Administrative Assistant / Secretary: A Simple Guide To Legal Documents

Grammalogues
Business secretaries will probably not be called upon to take legal dictation, but it’s helpful to have a brief knowledge of legal grammalogues. A grammalogue is a shorthand shortcut for full expressions used.

When taking dictation, it’s useful to be able to write in one stroke the representation for “time is of the essence,” “writ of habeas corpus,” “denied certiorari,” and other phrases. You can have your notes complete before the person dictating has finished a sentence because you know what he or she means to say and how to record it quickly.

Document Formats
When you are asked to type or print a legal document, use plain white legal paper, 8½ × 14 inches, or legal cap paper, which is the same size but has a wide ruled margin at the left and a narrow ruled margin at the right. The text must be kept within these ruled margins. Wills are written on heavy noncorrectable paper of legal size without ruled margins.
Always double-space legal papers and reports, with triple spaces between paragraphs. Retain a 2-inch margin at the top and a 1-inch margin at the bottom of the page. If plain paper is used rather than ruled, leave a 1½-inch margin on the left and a ¾-inch margin on the right.
Indent paragraphs ten spaces; for land descriptions or quotations that are single spaced, indent an additional five spaces.
If copies are to be signed (called duplicate originals), they are printed on the same kind of paper as the original.
Number the pages in the center of the bottom of the page (¾ inch from the bottom edge), except for briefs, which are numbered in the upper right corner. The first page number is not marked.
Legal documents are bound with a sheet of heavy backing paper (9 × 15 inches). The backing sheet should be folded to provide four sections of the sheet 9 inches long. On one of these sections, type an endorsement, and label to briefly describe what the document represents.

Following is an example of an endorsed mortgage backing:
No. A-31075
RELEASE OFOIL AND GAS LEASE
FROM
WILLIAM P. ALLEN
TO
FIRST CITY BANK OF NEW YORK
Printed legal forms of many kinds, referred to as “law blanks,” can be obtained at stationery and office supply stores and at legal stationers. They are easily filled in with a pen and are quickly read. They may sometimes serve as a guide in drafting a document on your computer.
When writing numbers in legal documents, write them in words, and repeat them immediately in numerals inside parentheses; for example, “ten thousand five hundred and seventy-five (10,575),” or “ten thousand five hundred and seventy-five dollars ($10,575)”. Dates may be spelled out, or you may express the day and the year in numerals, with the month always spelled out.

The following words and phrases often used in legal documents are customarily written in full capitals, usually followed by a comma, a colon, or no punctuation:
THIS AGREEMENT, made this second day of . . .
KNOW ALL MEN BY THESE PRESENT, that . . .
IN WITNESS WHEREOF, I have this day . . .
MEMORANDUM OF AGREEMENT made this twenty-fifth day of . . .
Case titles are always underscored, followed by a comma, the volume and page numbers, and date:
Johnson v. Smith, 201 Okla. 433, 32 Am. Rep. 168 (1901).

Notary Public Forms
In a small office and even in many larger offices, the administrative assistant is probably also a notary public. 

Codicils to a Will
Additions to and changes to a will are made by an instrument known as a codicil, sometimes written on the last page of the will. It must be dated, formally executed, signed, witnessed, and probated with the will.

Commonly used forms of notary public acknowledgments:
 

For an individual:
State of ______________
County of ________________
On the ____ day of _____, 20___, before me came ___________________ known to me to be the individual described in and who executed the foregoing instrument and acknowledged that he (or she) executed the same.
___________________________
Notary Public
[Stamp and Seal]
 

For a corporation:
State of ______________
County of ________________
On the ____ day of _____, 20___, before me personally appeared ________________ to me known, who, being by me duly sworn, did depose and say that he (or she) resides at __________________; that he (or she) is _____________________ (title) of __________________ (Company), the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the (title) of said corporation; and that he (or she) signed his (or her) name thereto by like order.
___________________________
Notary Public
[Seal]
 

For a partnership:
State of ______________
County of ________________
On the ____ day of _____, 20___, before me personally appeared ________________ to me known, and known to me to be a member of ___________________ (name of partnership), and the person described in and who executed the foregoing instrument in the firm name of ________________, and he (or she) duly acknowledged to me that he (or she) executed the same as and for the act and deed of said firm of ________________ (repeat name of partnership).
___________________________
Notary Public
[Seal]

Sample of a codicil to a last will and testament:
I, JOHN PHILIP MOORE, a resident of the City of Chicago, County of Cook, State of Illinois, do hereby make, publish, and declare the following as and for a codicil to the Will and Testament heretofore by me executed, bearing date of the ______th day of _________, 20_____.
FIRST: [state provisions]
SECOND: [state provisions]
In all other respects and except as hereinbefore set forth, I hereby republish, ratify, and confirm my said Will, dated the _______th day of ________, 20_____. WITNESS MY HAND AND SEAL this ______ day of _______, 20_____.
_______________________________
[Seal]
 

Sample of attestation:
The foregoing Codicil, consisting of one-half page, containing no interlineations or erasures, was on the date thereof signed by the above-named Testator and at the same time published and declared by him (or her) to be a Codicil to his (or her) Last Will and Testament. The said Testator signed this instrument in the presence of the undersigned, who acted as attesting witnesses at his (or her) request. Each of the undersigned signed as a witness in the presence of the Testator and in the presence of each other. At the time of the execution of this Codicil the said Testator was of sound mind and memory and under no undue influence of restraint.
NAME *_____________  ADDRESS: *________________
_________________________
_________________________
*The secretary usually types the name and address of each witness beneath these lines.

Agreements and Contracts
Agreements or contracts should state the obligations of each party.

Proxy
A proxy is a form of power of attorney given by one person to another, authorizing the second person to vote in lieu of the first person at a meeting of a corporation.

A Sample contract:
THIS AGREEMENT, made this _________ day of ________, 20____, between ______________ of _______________, First Party (hereinafter called the Seller), and ______________ a corporation under the laws of the State of ____________, with principal place of business in _____________, ____________ (city and state), Second Party (hereinafter called the Purchaser),
WITNESSETH:
WHEREAS the Seller has this day agreed to ________________; and WHEREAS the Purchaser is willing to ________________; and WHEREAS_______________; NOW, THEREFORE, it is agreed that _________________. WITNESS the signatures of the parties hereto on the date aforesaid.
_______________________
Seller
_______________________
Purchaser
By_____________________
President
[Corporate Seal]

A Sample proxy:
[Corporate Seal]
I, JOHN WILLIAM SMITH, do hereby constitute and appoint HAROLD JACKSON attorney and agent for me, to vote as my proxy at a meeting of the stockholders of THE JOHN SMITH CORPORATION, according to the number of votes I should be entitled to cast if personally present.
Date: ________________________    ______________________________