I am Professor Bev Meyers, and I am a longtime legal educator. I had a motion practice at the California Office of the Attorney General for almost 30 years. In my practice, I mentored law students in legal writing. I have also taught legal writing as an adjunct professor in the Bay Area for over 30 years, including presently at John F. Kennedy School of Law.
Effective legal writing is a crucial skill for any legal professional. Whether you are drafting a contract, preparing a brief, or sending a client a letter, your ability to write clearly, persuasively, and concisely can make all the difference. This article provides practical tips and techniques to enhance your legal writing skills so you can confidently draft impeccable legal documents. Here’s what we will explore:
Understanding the Basics of Legal Writing
Top Tips for Clear Legal Writing
Mastering Persuasive Legal Writing Techniques
Practical Strategies for Drafting Well-Organized Legal Documents
Common Mistakes to Avoid in Legal Writing
Conclusion: Enhancing Your Legal Writing Skills
From outlining key points to employing logical reasoning, each section of this article aims to provide actionable insights into effective legal writing. By mastering these techniques, you can improve your legal communication skills, making your documents sound professional and also compelling.
Understanding the Basics of Legal Writing
Effective legal writing requires mastery of several foundational principles. At its core, legal writing is about clarity, precision, and persuasiveness. To excel in this area, writers must understand their audience, the purpose of their writing, and the legal context in which they operate.
Know Your Audience
Whether you are drafting a memorandum for a senior partner, writing a brief for the court, or preparing a letter for a client, your audience’s level of legal expertise should guide your choice of language and detail. Experienced attorneys and judges may appreciate more technical language and comprehensive citations, while clients might benefit from simpler, more explanatory text.
Define Your Purpose
Each legal document has a unique goal. Are you arguing a motion, summarizing case law, advising a client, or negotiating a contract? Understanding the purpose will shape the tone, structure, and content of your document. For instance, persuasive writing for a motion requires more argumentative techniques than an advisory memorandum meant to inform a client, which is objective.
Follow Legal Writing Conventions
Legal writing follows certain conventions that you must use. These conventions can include proper citation formats and the use of IRAC (Issue, Rule, Analysis, Conclusion) or CRAC (Conclusion, Rule, Analysis, Conclusion) structures for organizing one’s legal analysis and maintaining a formal tone. IRAC and CRAC are the key legal writing structures used by lawyers.
Example of IRAC Structure:
Issue: Is a jury likely to find the defendant guilty of first-degree murder because he pulled a gun and shot his wife five times? Rule: Under Penal Code § 187, first-degree murder requires malice aforethought–essentially an intent to kill. Analysis: Jack King pulled a gun from his suit jacket and shot his wife five times, point-blank. This direct shooting demonstrates the defendant’s intent to kill, fulfilling the malice aforethought requirement. Conclusion: A jury is likely to find Jack King guilty of first-degree murder based on his shooting his wife five times.
Example of CRAC Structure:
Conclusion: The jury is likely to find Jack King guilty of first-degree murder because he pulled a gun and shot his wife five times. Rule: First-degree murder under Penal Code § 187 requires malice aforethought–essentially an intent to kill. Analysis: The facts show that Jack King removed a gun from his jacket and shot his wife five times, indicating an intent to kill. Conclusion: Therefore, the evidence supports a verdict of first-degree murder based on the defendant’s pointing a gun at his wife and shooting her multiple times.
Master Legal Terminology
The precision of language is crucial in legal writing. Writers must use legal writing strategies, such as correctly using terms of art and defining legal concepts, to avoid ambiguity and ensure their arguments or information are legally sound. Therefore, drafters should invest time in understanding the terms and concepts frequently used in their practice area. For instance, a writer should define malice aforethought, for first-degree murder, as requiring the intent to kill before applying the facts to the definition.
