3. TECHNICAL WRITING
Produce Literature
User Manuals
Reference Manuals
Policy and Procedure Guides
Requests for Tender or Requests for
Proposals
4. Technical Writing
Engineers are Information Specialists
Learned skill
Encourage firms to build in courses in
formal training program
Discrete Discipline
In IT circles: Subject Matter Experts
(SME)
Courses and Books
5. Technical Writing
Why is a lawyer commenting on
Technical Writing???
What is more important ..written or oral
communication skills
6. Technical Writing
This is NOT a “how to” lecture
Identification of a purpose and intended
audience
Often lost or not evident on reading
Purpose may dictated tone, format and
content:
who will be relying on and for what purpose
What use might be made of the document in
the future
13. Technical Writing
Two Examples
Specifications
Forensic Expert Reports
14. Technical Writing
Specifications
Rely on precedents without understanding
content and intended application
Ambiguous
Redundancies
Inconsistencies
Prolix
15. Technical Writing
Specifications
Engineers can be sued in negligence for
drafting errors
16. Technical Writing
Specifications
Throwing legal language into specification
17. Technical Writing
Expert Reports for Court
Very expensive to find out engineer cannot
write the necessary report
Only option is not to use report
Report has to follow certain guidelines
Report has to stand alone as a complete
document and be understood by Judge
Report has to include all assumed facts
Engineers working papers will be produced
18. Technical Writing
Without Prejudice Communications
Labeling it does not make it so
Marking it ‘Confidential” does not protect it
from disclosure in an action
Communications between solicitor and
client
Communications for purpose of settling a
dispute
19. Technical Writing
Without Prejudice Communications
When contemplating litigation,
communication with experts often goes
through legal counsel to preserve or
protect privilege
But privilege can be waived – possibly
inadvertently
20. Technical Writing
Without Prejudice Communications
When you participate in a meeting with
legal counsel or you provide documents for
legal counsel, mark them Privileged,
Prepared for/in anticipation of Litigation
Communicate only with legal counsel –
don’t copy the client. Let legal do that.
Records of meetings or discussions with
legal counsel – mark them clearly –
suggest writing in red
21. Technical Writing
Record Keeping Generally
Loss Control Procedures 101
Write it down, keep records
Accurate, complete and made at the time
Don’t fabricate, back-date or alter, no
matter how tempting
Records belong to your company
Follow any corporate record keeping
protocols
22. Technical Writing
Record Keeping Generally
Loss Control Procedures 101
Keep record factual
Should have a policy and procedure for
dealing with email communications
Assume someone else will be looking at
your file and communications
23. Technical Writing
Record Keeping Generally
Loss Control Procedures 101
Think about what would happen if you left
the firm suddenly and someone else had to
step in
