Ukashatu Ibrahim

Ukashatu Ibrahim, a 500 level student, Faculty of Law, Usmanu Danfodio University – Sokoto has emerged as the winner of TheNigeriaLawyer (TNL) monthly essay competition (June Edition).

TNL had, in a bid to encourage students to write, organized an essay competition for law students across the country on the importance of legal writing. Ukashatu who won the competition has been given his prize.

Below is the said essay of Ukashatu

IMPORTANCE OF LEGAL WRITING TO A LAWYER

INTRODUCTION

Writing skills is one of the essential features of a (good) lawyer. Just like a business man who uses money or other capital, to keep his enterprise running, or that doctor, who uses his medical expertise to discharge his duties; likewise, Writing is one of the most important tools a lawyer uses in carrying out his professional activities. A lawyer cannot run or divorce himself from writing, because it is what characterizes his him_it is his calling. The ability to write is one of the most important skills a lawyer can possess.[1]

Hence, this write up intends to bring out the importance.

               DEFINITION OF THE TERM “LEGAL WRITING”

According to Wikipedia, Legal writing involves the analysis of fact, patterns and presentation of arguments in documents such as legal memoranda and briefs. One form of legal writing involves drafting a balanced analysis of a legal problem or issue. Another form legal writing involves drafting legal instruments, such as contracts and wills.[2]

Legal writing is the style of writing used when you are writing a document that is filed or presented at court.[3]

IMPORTANCE OF LEGAL WRITING TO A LAWYER

Legal writing skills prevents a lawyer from filing incoherent legal documents. When legal documents are poorly written, the judge has difficulty understanding your situation and your legal arguments might be lost. The easier it is to understand your documents, the more convincing your legal arguments will be.[4]

A lawyer equipped with legal drafting skills is able to identify his target audience who is going to read the document[5]; makes him ensure that the legal document is structured properly.[6]This will invariably, make the public always anxious to read his write up whenever they see one, thereby gaining popularity, relevance and wider connections.

Legal writing opens doors of opportunities to a lawyer; earns a seat at the high table, which he would not have ordinarily earned; his age irrespective. It gives him the opportunity to meet and dine with the big wigs in the profession.

A lawyer is described as a “learned”, because of his ability to think and view events critically, analyze problems and proffer remarkable solutions to same. This ability, is easily harnessed through irresistible legal writing. (This) also presents a lawyer with an opportunity to widen his horizon and gain new knowledge.[7]                                                                                                                                    Proficiency in legal writing, plays a crucial role in drafting court processes. One of the invaluable assets that a Counsel must always possess is drafting skills.[8]Well written addresses are mostly written by experts in legal writing and this adds more credence to their briefs, and consequently, tilts the success of the judgment in their favour; this is without prejudice to the credible evidence led before the court.

Speaking on the necessary drafting skills a Counsel must possess, the court of appeal, in SCOA (NIG) PLC VS DANBATTA (2002) 13 NWLR (Pt. 785) 461 at 472 C-F, opined:

“Drafting is an important tool in advocacy. A solicitor who could not present his client’s case clearly in the brief, if it is a case in the appellate courts, or in the pleadings, if it is a case before the High Court or Federal High Court, could not adequately represent the interest of his clients. An otherwise good case is destroyed and lost by bad pleadings…Counsel should pay more attention to drafting as no counsel could be good and make marks in advocacy if he is poor in drafting mechanism.”

The court continued;

“It is hoped that Counsel to the Appellants will take time out to study and learn how to prepare and draft an appellate Court brief of arguments and better his services to his clients in future.”

On the need for a counsel to display proper legal expertise in drafting court processes, the court of Appeal, in OBOSI V. NIGERIAN POSTAL SERVICE (2013)LPELR-21397(CA) quoted with approval, the dictum of Aderemi J.C.A (as he then was) in Arabella v. Nigerian Agricultural Insurance Corporation (2002) 15 NWLR (Pt.791) 570. The learned Justice stated, at page 582:

“To say the least, the above five issues raised by the cross-appellant are very horrible. They do not indicate that a person with legal training has drafted them. It seems to me that an ordinary prose writer who has no learning in the profession of law will produce far better and knowledgeable issues than the above five issues. If the profession of law will not be subjected to ridicule, I think counsel of the type holding himself out as representing the cross-appellant in this matter will do well to seek the assistance of able and well learned senior members of the Bar (and they are legion in Nigeria) to always help in vetting whatever processes he prepares before filing same in the Registry of any court.”

Emphasizing on legal drafting skills, the court of Appeal, Per Danjuma J.C.A, in MAGAJI v MUSA KUYANBANA (2013) LPELR-20785(CA) (14, Paras. A-D) held:

“I should point out that legal work is one that requires not only skill on the part of its practitioner but it does require meticulous and due diligence. In this wise, therefore, learned counsel must ensure that as a minister in the temple of Justice where only learned men practice, the proof of true learning must be exhibited, not only in advocacy, but indeed in the drafting of legal documents. Drafting, being a skill that is expressed in the English Language, must convey the intent and purpose not only in clear and terse language but must show the appreciation of the English Language which is the tool of the profession.”

The forgoing cases have brought out the core importance of legal writing to a lawyer.

CONCLUSIONS

Gleaned from the comments made by the appellate court above, against counsels (generally) that are bereft of the minimum standard of legal writing skills, it is crystal clear that, legal writing is of immeasurable importance to a lawyer.

[1] [RSSN] What is “Good Legal Writing” And why it does Matter? By Mark K. Osbeck

[2] http//.en.m.wikipedia.org accessed 6 June, 2020.

[3] http//www.justiciaeducation.ca accessed on Tuesday, 6 June, 2020.

[4] Ibid.

[5] http//www.myadvo.in

[6] Ibid

[7] “Legal Skills of the Future; A Guide on Necessary Skills for Lawyers” By Vivian Uzoma.

[8] Alhaji Ahmed Mukhtar Yusuf v. Alhaji Mamuda Maikananzir (2013) LPELR-22617(CA) Per Abiru J.C.A (Pp. 26-27, paras. G-E)

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