Maintain a Formal Tone
Legal documents often address serious and complex issues. For effective legal communication, maintaining a tone reflecting the subject matter’s importance is essential. Even when simplifying language for a client, avoiding slang and ensuring that your writing remains professional are key practices. Legal writing is formal writing, so drafters should avoid slang or colloquial expressions. Instead of writing, “the judge called the defendant out,” the drafter could state, “the judge criticized the defendant.”
Utilize Plain Language
While maintaining formality, strive to use plain English. One way to improve legal writing skills is to avoid unnecessary legalese that can obscure meaning and make your writing difficult to understand. The goal is to communicate your points as clearly and directly as possible. For instance, the drafter should not write, “the first party did not state a legally binding offer.” Instead, the drafter could write, “the plaintiff did not state an actual offer.”
By understanding and applying these basic principles, legal writers can lay a strong foundation for more advanced skills and techniques in legal writing.
Top Tips for Clear Legal Writing
Clear and concise legal writing is fundamental to effective communication in the legal field. Whether you are writing a brief, a memorandum, or an email, following key principles can greatly enhance your clarity and precision. Here are top legal writing tips with legal writing examples to achieve clear and concise legal writing:
1. Use Plain Language
While legal terminology is generally necessary, legal writers should avoid legalese where possible. (See above example re “first party.”) Using plain language makes your documents easier to understand. Avoid jargon and opt for straightforward words when drafting legal documents. For example, instead of writing “hereinafter,” simply write “from now on.”
2. Be Direct and to the Point
Your writing should convey the main idea quickly and efficiently. Avoid lengthy general introductions or unnecessary background information. For instance, instead of writing, “It is submitted that the defendant’s actions were clearly in violation of the statute,” write, “The defendant violated the statute.”
3. Keep Sentences Short and Simple
Long sentences can confuse readers and obscure your main points. Aim to keep sentences brief and focus on one idea per sentence. This approach aids readability and ensures your argument is easy to follow.
4. Organize Your Writing with Headings and Subheadings
Break down your document into sections using clear headings and subheadings. This makes it easier for the reader to navigate and helps you organize your thoughts logically. Writers should address specific points clearly, directly, and organized. At Legal Writing Launch, we focus on the Power-Packed Paragraph™. This means that writers should limit the development of one issue (i.e., burglary) or, more significantly, one element (e.g., breaking and entering) to a single paragraph using IRAC or CRAC. The legal analysis confuses the reader when drafters “mishmash” the issues or elements.
5. Use Active Voice
Writing in an active voice makes your sentences clearer and more compelling. The active voice follows the structure: subject, verb, object. Passive voice, on the other hand, consists of object, verb, and subject. For example, “The lawyer argued the case” is more direct and engaging than the passive-voice equivalent, “The case was argued by the lawyer.”
6. Edit Ruthlessly
Clear writing often requires multiple drafts. After writing your first draft, review it critically to eliminate redundancies, simplify complex sentences, and correct any grammatical errors. Peer reviews can also provide valuable feedback.
7. Be Mindful of Paragraph Structure
As mentioned above, a well-organized paragraph begins with a topic sentence clearly stating the main idea. The following sentences should provide supporting details, evidence, or analysis. Conclude with a sentence that ties the paragraph back to your main argument.
Example of a Well-Structured Paragraph:
A jury is likely to find the defendant, Jack King (defendant) guilty of first-degree murder because he pulled a gun and shot his wife five times, killing her. Under Penal Code § 187, first-degree murder requires malice aforethought; the intent to kill constitutes malice aforethought. The defendant’s removing a gun from his jacket and shooting his wife five times, indicates his intent to kill. Therefore, the jury should find the defendant guilty of first-degree murder because he shot his wife five times.
8. Avoid Redundancy and Wordiness
Every word in your document should serve a purpose. Avoid redundant phrases like “each and every” or “basic fundamentals.” Instead, choose precise words that convey your meaning concisely.
9. Ensure Proper Citation
Accurate citation is critical in legal writing. Always check that you have correctly cited authorities and provided necessary references. Proper citation lends credibility to your legal arguments and helps the reader locate the sources you rely on.
