How to Write a Legal Writing Sample: Tips, Examples, and Best Practices

Your legal writing sample is a crucial component when applying for legal positions or internships. It gives potential employers insight into your legal writing skills and ability to formulate persuasive arguments. In this guide, we will cover essential tips, examples, and best practices to help you create an impactful legal writing sample. This blog addresses the following:

1. Understanding the Importance of a Legal Writing Sample
2. Key Components of a Legal Writing Sample
3. Legal Writing Format: Structuring Your Sample
4. Tips for Writing Effective Legal Documents
5. Common Legal Writing Mistakes to Avoid

By the end of this blog, you will understand how to write a legal writing sample effectively. We will guide you through each component, discuss proper formatting, and provide expert tips to ensure your document stands out. Let’s dive in to develop your legal writing skills and craft an exceptional legal writing sample.

Understanding the Importance of a Legal Writing Sample

A legal writing sample is a critical element in the recruitment process for law firms and other legal employers. It demonstrates your ability to draft clear, concise, and effective legal documents, as well as your understanding of legal principles and arguments. A strong legal writing sample can set you apart from other candidates by showcasing your legal writing skills, attention to detail, and analytical ability. Here are a few key reasons why your legal writing sample is so important:

• Showcases Your Legal Writing Skills: Employers are looking for candidates who can produce well-written, persuasive documents. Your sample highlights your proficiency in legal writing, grammar, and style.
• Demonstrates Your Analytical Ability: Legal writing involves analyzing complex issues and presenting coherent arguments. A good sample shows that you can logically and systematically address legal problems.
• Provides Insight into Your Legal Knowledge: Your writing sample can reflect your understanding of specific areas of law, relevant statutes, and case law, demonstrating your preparedness for the position.
• Reveals Your Attention to Detail: Legal documents must be precise and free of errors. A polished writing sample shows that you have a keen eye for detail and can produce error-free work.

Select a piece that best represents your capabilities when preparing your legal writing sample. Whether it is a memo, brief, or other legal document, ensure it is polished, concise, and clearly demonstrates your strengths as a legal writer.

Key Components of a Legal Writing Sample

Creating an impressive legal writing sample involves integrating various essential components. These elements ensure that your work is not only comprehensive but also showcases your legal writing skills effectively. Here are the key components of a robust legal writing sample:

1. Clear Issue Statement

Your writing sample should begin with a clear issue statement that sets the stage for the analysis. The issue statement concisely outlines the legal question or controversy at hand. Be precise and avoid ambiguity to help the reader understand the core issue immediately. For instance, this memo concerns whether our potential client, John Doe, committed first-degree murder when he pointed his loaded gun at his wife, fired three times, striking her each time, and killing her.

2. Thorough Research

Demonstrate your ability to conduct thorough legal research by incorporating relevant statutes, case law, and legal precedents. Mention the jurisdiction and ensure that your citations are accurate and formatted correctly. Strong research is the backbone of effective legal writing.

3. Legal Analysis

The analysis section should address the issue using a structured approach, such as the IRAC or CRAC method (Issue, Rule, Analysis, and Conclusion or Conclusion, Rule, Analysis, and Conclusion). Law students tend to use IRAC while lawyers tend to use CRAC. 

The only difference between the two is the topic sentence with a mix of law and facts that end in a period or a question mark.  “Did our potential client John Doe commit first-degree murder, when he pointed his loaded gun at his wife, fired three times, striking her each time, and killing her?” is an example of the Issue statement in IRAC. An affirmative statement, stated as the first Conclusion is CRAC, would be: “A factfinder would likely conclude that our potential client John Doe committed first-degree murder, when he pointed his loaded gun at his wife, fired three times, striking her each time, and killing her.”

Moving forward in IRAC/CRAC, legal writers should next break down the legal principles and apply them to the facts of the case, showing the ability to reason logically and persuasively.

4. Persuasive Argument

Even if your writing sample is more expository (like a legal memo or a draft judicial opinion), it should still incorporate an element of persuasion. Use clear and concise language to argue for a particular outcome or interpretation, and back your argument with solid evidence and reasoning. For example, the example used above shows an element of persuasion.

5. Professional Tone and Style

Maintain a professional and formal tone throughout your writing sample. Avoid colloquialisms, slang, and overly complex language. Your writing should be clear, direct, and easy to follow. Use active voice (subject, verb, object, e.g., he rode the bicycle) and ensure your document is free of grammatical errors and typos.

6. Proper Formatting and Structure

Adhere to the standard legal formatting guidelines, including headings, subheadings, citations, and footnotes. A well-structured document enhances readability and demonstrates your attention to detail. Consistency in formatting is crucial for a polished and professional look.

7. Conciseness

Legal documents should be concise and to the point. Avoid unnecessary jargon and lengthy explanations. Aim to communicate your points effectively within a reasonable length, ensuring every word serves a purpose.

8. Strong Conclusion

End your writing sample with a strong conclusion that summarizes the key points and reiterates your argument or analysis. The conclusion should leave a lasting impression on the reader, reinforcing the strengths of your legal reasoning and writing abilities.

