Page 66 - RESEARCH HANDBOOK FOR LL.M. AND PHD

6. Cite primary sources.

In a legitimate legal discussion, even the least strict constructionists at least begin by examining
and citing the relevant law itself. Constitutional clauses, statutes, regulations, and judicial
decisions are the primary building blocks of legal analysis; everything else is, literally,
commentary. You can’t write a good legal research paper based solely on citations to secondary
sources such as law review articles and textbooks.
You have to begin with the actual law. Then, you can argue about interpretation. Legal readers,
in the first instance, want to know what the law itself says, rather than what some law professor
has to say.
7. No gratuitous comments

Legal writing is not the place for gratuitous comments (e.g.,”We should not forget that...” or
”Unfortunately, the court disagreed...”) or throwaway lines. Words are the attorney’s only tool,
so law students must learn to write as though every statement counts. In the same vein use of
rhetorical questions (e.g.,”Why, you might ask...”) should be minimized in legal wilting, in
favor of declarative statements. The reader wants to know your position on the issues, and
providing your position as an answer to a rhetorical question may strike many readers as a bit
condescending or patronizing.
8. Keep the tone serious,

Legal writing does not have to be somber and boring- Indeed, it ought to be creative and
interesting. Creativity and provocation must take place, however, within a serious tone. Certain
techniques that may fit well into certain other forms of writing (e.g.,humor, rhetorical
questions, a ”whiz bang!!” feel) detract from the purpose of a legal research paper, which is to
persuade the reader to agree with—and ultimately to act upon—your argument. The worst
criticism that can be leveled against an attorney is ”He/she is dishonest,” but the next most
devastating is ”He/she’s a joke.” An attorney is of little value to the client if others won’t take
the attorney seriously, and law students should learn how to begin to earn that respect through
their writing style.

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