10. Practice Consistently
Like any skill, clear and concise legal writing improves with practice. Regularly writing and seeking feedback can help you refine your style and develop your ability to communicate effectively.
By adhering to these tips, you can enhance your legal writing skills, making your documents concise and effective. Clear communication is pivotal in the legal profession, and mastering these techniques will contribute to your success.
Mastering Persuasive Legal Writing Techniques
Persuasive legal writing is at the heart of litigation and advocacy. The goal is to convince the reader—whether a judge, opposing counsel, or jury—of the merits of your argument. Here are critical techniques to enhance your persuasive writing skills:
1. Know Your Argument Well
To persuade effectively, you must deeply understand your argument and any counterarguments. Thoroughly research case law, statutes, and relevant facts. Anticipate responses and prepare solid rebuttals to those responses to reinforce your position. If you do not truly understand a topic, do not write without this understanding; instead, find a way to understand it. For instance, if there is a Special Needs Trust aspect to a trust, find a way to understand Special Needs Trusts.
2. Structure Your Argument Logically
Use a clear, logical structure like IRAC (Issue, Rule, Analysis, Conclusion) or CRAC (Conclusion, Rule, Analysis, Conclusion). This helps guide the reader through your reasoning step by step and makes your argument more compelling. (See the IRAC and CRAC examples above.)
3. Start with a Strong Introduction
The opening paragraph is critical in setting the tone and capturing the reader’s attention. Clearly state your position and provide a roadmap of your main arguments. This helps establish context and allows the reader to follow your narrative.
Consider your Introduction, in a motion or appellate brief, like a scientist’s abstract of an article – it is a common-sense method of describing all that will follow. This is the prime real estate in litigation. If the court does not understand your full argument initially, the judge will lose interest and have a difficult time following your arguments and, ultimately, ruling for you. You probably cannot imagine this, but busy law and motion judges may just read the Introduction in your memo of points and authorities (support for a motion) and the headings for the following arguments!
4. Use Persuasive Language Strategically
Choose your words carefully to convey confidence and assertiveness. Persuasive language includes emphatic words and phrases that underscore the strength of your argument. Phrases like “clearly,” “undoubtedly,” and “it is evident” can enhance the forcefulness of your writing.
5. Incorporate Strong Evidence
Supporting your argument with specific evidence is critical. Needless to say, this strengthens your argument’s persuasive power.
6. Address Counterarguments Head-On
Do not ignore potential contrary arguments. Address counterarguments head-on by acknowledging their existence and systematically debunking them. This demonstrates thoroughness and enhances your credibility.
Example of Addressing a Counterargument:
“The defense may argue that the contract terms were ambiguous, but the offer and acceptance language is clear here. The contract’s plain language provides that the defendant accepted the plaintiff’s offer to purchase 1,000 widgets within 30 days of the signing of the contract.”
7. Be Mindful of Tone
Your tone should be respectful yet assertive. Avoid inflammatory language and maintain professionalism even when critiquing the opposing argument. This respectful tone is more likely to earn the reader’s trust and goodwill (particularly when the reader is the judge!)
8. Conclude Effectively
Your conclusion should succinctly summarize the key points and reinforce the strength of your argument. End with a clear statement of what you want the reader to do, such as granting a motion or ruling in your favor.
Example of an Effective Conclusion:
“In light of the compelling evidence and clear breach of contract–the defendant’s failure to purchase the 1,000 widgets within 30 days of signing the contract–this court should grant the plaintiff’s motion for summary judgment for breach of contract.”
Mastering these persuasive legal writing techniques requires practice and dedication. By applying these strategies consistently, you can enhance the effectiveness of your legal writing and become a more compelling advocate for your clients.
