Essential Guide to Legal Writing V3 Final

8/18/2019 Essential Guide to Legal Writing V3 Final

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LEGALWRITING

the essential guide to

Tips for Lawyers

10 practical strategies to take your

drafting from rough to ready


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1. YOUR AUDIENCE MATTERS

You're not normally writing for your ego, your boss or

your university lecturer. You're writing for your

audience. Judges, clients, colleagues, opponents, journal readers - they all have different experiences,

perspectives, and knowledge. The more you know about

your audience, the better you will be able to write for

their benefit. Don't forget that sometimes you will havemore than one audience to cater to as well.


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2. HAVE A POINT

By far the worst drafting that exists is the long-winded

waffling style of legal letter that we've all seen (and

occasionally written). Such a style has one major problem - it lacks a discernible point. Many words are

used, and they are frequently eloquent and delightful.

Unfortunately whatever concept that was sought to be

established in the task becomes lost in a maze of unnecessary ink. If anything you have written is not

necessary to make your point/s - then take it out.


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3. A SOLID STRUCTURE

The framework of your product will dramatically impact

the effect you have. Should your primary point be made

first, or last? Is an executive summary necessary? How

much detail is needed? Does X need to precede Y, or is the opposite more appropriate? The answers to these

questions depend upon the nature of the task and its

audience. No matter the subject, however, a deliberate

and meaningful structure has to be considered. If yourwords have just fallen onto the page then step back -

think - and ensure the big picture is correct.


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4. SIMPLICITY OF EXPRESSION

Words are one of our primary tools as lawyers. We use

them frequently, but if we don't take the time to hone

them they will become dull, and we'll make mistakes. I'm

sure you know that Latin in almost all contexts is out.But what about jargon? Technical language? Should you

paraphrase legislation or quote it? The talent of the best

advocates in the world is that they can take a complex

subject and express it in simple terms. That does notmean using childlike language. It means simplicity of

expression, concise use of language and an appreciation

of the subtle message that one word will send, where

another would not.


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5. HUMANITY

Authenticity of expression (in particular in writing to

clients) is a critical component of relationship

development. This is where phrases like "we note that"

and "be advised that" really drive me nuts. Nobody talkslike that. Nobody writes like that in the real world. So

why, when lawyers decide to write, do these ridiculous

phrases creep in so frequently? Unless the situation

calls for it (pleadings, Court submissions are obviousexceptions) your writing style should be, as close as

possible, authentically you. Your clients will love you for

it.


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6. THE WORD COUNT

In the world of content marketing, there is a phrase that

gets around about the best length for blog posts, and I

think it's a good one (I've adapted it for you):

What you write should be long enough to

say what you need to. No More, No Less.

So do that. Don't do another thing. Don't do something

else. Don't waffle on for no reason after you've made

your point. You know - like I'm doing here.


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7. SENTENCE STRUCTURE

Young lawyers have a tendency to graduate with an

amazing talent to string concepts together. The result is

that within a single sentence I can find 3, 4 or moreideas. If you want to make a point, then make that point.

Then make another one.

Separately.

By itself.


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8. THE CALL TO ACTION

Most legal writing needs to end with a discernible call to

action. What is that? It's the thing that you want the

recipient to do. You want the Judge to make particularorders. You want the other party to acquiesce to your

demands. You want your client to give you certain

instructions. If I can't get to the end of your letter and

know precisely what will be happening next and what I

need to do - then you've forgotten a critical element.


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9. POLISH

I don't like to get caught up on this (especially since I am

a frequent breaker of this rule) but you've got to read

things before submitting them. Properly. The most

common errors are found in the parts that get less

attention - the address block, the subject line, the "your

reference" parts, the footers. Beyond that, though -

check for apostrophes, plurals, missing words (want to

get sued? Try forgetting the word "not" in a bad place). A

little attention to these topics will put the polish into

your final product.


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10. FEEDBACK

Pay attention to what happens to your drafting. Where

does the red pen find itself most often? What is unclear

to your supervisor? What questions get asked? Does

your client always call you, confused, straight after

receiving your letters? These are all fantastic guides to

the places you need to improve your legal drafting, and

paying attention to them will see you improve. Of

course, sometimes it will be a style difference and you

need to decide what matters more - maintaining your

style, or getting something signed and out the door.


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THANKS!

Effective lawyers are the ones that can communicatewell.

I hope that these strategies help you focus on your

own legal writing skills, and improve your end product.

Stay tuned for more - and thanks for being part of the

Tips for Lawyers community!

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Essential Guide to Legal Writing V3 Final