Legal Writing Format: Structuring Your Sample

A well-structured legal writing sample is key to showcasing your ability to organize and communicate complex information clearly and effectively. Here is a guide to structuring your legal writing sample to impress potential employers:

1. Title Page

Begin with a title page that includes the title of your legal document, your name, contact information, and the date. This is especially important if you are submitting multiple documents, as it helps the reader easily identify your work.

2. Table of Contents

For longer documents, include a table of contents that outlines the major sections and page numbers. This helps the reader navigate through your document with ease.

3. Introduction

The introduction should provide an overview of the issue and the document’s purpose. This section sets the stage for the reader and gives context to the subsequent analysis.

4. Issue Statement

Clearly state the legal issue or question your sample addresses. This should be one or two sentences that succinctly identify the legal problem.  For instance, the issue statement here is “[d]id our client, Sally Smith, commit negligence by running a red light and striking plaintiff John Davidson’s Toyota Prius?

5. Rule or Law

Discuss the relevant legal rules, statutes, or case law that will guide your analysis. Be thorough in citing authoritative sources, establishing the foundation for your argument or analysis. For instance, if the case involves negligence, define negligence, provide the citation, and then break the concept into elements, which you will apply systematically, like breach of duty owed, cause, proximate cause, and damages.

6. Analysis

Here, apply the legal rules to the facts at hand. Use a structured approach such as IRAC (Issue, Rule, Analysis, Conclusion) or CRAC (Conclusion, Rule, Analysis, Conclusion) to ensure your systematic and thorough analysis. Discuss each point comprehensively to demonstrate your reasoning process.  Please note that IRAC is generally a structure used in law school, whereas CRAC is used by practicing attorneys.  The only difference is whether the topic sentence ends in a period of question mark.  For instance, “Did our client, Sally Smith, commit negligence by running a red light and striking plaintiff, John Davidson’s Toyota Prius?” is an example of IRAC–where the topic sentence consists of a mix of law and facts and ends in a question mark.

7. Counterarguments

Anticipate and address potential counterarguments. This shows that you have considered different perspectives and strengthens your position by preemptively countering opposing views. Discussing the facts and argument supporting an element in the A of Analysis in IRAC/CRAC is particularly important. What follows next is the other side’s position. 

For instance, with the negligence example above, in a memo, the drafter could write, “[t]he plaintiff will likely argue that the plaintiff, John Davidson, could provide his eyewitness testimony that he saw defendant Sally Smith run the red light and struck his Prius head on.” Using counteranalysis, the drafter could then write, “[o]n the other hand, the defendant Sally Smith will testify that it was the plaintiff, John Davidson, who drove through the red light and struck her head on.” The second part here is counterargument or counteranalysis.

8. Conclusion

The conclusion should summarize your main points and restate the resolution of the issue based on your analysis. It should leave a strong impression and reinforce the strength of your legal argument. Using the above example, a conclusion could be, in a memo, for instance, “[b]ased upon the contradictory evidence from the plaintiff and defendant about who ran the red light, we must conduct further investigation, such as obtaining the police report and interviewing witnesses referenced there as well as reviewing the speed marks with an accident reconstruction expert before we can determine liability even preliminarily.”

9. References

Include a reference section citing all sources you have referenced in your sample. Ensure that citations are formatted correctly according to the legal citation style guide (e.g., The Bluebook).

10. Appendices (if applicable)

If you have additional materials, such as exhibits or supplementary documents, include them in an appendix. Clearly label and reference these materials in your main document to comprehensively support your analysis.

Following this structured format not only makes your legal writing sample more readable but also demonstrates your ability to organize complex information logically and coherently.

Tips for Writing Effective Legal Documents

Writing effective legal documents is crucial for conveying your legal arguments persuasively and accurately. Here are some essential tips to help you craft strong legal documents:

1. Know Your Audience

Understanding who will read your document is essential. Tailor your writing style and tone to your audience, whether it is a judge, opposing counsel, or a client. This ensures that your document meets the needs and expectations of its intended readers.

2. Be Clear and Concise

Clarity and conciseness are the hallmarks of effective legal writing. Avoid overly complex language and jargon. Move straight to the point and ensure each sentence adds value to your argument. You aim to make your document as easy to read and understand as possible.

3. Use IRAC/CRAC Method

Employ the IRAC (Issue, Rule, Analysis, Conclusion) or CRAC (Conclusion, Rule, Analysis, Conclusion) methods to structure your legal arguments logically. This approach helps you organize your thoughts and present a clear, step-by-step analysis.

4. Focus on the Facts

Base your arguments on solid facts. Clearly distinguish between facts and opinions, and use evidence to support your claims. Accurate and well-documented facts are the backbone of any persuasive argument.

5. Cite Authoritative Sources

Back your arguments with citations from authoritative sources, such as statutes, case law, and legal precedents. Ensure your citations are accurate and follow the required legal citation format, like The Bluebook.

