Effective legal writing is crucial in the legal profession. Lawyers and legal professionals like paralegals rely on written communication to convey their arguments, analyse complex issues, and advocate for their clients. For paralegals, legal writing serves as the foundation for many of their tasks and responsibilities. Paralegals often assist attorneys in drafting legal documents like briefs, memos, contracts, and pleadings. They rely on their strong legal writing skills to effectively communicate legal arguments, conduct legal research, and present complex information clearly and concisely. A survey conducted by the Legal Writing Institute revealed that 9 in 10 practising attorneys believe that strong legal writing skills are crucial for success in the legal profession. Additionally, paralegals play a crucial role in the proofreading and editing process, ensuring that the documents they handle adhere to proper grammar, punctuation, formatting, and citation standards. This blog will provide practical tips and guidance for improving legal writing skills.
8 Tips for Effective Legal Writing
1. Understand Your Audience
According to a 2016 survey conducted by Josh Bernoff with 547 business people, the respondents spent an average of 25.5 hours per week reading for work. 81% of them agreed that poorly written material wastes a lot of their time (Specs: Verbal Identity). This applies especially to legal writing. Before you start writing any legal document, identify and understand your intended audience. Different types of legal writing may have distinct audiences, like judges, clients, opposing counsel, colleagues, or the general public. Each audience has its own unique needs, expectations, and level of legal knowledge. For example, when drafting a brief for a judge, your audience will likely have a solid understanding of legal principles and terminology. In contrast, if you are writing a legal memorandum for a client who is not a legal expert, you must communicate complex concepts in a more accessible manner.
Then, you should tailor your writing style and language to meet their specific needs. Understanding the level of legal knowledge your audience possesses is vital to crafting effective legal writing. Consider their familiarity with legal concepts, terminology, and relevant case law. This understanding will help you strike the right balance between providing necessary explanations and avoiding unnecessary detail.
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2. Clarity and Conciseness
General Electric rewrote one of its software manuals. As a result, their customer care requests dropped by 125 calls a month, saving $375,000 per year for every single customer (Specs: Verbal Identity). Good writing saves hundreds of hours for customer service reps. One of the keys to effective legal writing is using plain language that is easily understandable by your audience. Avoid excessive use of legalese, which consists of complex legal terminology and archaic phrases that may confuse or alienate readers. Instead, strive for simplicity and clarity. Use common, everyday words and phrases to convey your message. Straightforwardly explain legal concepts, providing clear explanations and examples where necessary. Remember, the goal is to communicate your ideas and arguments effectively, so prioritise clarity over unnecessary complexity.
To enhance clarity in your legal writing, organise your thoughts logically. Start with a clear introduction that sets out the purpose and main points of your document. Then, develop your ideas in a coherent and structured manner. For example, headings serve as signposts, guiding readers through your document and helping them navigate its content. Each heading should accurately represent the content that follows, providing a clear roadmap for your readers.
In legal writing, brevity is key. Aim to write in short, concise sentences that convey your message succinctly. Long and convoluted sentences can confuse readers and dilute the impact of your writing. When constructing sentences, focus on one main idea or concept. Break down complex thoughts into smaller, more manageable parts. This approach not only improves clarity but also allows readers to process information more easily. Additionally, consider the use of bullet points or numbered lists when presenting information that can be effectively summarised in this format. These visual elements can enhance clarity and make your writing more accessible.
Moreover, eliminate unnecessary jargon and repetition. While legal terminology has its place, excessive use can obscure your message and make your writing inaccessible. Carefully review your writing and identify instances where you can replace legal terms with simpler, everyday language without sacrificing accuracy. Avoid using the same word or phrase repetitively throughout your document. Repetition can make your writing monotonous and may confuse readers. Also, use synonyms or rephrase sentences to introduce variety and maintain reader engagement. This will help your writing flow smoothly and make it easier for readers to follow your arguments.
3. Structure Your Document
A well-structured legal document begins with a clear and concise introduction that sets the stage for what follows. The introduction should provide an overview of the document's purpose, identify the key issues, and present a thesis statement or main argument. The thesis statement should be a concise and focused statement that captures the central point or position you will be advocating throughout the document. It will establish a clear direction for your writing and provide readers with a roadmap of what to expect.
Organising your content into paragraphs and subsections boosts clarity and readability. Each paragraph should focus on a single idea or topic, and the information should flow logically from one paragraph to the next. Consider using topic sentences to introduce the main idea of each paragraph. This helps readers understand the purpose of each section and how it contributes to the overall argument. Additionally, use headings and subheadings to further break down your content into meaningful sections. This helps readers navigate the document and locate specific information easily.
Transition words and phrases play a vital role in guiding readers through your document and improving the overall flow of your writing. These words and phrases create connections between sentences and paragraphs, helping to establish relationships and provide a smooth transition from one idea to another. Examples of transition words and phrases include "however," "moreover," "in addition," "on the other hand," and "therefore." These words signal shifts in thought, contrast, addition, or cause and effect. By using them strategically, you can create coherence and cohesion in your writing.
