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.