6. Edit and Proofread

Thoroughly edit and proofread your document to eliminate grammatical errors, typos, and inconsistencies. A polished document reflects your attention to detail and professionalism. Consider using grammar-checking tools and seeking peer reviews for added accuracy.

7. Use Topic Sentences

Begin each paragraph with a clear topic sentence that summarizes the main point. This helps guide the reader through your argument and ensures that each paragraph contributes to your overall analysis.

8. Maintain a Professional Tone

Avoid colloquialisms, slang, and overly informal language. Maintain a formal, professional tone throughout your document. This enhances the credibility of your writing and ensures it is taken seriously.

9. Highlight Key Points

Use headings, subheadings, and sometimes even bullet points to highlight key points and make your document more readable. Visual aids like these help break up the text and emphasize important information.

10. Stay Objective

Aim to present a balanced view in legal memoranda or objective analyses. Acknowledge the strengths and weaknesses of both sides to demonstrate a comprehensive understanding of the issue. On the other hand, in a motion or brief, take every opportunity to advocate for your client. This does not mean to lie, but instead, to write persuasively on behalf of your client.

Implementing these tips will enhance the effectiveness of your legal documents, making them clearer, more persuasive, and professional.

Common Legal Writing Mistakes to Avoid

Avoiding common legal writing mistakes can significantly improve the clarity and effectiveness of your legal documents. Here are some pitfalls to consider and tips on how to steer clear of them:

1. Passive Voice

Writing in the passive voice often leads to confusion and weakens your argument. Active voice makes your writing stronger and more direct. For example:

• Passive Voice: The contract was signed by the parties.
• Active Voice: The parties signed the contract.

2. Legalese

Using overly complex legal jargon (legalese) can make your writing difficult to understand. Aim to write in plain English to ensure clarity. For example:

• Legalese: The undersigned party herewith agrees to the aforementioned terms and conditions.
• Plain English: I agree to the terms and conditions stated above.

3. Overly Long Sentences

Long, complex sentences are harder to read and comprehend. Break them into shorter sentences to improve readability. For example:

• Too Long: Due to the fact that the defendant did not comply with the stipulated terms and conditions of the contract, which were clearly outlined in the agreement signed on the 1st of January, the plaintiff is of the opinion that they are entitled to damages for breach of contract.
• Improved: The defendant did not comply with the contract terms signed on January 1. Therefore, the plaintiff believes she is entitled to damages for breach of contract.

4. Lack of Organization

Poorly-organized writing makes it difficult for the reader to follow your argument. Use headers, subheaders, and topic sentences to structure your document logically.

5. Inadequate Citation

Failing to cite authoritative sources correctly can undermine your credibility. Ensure all references to statutes, case law, and other legal authorities are accurate and follow the correct citation format. Be sure to use pinpoint or pin cites, too–the exact page number(s) for the legal authority cited.

6. Repetition

Repeating the same points can make your writing seem redundant. Vary your vocabulary and ensure that each paragraph advances your argument without unnecessary repetition.

7. Ambiguity

Ambiguous statements can lead to misunderstandings. Be precise and clear in your language to avoid ambiguity. For instance, specify the conditions or outcomes.

8. Ignoring the Audience

Failing to tailor your writing to your audience can reduce its impact. Know who will read your document and adjust your tone and terminology accordingly. A brief for a judge will differ significantly from a client memo.

9. Over-Reliance on Templates

While templates can be helpful, over-reliance on them can result in generic or inaccurate documents. Customize templates to fit the specific facts and legal issues of your case.

10. Factual Inaccuracies

Inaccurate facts can derail even the most well-written legal argument. Double-check all facts and evidence to ensure accuracy and integrity in your writing.

By being mindful of these common mistakes and consciously trying to avoid them, you can produce more effective and professional legal documents.

Conclusion: How to Write a Legal Writing Sample

A strong legal writing sample is essential for showcasing your legal writing skills, analytical ability, and attention to detail. You can create a compelling writing sample by understanding the importance of this document and incorporating key components such as a clear issue statement, thorough research, legal analysis, and a professional tone. Structuring your sample in a logical and organized manner, using the IRAC or CRAC method, and following proper formatting guidelines will further enhance its readability and impact.

Remember to follow essential tips for writing effective legal documents, such as knowing your audience, being clear and concise, focusing on facts, citing authoritative sources, and maintaining a professional tone. Avoid common mistakes like using passive voice, legalese, overly long sentences, and poor organization. By avoiding these pitfalls, you will ensure that your writing sample is polished and professional.

Invest time in editing and proofreading to eliminate errors and improve clarity. Consider seeking feedback from peers or mentors to gain additional perspectives on your writing. A well-crafted legal writing sample not only demonstrates your competence but also sets you apart as a strong candidate in the competitive legal job market.

By following these best practices and putting in the necessary effort, you can learn how to write a legal writing sample that effectively showcases your skills and makes a positive impression on potential employers. Start early, revise thoroughly, and let your legal writing sample testify to your abilities as a legal professional.

If you would like to review the various types of writing samples for litigation and learn how to write them well, consider taking a legal writing course like ours, Legal Writing Launch.