Finally, a well-structured legal document should conclude with a summary of the key points and a restatement of the thesis. The conclusion serves as a concise recap of the main arguments and reinforces the main message you want to leave with your readers. Avoid introducing new information or arguments in the conclusion. Instead, focus on summarising the main ideas discussed in the document and highlighting their significance. This will reinforce your position and leave a lasting impression on your audience.
4. Effective Use of Citations and Authorities
Citations serve two primary purposes in legal writing: providing support for your arguments and demonstrating your research and legal analysis. By citing relevant authorities like statutes, cases, and secondary sources, you strengthen the credibility and persuasiveness of your writing. Citations also enable readers to verify the accuracy of your statements, follow your legal reasoning, and delve deeper into the sources you relied upon. They provide a foundation for your arguments and show that your positions are grounded in legal authority.
To maintain consistency and ensure professionalism in legal writing, follow the appropriate citation format. Depending on the jurisdiction and context, legal writing often adheres to specific citation styles like the Bluebook or APA (American Psychological Association) style. Familiarise yourself with the citation style required by your intended audience or jurisdiction and adhere to its guidelines. Pay attention to formatting rules for citing statutes, cases, law review articles, books, and other sources. Consistency and accuracy in citation formatting enhance the clarity and professionalism of your writing.
When citing authorities, select relevant and authoritative sources that directly support your arguments. Start by identifying the applicable statutes, regulations, and case law that are most relevant to your legal issue. Cite the specific sections or provisions of statutes and regulations that are pertinent to your argument. When referencing case law, include the names of the parties, the volume and page numbers of the reporter, and the court that issued the decision. The cases you cite must be on point and have precedential value. Moreover, cite secondary sources like law review articles, treatises, or expert opinions to provide further analysis or support for your arguments. They can strengthen your legal analysis and demonstrate a comprehensive understanding of the issue at hand. To ensure the smooth integration of citations into your legal writing, use appropriate signal phrases, parentheticals, quotations, and footnotes or Endnotes.
5. Pay Attention to Grammar, Punctuation, and Proofreading
Effective legal writing requires a strong command of grammar rules and proper sentence structure. Ensure that your sentences are grammatically correct, with subject-verb agreement, proper tenses, and appropriate word usage. Pay attention to sentence clarity and avoid run-on sentences or sentence fragments. Use clear and concise language to convey your ideas effectively. Take care to structure your sentences in a way that facilitates easy understanding and logical flow.
Correct punctuation is essential in legal writing to ensure clarity and convey the intended meaning. Use punctuation marks appropriately to enhance readability and avoid confusion. Use commas to separate items in a series, indicate pauses, and set off nonessential information within a sentence. Semicolons can be used to join closely related independent clauses or to separate items in a series when the items themselves contain commas. Use colons to introduce lists, explanations, direct quotations, and apostrophes for possessive nouns and contractions. Use quotation marks to enclose direct quotes or to indicate the use of specific terms or phrases.
Afterwards, proofread the piece to eliminate errors, typos, and inconsistencies. Set aside dedicated time to review your document carefully, preferably after taking a break to gain a fresh perspective. Read your writing aloud to catch any awkward phrasing or grammatical errors that may have been missed during the initial drafting. Check for spelling mistakes, incorrect word usage, and punctuation errors. Verify that your sentences are clear and convey your intended meaning accurately.
You may take advantage of technology by using spell checkers and grammar checkers to assist in proofreading your legal writing. These tools can identify spelling errors, suggest grammar improvements, and highlight potential issues with sentence structure. However, keep in mind that automated tools are not foolproof and may not catch all errors or provide context-specific suggestions. Therefore, rely on your proofreading skills and judgement. Remember, proofreading is not just about correcting errors but also about ensuring consistency in formatting, citation style, and overall presentation. A well-proofread document reflects professionalism, attention to detail, and a commitment to delivering high-quality work.
6. Tone and Persuasion
Selecting the right tone in legal writing is crucial for effectively communicating your message and achieving your intended purpose. Consider the context, audience, and specific purpose of your document when determining the appropriate tone. For formal legal documents like legal briefs or court filings, maintain a professional and objective tone. Use a more conversational tone for client communications or informal memos. Adapting your tone to the situation helps establish credibility and fosters effective communication.
Legal writing often aims to persuade or influence the reader while maintaining a professional demeanour. Strike a balance between professionalism and persuasion to ensure that your arguments are compelling without crossing into overly aggressive or confrontational territory. Maintain a respectful and courteous tone throughout your writing, even when countering opposing arguments. Present your points clearly and provide well-reasoned explanations to support your position.
