclosures/c.c.


收件人称谓从非正式/熟悉-正式/不熟悉A logical order of formality with possible circumstances:

  • Hi all, (an email to team members, e.g. for a quick reminder)

  • Hi Muhammad, (an email to a colleague you know well)

  • Dear Luisa, (an email/letter to someone you have close contact with)

  • Dear Ms Patel, (an emial/ leeter to a person you might have spoken/written to, but do not know well)

  • Dear Managing Director, (an email/letter when you know the position, but not the name, of the person you want to write to)


10 more good opening lines:

  • With reference to your letter of 8 June, I … .

  • I am writing to enquire about … .

  • After having seen your advertisement in … , I would like … .

  • After having received your address from … , I … .

  • I received your address from … and would like … .

  • We/I recently wrote to you about … .

  • Thank you for your letter of 8 May.

  • Thank you for your letter regarding … .

  • Thank you for your letter/e-mail about … .

  • In reply to your letter of 8 May, … .


10 more good closing lines:

  • If you require any further information, feel free to contact me.

  • I look forward to your reply.

  • I look forward to hearing from you.

  • I look forward to seeing you.

  • Please advise as necessary.

  • We look forward to a successful working relationship in the future.

  • Should you need any further information, please do not hesitate to contact me.

  • Once again, I apologise for any inconvenience.

  • We hope that we may continue to rely on your valued custom.

  • I would appreciate your immediate attention to this matter.


Plain English instead of Legalese

Formal phrase
Simpler alternative
Enclosed please find
I have enclosed
At your earliest convenience
As soon as you can
conducted legal research
Researched /investigated
the question as to whether
whether
subject to certain qualification
There are exeptions
at liberty to explain further via
Happy to explain further on
return same
return it/ the agreement
Pursuant to 
Following
common law construing
Legal interpretation of 
canon of construction
interpretation

A fuller list for simplifying legal terms can be found on:

For a list of simple alternatives to legal terminology, see Plain English Campaign, "A to Z of legal phrases"
http://www.plainenglish.co.uk/a-to-z-of-legal-phrases.html

请在评论区提出任何对本文的观点或建议,作者会尽快友善回复。

有意转载Bamboo Splint竹帚金融法律评论文章或有意愿于本订阅号投稿的朋友,欢迎联系作者:

Butler Cheng// e0724230@u.nus.edu

Vency Guo// e0724249@u.nus.edu


We'd appreciate, if you could 

我们会很感激,如果你可以 

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