NFPA Paralegal Core Competency Exam (PCCE)Legal Writing and CommunicationMedium
A paralegal is reviewing a draft affidavit from a witness. The witness has a tendency to ramble and include irrelevant personal anecdotes. Which of the following principles of legal writing should the paralegal primarily apply when editing this affidavit?
- AConciseness and relevance.
- BEmphasis on persuasive rhetoric.
- CAdherence to strict formatting guidelines.
- DIncorporation of all witness statements verbatim.
Show answer & explanationAnswer & explanation
Correct answer: A. Conciseness and relevance.
Affidavits should be concise and contain only relevant factual information. The paralegal's role is to ensure the document focuses solely on the pertinent details, removing extraneous information while preserving the witness's essential testimony.
Why the other options are wrong
- B. Persuasive rhetoric is generally inappropriate for affidavits, which are factual statements under oath.
- C. While important, formatting guidelines are secondary to the content issues of rambling and irrelevance.
- D. Incorporating all statements verbatim, especially irrelevant ones, would undermine the purpose of an affidavit.
Affidavit Drafting Principles
An affidavit is a sworn written statement of fact. It must be clear, concise, factual, and relevant to the legal matter.
- Must be based on personal knowledge.
- Should be concise and avoid extraneous details.
- Must be signed under oath or affirmation.
Memory trick: Affidavits are Facts, Not Fluff; Keep it Tight, That's Enough.