To enhance the persuasiveness of your legal writing, employ persuasive language and rhetorical techniques strategically. Use framing, analogies, metaphors, and repetition. Employ string citations, sound logic, and reasoning, like deductive or inductive reasoning, to support your claims and make them more persuasive. Finally, avoid personal biases and emotional language. Base your arguments on legal principles, precedents, and logical reasoning rather than personal beliefs or emotions. Avoid using emotionally charged language or exaggerations that may undermine the credibility of your writing. Stick to facts, evidence, and logical analysis to build a persuasive case. Remain respectful and professional, even when discussing contentious issues or countering opposing arguments.
7. Editing and Revising
Effective legal writing requires dedicated time for editing and revision. After completing the initial draft, set aside a specific period to focus solely on reviewing and improving your document. Avoid rushing this process and allocate enough time to ensure a thorough review. During this phase, carefully review your document for clarity, coherence, and organisation. Your ideas must be expressed clearly and concisely. Eliminate any ambiguity or confusing language that may hinder understanding. Your arguments must flow logically from one point to the next. Ensure that each paragraph and section contributes to the overall coherence of the document. Evaluate the overall structure of your document. Confirm that your introduction, body, and conclusion are well organised and that headings and subheadings are clear and effective.
Similarly, legal accuracy and completeness are crucial in legal writing. In this phase, verify that your statements accurately reflect the relevant laws, statutes, regulations, and legal principles applicable to your topic. Review citations to ensure their accuracy and completeness. Check that you have addressed all essential legal issues and arguments relevant to your document's purpose. Ensure that you have provided sufficient support and analysis for each point you make.
Finally, obtaining feedback from trusted colleagues or mentors can greatly enhance the quality of your legal writing. Ask them to review your document and provide constructive criticism and suggestions for improvement. They can offer fresh perspectives, identify areas for clarification or strengthening of arguments, and help you identify any potential weaknesses or inconsistencies in your writing. Use it as a valuable opportunity to refine your work. Incorporating the feedback of others into your editing and revision process allows you to benefit from different viewpoints and expertise, ultimately resulting in a stronger and more polished final product.
8. Remember Formatting and Presentation
Formatting guidelines contribute to the overall professionalism and readability of your legal writing. Familiarise yourself with any specific formatting requirements or guidelines provided by your jurisdiction, organisation, or intended audience. Pay attention to font selection, ensuring that it is legible and appropriate for legal documents. Follow guidelines regarding font size, line spacing, and margins. Consistency in formatting throughout your document creates a polished and cohesive appearance.
Utilising headings, subheadings, and bullet points enhances the readability and organisation of your legal writing. These elements guide your readers, allowing them to quickly navigate and comprehend your document. Use clear and informative headings and subheadings to indicate the structure and flow of your arguments. Bullet points can effectively present lists or key points in a concise and visually appealing manner. Ensure that the hierarchy and formatting of headings and subheadings are consistent throughout your document.
Visual aids like tables, graphs, or charts can effectively convey complex information or data in a concise and visually appealing manner. Incorporate them where appropriate. When using visual aids, ensure they are clear, accurately labelled, and properly cited. Use them selectively to complement your arguments and provide supporting evidence or analysis. Ensure that visual aids are easily interpretable and enhance the overall presentation of your document. As a final step before submitting or sharing your document, proofread it specifically for formatting errors. Review your document with a keen eye for inconsistencies in font style, spacing, alignment, or indentation. Check for proper use of headers, footers, page numbers, and any other formatting elements specific to your document type. Pay attention to correct citation formatting and adherence to style guidelines.
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Conclusion
Effective legal writing is a skill that requires attention to detail, practice, and a commitment to constant improvement. By implementing the tips outlined in this blog, you can enhance your legal writing skills and create documents that are clear, persuasive, and impactful. Understanding your audience, striving for clarity and conciseness, structuring your document effectively, utilising citations and authorities appropriately, maintaining proper grammar and punctuation, and paying attention to formatting and presentation are all essential elements of effective legal writing. Remember that legal writing serves a specific purpose: to communicate complex legal concepts and arguments concisely and persuasively. By continuously honing your writing skills, seeking feedback, and staying updated on legal developments, you can become a more proficient legal writer and an effective advocate.
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Citations
Counsel, Beyond. “10 Tips for Drafting Legal Documents That Your Clients Will Be Able to Read - Estate Planning Software for Attorneys.” Beyond Counsel, 20 Dec. 2018, https://beyondcounsel.io/10-tips-for-drafting-legal-documents-that-your-clients-will-be-able-to-read.
Duncan, Susan, and David T. Ritchie. “How Judges, Practitioners, and Legal Writing Teachers Assess the Writing Skills of New Law Graduates: A Comparative Study.” How Judges, Practitioners, and Legal Writing Teachers Assess the Writing Skills of New Law Graduates: A Comparative Study by Susan Duncan, David T. Ritchie :: SSRN, 7 Apr. 2007, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=978000.
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