Practical Strategies for Drafting Well-Organized Legal Documents
Creating well-organized legal documents is essential for ensuring that your legal arguments are clear and convincing. A disorganized document can confuse readers, obscure your main points, and lessen the impact of your argument. Here are practical strategies for drafting well-organized legal documents:
1. Outline Your Document
Start by drafting an outline before you begin writing. An outline helps you map the structure of your document, ensuring that you address all necessary points systematically. Outlining allows you to see the overall framework and make adjustments before fleshing out each section.
2. Use Clear Headings and Subheadings
Headings and subheadings break down your document into manageable sections, making it easier for the reader to follow your argument. They should be descriptive and convey the essence of each section. For example, rather than a generic heading like “Offer and Acceptance Language,” use a more informative one like “The Defendant Breached the Contract by Failing to Purchase the Required Widgets Timely.”
3. Start with a Strong Introduction
The introduction should provide a roadmap for the document, outlining the main issues and your overall argument. This sets the stage for the reader and helps readers understand the context of what follows. Clearly state the document’s purpose and the primary points you will discuss.
4. Follow a Logical Structure
Adopt the logical structure of IRAC (Issue, Rule, Analysis, Conclusion) or CRAC (Conclusion, Rule, Analysis, Conclusion) to organize your arguments. Your reader expects these legal writing structures and will have difficulty following your points without them. Drafters often use IRAC in law school and CRAC in practice. This is because IRAC is a more intellectual framework, and the writer, in practice, would not wish to write, “the issue here is whether or not . . .” for each point the drafter is making; this is not persuasive. CRAC is a better structure for practice. That said, with legal memos, which are objective in nature and designed to showcase the good, bad, and warts in the parties’ positions, IRAC may be appropriate, at least in part. (See IRAC and CRAC examples above.)
5. Develop Strong Paragraphs
Each paragraph should focus on a point. Begin with a topic sentence that reflects that point. Follow with supporting evidence, analysis, and examples. Conclude the paragraph by linking it back to your main argument.
Example of a Strong Paragraph:
The Court must dismiss this case because the petitioner has failed to bring this case to trial within the applicable five-year statute of limitations. Both Code of Civil Procedure sections 383.310 and 583.360 require that a petitioner bring a matter to trial within five years of the filing of the complaint. Here, the plaintiff filed the complaint on June 1, 2019; it is now June 11, 2024–five years and several days after the filing of the complaint; the plaintiff has still failed to bring this action to trial. Because the plaintiff has not brought this matter to trial within five years of the filing of the complaint, the Court must dismiss this action.
6. Use Transition Words and Phrases
Transitions help guide the reader through your document, showing how each section and paragraph relate to one another. Words and phrases like “furthermore,” “however,” “in addition,” and “as a result” help maintain coherence and flow.
7. Be Concise
Remove unnecessary words and redundancies. Every sentence should contribute to advancing your argument. Avoiding verbose language ensures your document remains focused and easy to follow.
8. Include a Strong Conclusion
Conclude by summarizing the main points and reiterating the strength of your argument. Your conclusion should leave the reader with a clear understanding of your position and the actions you are advocating.
Example Conclusion:
In conclusion, the evidence demonstrates that the defendant committed fraud by knowingly misrepresenting the investment’s safety, resulting in substantial financial losses for the plaintiff. Consequently, this court should find the defendant liable for fraud and award appropriate damages to the plaintiff.
9. Review and Revise
Finally, review your document for organization and clarity. Ensure that each section logically follows the last and that your argument flows smoothly from beginning to end. Revision is key to refining your document and enhancing its persuasiveness.
By following these practical strategies, you can draft legal documents that are well-organized, clear, and persuasive, ultimately strengthening your clients’ or your own case.
Common Mistakes to Avoid in Legal Writing
Effective legal writing is an essential skill for any lawyer, but it is easy to fall into common pitfalls that can undermine your clarity and persuasiveness. Being aware of these mistakes and knowing how to avoid them can significantly improve your legal writing. Here are some common mistakes to watch out for:
1. Overuse of Legalese
While some legal terminology is unavoidable, overusing jargon can make your writing difficult to understand. Strive to use plain language whenever possible to ensure that your documents are accessible to a broader audience, including clients and judges who may not appreciate overly technical language.
