Legal Writing Suggestions
1. Write Clearly. The reader should not have to read a
sentence more than once to understand what it means. Your sentences
should avoid unnecessary words and words that the reader might not
understand. You should also avoid overlong sentences that would be
easier to understand if divided into two sentences. One additional
example of a technique to make rereading unnecessary is to avoid
using pronouns whenever the reference might be unclear. Use proper
names or other identifying descriptions instead.
2. Provide a Roadmap. Legal writing should provide a roadmap
or outline for the reader. This can be done in a variety of ways.
One common way is by dividing what you are writing into a series of
sections and subsections with titles that identify the topic
addressed in each part. This is particularly important in documents
that will be filed in court and for longer documents. A second way
is to begin with a “roadmap” paragraph that describes the subjects
that will be covered. Thereafter, you should address each subject in
the order described in your opening paragraph and introduce each
paragraph by describing its subject. In a third variation, the first
and second methods are combined.
3. Connect the Parts. It is important that the document you
are writing flows easily from part to part. In addition to using
sections and subsections for that purpose, the individual paragraphs
within each of those parts should be easy to follow. This means you
need to introduce the subject of each paragraph, connect it to the
previous paragraph or previous section if it is the opening
paragraph in a section, discuss the subject of the paragraph using
appropriate transitional words to begin sentences where necessary,
and conclude the paragraph with a brief summary of its contents.
4. Remember Your Audience. The style of legal writing varies
somewhat with the audience you are addressing. If you are writing a
document for a judge, such as a motion or a brief, its goal is to
advocate for your client and persuade the court to reach a result in
favor of your client. This involves using persuasive legal arguments
such as the interpretation of relevant statutory language, court
cases that support your position, and efforts to distinguish cases
that appear to undermine your legal position. Remember, it is the
arguments that persuade and not conclusory and exaggerated
statements you make about the strength of your argument. These
should be avoided. By contrast, if you are writing a letter to a
client describing the client’s legal situation, it should describe
the relevant legal concepts simply, avoiding specialized legal
language which the client may not understand. If it is necessary to
use “legalese” in your description, make sure to clearly explain the
concept.
5. Write Formally. Legal writing is formal writing. It does
not use slang or exaggeration. It rarely uses idioms and often even
avoids contractions. Formality does not mean using old-fashioned
legal language such as aforementioned, herewith, and heretofore. It
does mean that abbreviations commonly used in texting should not be
used in legal writing.
6. Be Accurate. Do not claim that something is true if that
is not clear and only might be the case. If some facts are
uncertain, concede that fact while still using the known facts to
their best advantage.
7. Correctly Use Grammatical Rules. It is useful to have a
basic grammar guide readily at hand so you can refresh your
recollection of grammar rules that are easy to forget. I use a
classic source – Strunk & White’s The Elements of Style, but
there are others. Some examples of frequent grammar mistakes involve
where to place commas, inconsistent use of verb tenses, incomplete
sentences, run-on sentences, inconsistency in singular vs. plural
references, and when to use “it’s” vs. “its,” “that” vs. “which,”
“then” vs. “than,” “their” vs. “there” vs. “they’re,” “affect” vs.
“effect,” just to name a few easy to confuse words.
8. Edit and Proofread Your Writing Frequently. It is
important to edit and proofread your work frequently. One edit is
not sufficient. One technique I use is to reread something I am
writing each time I work on it. I find that I see different ways to
improve my writing each time I return to it with fresh eyes. This is
particularly useful for shorter documents. With longer pieces of
writing, I may only reread the section I am working on rather than
the entire document.
9. Follow Instructions. In many forms of legal writing you
will be given instructions to follow. In law school, your legal
writing instructor may tell you to organize a memorandum you are
required to write by using IRAC which stands for of issue, rule,
application, and conclusion. Variations of IRAC are CRAC
(conclusion, rule, application, and conclusion) and CREAC
(conclusion, rule, explanation, application, and conclusion).
Information about these formats is available online and one source
is the Columbia Law School Writing Center: https://web.law.columbia.edu/sites/default/files/microsites/writing-center/files/organizing_a_legal_discussion.pdf.
Similarly, law professors may provide instructions to follow on
exams or papers. These could include how to organize your writing,
information you should be sure to include, and material you should
not include. You should be sure to follow any instructions that are
required or recommended. In addition to receiving instructions in
law school, in the practice of law there may be court rules that
require documents you file to be in a particular format and not
exceed a specific length. Moreover, even when a court rule does not
specify format, there are conventions in law practice as to how
particular legal documents should be organized. There are myriad
examples available and you should generally follow the conventional
format. Choosing an original format of your own design generally is
not an advantage in legal writing. The strength and creativity of
your legal writing comes from the effectiveness of the legal
arguments you present.