Br. Mahyuddin Daud                                                       Introduction to Legal Skills 
               Department of Laws,CFSIIUM                                                               LAF2133 
                                                                          1                              Topic 6 
               GUIDE TO LEGAL LETTER WRITING  
                
               Introduction 
                
               Legal letter writing is a very important drafting skill. It is used more than any other drafting 
               technique, but is perhaps the least emphasised in drafting courses and manuals. Badly drafted 
               letters can adversely affect your client’s case. In extreme cases, they could also found an action 
               against you in negligence. 
                
               Advances in technology have changed the ways in which letters can be sent, eg to faxes and e-
               mail, but the substance and importance of letter writing remains relatively unchanged. 
                
                
               The aims of Legal Letter Writing 
                
               The aim of legal letter writing depends on the type of letter that is being written. Letters can be 
               put into two broad categories: 
                
                   1.  letters to and from your own client 
                   2.  letters to and from opponents, third parties and other lawyers. 
                        
               Letters in the first category set the scene for the relationship between solicitor and client. It is the 
               channel through which advice and instructions are confirmed. 
                
               Letters in the second category can be used as a tool through which others may be persuaded, 
               cajoled, threatened or compelled to take certain action. They are a means to establishing and 
               conducting constructive discourse. 
                
               Generally, letters in both categories provide a record through which the history of the case can be 
               traced. 
                
               Summary of the most important aims of legal letter writing: 
                
                   1.  To convey information (including advice or opinion) 
                
                   2.  To persuade 
                
                   3.  To obtain information 
                
                   4.  To create a particular impression 
                
                   5.  To make an offer of settlement 
                
                                                                          
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                 http://www.vanuatu.usp.ac.fj/student_resources/Resources_Main/legal_letters.html 
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               Br. Mahyuddin Daud                                                     Introduction to Legal Skills 
               Department of Laws,CFSIIUM                                                             LAF2133 
                                                                                                       Topic 6 
                   6.  To confirm or record 
                
                
               The Recipients of Legal Letters 
                
               In writing a legal letter it is always important to bear in mind who the recipient is, as this will 
               dictate the tone and content of the letter. These will be: 
                
                   1.  Clients 
                   2.  Witnesses (experts, lay witnesses) 
                   3.  Court officials 
                   4.  Other lawyers 
                   5.  Miscellaneous  others  (title  search  officials,  government  officials,  insurance  personnel 
                      etc.) 
                
                
               Essential Qualities of all Legal Letters 
                
               You should always plan your letter in advance. It is wise to follow established forms and styles, 
               unless you have a good reason not to. They have the advantage of having been tried and tested. 
               Clearly identify: 
                
                   1.  the name and address of the intended recipient; 
                   2.  the date on which it is sent; 
                   3.  the identity of the sender; 
                   4.  the matter the letter addresses. 
                
               You should also comply with any local requirements regarding your official stationery. 
                
               Always keep a copy of your letter on the file. 
                
               All legal letters must: 
                
                     Be accurate and complete 
                     Be clear and precise 
                     Use plain English and contemporary vocabulary wherever possible 
                     Be short, simple, and direct: use short sentences and the active voice where possible. 
                     Use and appropriate tone 
                
                
               Formalities of Legal Letter Writing 
                
               There are a number of conventions that prevail in the form and style of legal letter writing. Some 
               are different from those that apply in other contexts. House styles of different lawyers and firms 
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               Br. Mahyuddin Daud                                                     Introduction to Legal Skills 
               Department of Laws,CFSIIUM                                                             LAF2133 
                                                                                                       Topic 6 
               differ to some extent. Clients and other recipients become used to these conventions, understand 
               them and this itself is a reason for continuing them. 
                
               Where to place the addressee’s address 
                
               Put this in the upper left hand of the page under the addresser’s letterhead. The address should 
               include the fax number, if that is how it is being sent. By convention the physical address is 
               always included, even if the letter is sent by fax, 
                
               The date 
                
               Insert the date under the address. 
                
               Salutation 
                
               It is usual to address a letter to a client or potential witness in the personal form, using their 
               family name or even, if you have been encouraged to do so by the client, their first name. In 
               some  cases,  for  example,  where  the  client  is  a  child  in  a  personal  injury  case,  it  may  be 
               appropriate to use the more familiar form of address in any event. 
                
               By  contrast,  when  writing  to  members  of  the  public  who  are  neither  clients  nor  potential 
               witnesses, a less personal approach may be preferable. A letter of demand should begin ‘Dear 
               Sir’. A letter to the Registrar of a court, who is known to be female, should be to ‘Dear Madam’. 
               In writing to solicitors or other commercial concerns in connection with your professional work 
               the convention is to use ‘Dear Sirs’ if the partners are all male. If they are not, or where the 
               gender  of  the  recipient  is  unknown,  ‘Dear  Sir/Madam’  or  even  ‘Sirs/Madams’,  might  be 
               appropriate. The letter can be addressed to an unnamed individual in an organisation, such as 
               ‘The Managing Director’ or ‘The Secretary’, in which case, ‘Dear Sir/Madam’ is a suitable 
               opening. 
                
               Always use a reference, if it is provided by which the person or organisation with whom you are 
               corresponding. This not only enables the recipient to find the relevant file more speedily, but also 
               looks, and is, efficient. 
                
               Addressing a letter appropriately sets both a scene and a standard. Inappropriately addressed 
               letters create the wrong impression of your professionalism. 
                
               The heading 
                
               Usually underlined, sometimes with the short form "Re:" before it 
                
               It will have a file reference if there is one. 
                
               Example: ‘Re: Purchase of Residential Property at Tassiriki’ 
                
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               Br. Mahyuddin Daud                                                     Introduction to Legal Skills 
               Department of Laws,CFSIIUM                                                             LAF2133 
                                                                                                       Topic 6 
               It is helpful to use further headings and subheadings in a letter to assist in understanding. 
                
                
               Openings 
                
               Make sure that  your  recipient  knows  why  you  are  writing.  If  the  letter  is  following  up  on 
               something, such as a meeting, a phone call or another letter from or to the recipient, refer to this. 
               Put the letter into context for the reader, especially if the letter is to be more than a paragraph 
               long. 
                
               Body of the letter 
                
               Keep in mind the audience, the purpose and the qualities of a good legal letter. 
                
                
               Letter of Advice to Client 
                
               In letters of advice to clients, a good structure to follow is: 
                
                   1.  Purpose 
                
                   2.  State what the letter is for. 
                
                   3.  Problem 
                
                   4.  State the facts that give rise to the problem 
                
                   5.  Summarise your conclusion 
                
               It may seem strange to state your conclusion near the beginning of a letter. However, it is not a 
               mystery novel you are writing and stating a conclusion can assist the reader in understanding 
               what you have to say the remaining parts where you analyse the problem and set out options. 
                
               Possibilities 
                
               Discuss the options that are available in view of the facts and the law that apply. 
                
               Proposal 
                
               Set out one of the options as the one you would recommend to the client and explain why it is the 
               most beneficial to them. 
                
                
                
                
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