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Legal writing is of two, broad categories: (i) legal analysis and (ii) legal drafting. Legal analysis is two-fold: (1) predictive analysis, and (2) persuasive analysis. In the United States, in most law schools students must learn legal writing; the courses focus on: (1) predictive analysis, i.e., an outcome-predicting memorandum (positive or negative) of a given action for the attorney's client; and (2) persuasive analysis, e.g., motions and briefs. Although not as widely taught in law schools, legal drafting courses exist; other types of legal writing concentrate upon writing appeals or on interdisciplinary aspects of persuasion.
Predictive legal analysis
The legal memorandum is the most common type of predictive legal analysis; it may include the client letter or legal opinion. The legal memorandum predicts the outcome of a legal question by analyzing the authorities governing the question and the relevant facts that gave rise to the legal question. It explains and applies the authorities in predicting an outcome, and ends with advice and recommendations. The legal memorandum also serves as record of the research done for a given legal question. Traditionally, and to meet the legal reader's expectations, it is formally organized and written.
Persuasive legal analysis
The persuasive document, a motion or a brief, attempts to persuade a deciding authority to favourably decide the dispute for the author's client. Motions and briefs are usually submitted to judges, but also to mediators, arbitrators, and others. In addition a persuasive letter may attempt to persuade the dispute's opposing party.
Persuasive writing is the most rhetorically stylised. So although a brief states the legal issues, describes authorities, and applies authorities to the question--as does a memorandum--the brief's application portion is framed as an argument. The author argues for one approach to resolving the legal matter and does not present a neutral analysis.
Legal drafting
Legal drafting creates binding, legal text. It includes enacted law like statutes, rules, and regulations; contracts (private and public); personal legal documents like wills and trusts; and public legal documents like notices and instructions. Legal drafting requires no legal authority citation, and generally is written without a stylised voice.
Legal Writing in Academia
Mercer University School of Law is home to the Legal Writing Institute, the world's largest organization devoted to improved legal writing. The Institute's 1800 members represent attorneys, judges, and legal writing professors in the United States, Canada, Europe, Asia, Australia, and New Zealand. Mercer’s legal writing program has been ranked first or second since US News & World Report began the specialty ranking in 2006. The program was ranked first in 2006 (tied with one other school), second in 2007, and first in 2008.
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