Example of Legalese:
“The plaintiff, heretofore referred to as the party of the first part, hereby acknowledges receipt of the aforementioned correspondence.”
Revised for Clarity:
“The plaintiff acknowledges receipt of the letter.”
2. Ambiguous Pronouns and References
Using pronouns without clear antecedents can confuse your reader and obscure your meaning. Always ensure that it is clear what each pronoun refers to, potentially by repeating the noun or providing additional context.
Example of Ambiguity:
“When the defendant spoke to the claimant, he said he would respond by Monday.”
Revised for Clarity:
“When the defendant spoke to the claimant, the defendant said he would respond by Monday.”
3. Passive Voice
Passive voice can make your writing sound weak and indirect. Active voice is more direct and dynamic, making your arguments clearer and more forceful. (See examples above.)
4. Redundant Phrasing
Redundancies can clutter your writing and make it difficult to read. Avoid using unnecessary words or phrases that do not add value to your argument.
Example of Redundancy:
“Each and every,” “basic fundamentals,” “exactly identical”
Revised for Clarity:
“Each,” “fundamentals,” “identical”
5. Lack of Paragraph Structure
Well-organized paragraphs are crucial for clear legal writing. Ensure each paragraph starts with a topic sentence, followed by supporting details and analysis, and ends with a concluding sentence that ties back to the main argument.
Example of Poor Structure:
“The defendant breached the contract. The breach was significant. Therefore, damages are appropriate.”
Revised for Clarity:
“The defendant breached the contract by failing to deliver the promised goods on time. This significant breach caused financial losses to the plaintiff in the amount of ___. Therefore, the court’s awarding damages is appropriate.”
6. Inadequate Citations
Failing to properly cite sources can undermine your credibility and leave your arguments unsupported. Ensure that all legal authorities and references are cited accurately according to the appropriate citation style required in your jurisdiction (e.g., The Blue Book in federal court).
7. Overly Long Sentences
Long, complex sentences can be difficult to follow and may obscure your main points. Break down long sentences into shorter, more manageable ones to enhance readability.
8. Spelling and Grammar Errors
Errors in spelling and grammar can detract from the professionalism of your writing. Proofread your documents carefully to catch any mistakes, and consider using tools like spell checkers and grammar checkers.
9. Failure to Focus on the Audience
Different audiences may require different levels of detail and styles of writing. Tailor your document to your audience, whether it’s a judge, client, or opposing counsel, ensuring that it meets their expectations and needs.
10. Neglecting to Edit and Revise
Even experienced writers can make mistakes or produce unclear prose on their first draft. Always take the time to edit your work, focusing on improving clarity, coherence, and overall quality.
Being mindful of these common mistakes and actively working to avoid them can greatly improve the effectiveness of your legal writing. Strive for clarity, precision, and professionalism in every document you draft.
Conclusion: Enhancing Your Legal Writing Skills
Mastering effectivelegal writing techniques is essential for anyone in the legal profession. You can significantly improve how you draft legal documents by focusing on clarity, conciseness, and persuasiveness. Here’s a recap of the key strategies to enhance your legal writing skills:
Understand the Basics
Before you start improving, you need to understand the basic principles of legal writing. Know your audience, define your purpose, adhere to legal writing conventions, use legal terminology correctly, maintain a formal tone, and strive for plain language.
Adopt Clear and Concise Writing Techniques
Clear and concise writing is fundamental. Use plain language, be straightforward, and avoid unnecessary jargon. Keep sentences short and concise, organize your writing with headings and subheadings, use active voice, edit ruthlessly, and develop strong paragraph structures to make your documents easy to read and understand.
Enhance Persuasive Writing
Persuasive legal writing involves several advanced techniques. Know your argument thoroughly, structure your argument logically using IRAC or CRAC, start with a strong introduction, use persuasive language, incorporate your evidence, address counterarguments, maintain a professional tone, and conclude effectively.
Practice Well-Organized Document Drafting
Drafting well-organized legal documents is essential to ensuring that your arguments are clear and compelling. Outline your document, use clear headings and subheadings, have a strong introduction, develop robust paragraphs, be concise, and include a strong conclusion. Always review and revise your documents for organization and clarity.
Avoid Common Mistakes
Being aware of and avoiding common mistakes can significantly improve your legal writing. These include overusing legalese, ambiguous pronouns, passive voice, redundancies, poor paragraph structure, inadequate citations, overly long sentences, spelling and grammar errors, failing to focus on the specific audience, and neglecting to edit and revise.
Continuous Improvement Through Practice
Improving your legal writing skills is a continuous process. Consistent legal writing practice, seeking feedback, and staying up-to-date with legal writing best practices will help you refine your skills over time. Consider enrolling in legal writing courses, participating in writing workshops, and reading extensively to observe high-quality legal writing examples.
Invest in Yourself
Billionaire investor Warren Buffett said, “By far the best investment you can make is in yourself.” Developing your legal writing skills is a form of investing in your professional self and can significantly increase your effectiveness and value as a legal professional. One way to invest in oneself is to take a legal writing course like our Course, Legal Writing Launch.
By implementing these techniques and tips, you can master the art of legal writing and produce clear, persuasive, and well-organized documents. These skills are invaluable in the legal profession and serve as your legal writing guide, which will help you advocate effectively for your clients and succeed in your career.
Writing numbers in legal documents may seem straightforward, but it requires careful attention to detail. Proper number usage is crucial for clarity, precision, and professionalism in legal writing. This article provides essential guidelines and best practices for the effective use of numbers in legal writing. We will cover:
General rules for writing numbers in legal text
When to use numerals vs. words
Formatting numbers in legal papers
Common mistakes to avoid
By adhering to these guidelines, legal professionals can ensure their documents are both accurate and polished.
Active & Concrete Language in Legal Writing: Clarity & Precision Tips
Clear and precise legal writing is essential for effective advocacy and communication in the legal field. Mastering the use of active and concrete language in legal documents can significantly enhance their readability and impact. This blog delves into the importance of using active and concrete language in legal writing, offering practical tips, examples, and best practices to help you achieve greater clarity and precision in your legal documents. This blog will cover the following sections:
Understanding the Importance of Active and Concrete Language in Legal Writing
Benefits of Using Active and Concrete Language in Legal Documents
Common Pitfalls: Avoiding Passive Voice in Legal Writing
Practical Tips for Clear and Direct Legal Writing
Examples of Active and Concrete Language in Legal Writing
Conclusion: Enhancing Clarity and Precision in Legal Writing
Legal professionals often grapple with the challenge of writing documents that are both accurate and easy to understand. Employing active and concrete language can bridge this gap by eliminating ambiguity and making your intent clear to judges, clients, and opposing counsel.
In legal writing, clarity and precision are paramount. Yet, one of the common pitfalls many lawyers and law students face is the use of colloquial phrases and informal language. This blog delves into the essence of colloquial expressions in legal writing, their impact on legal documents, and why it’s crucial to avoid them. We’ll cover a variety of areas, including:
What Are Colloquial Phrases in Legal Writing?
The Impact of Colloquial Language on Legal Documents.
Common Examples of Informal Legal Language.
How to Avoid Colloquialisms in Legal Writing.
Benefits of Using Plain Language in Legal Documents.
Conclusion: Striking a Balance Between Clarity and Formality.
Colloquialisms can muddle legal documents, making them less precise and professional. Legal jargon, while sometimes difficult to understand, aims to provide specific and unequivocal meaning. But where do we draw the line between complicated legalese and overly casual language? This blog aims to provide guidance on understanding and avoiding informal legal phrases, offering practical legal writing tips to enhance your legal documents.
