9 Ways to Build a Strong Foundation in Legal Writing

Whether you’re navigating law school, practising law, or just looking to sharpen your legal writing chops, here are essential steps to lay a solid foundation:

AudienceWriting Style ApproachTone Approach
JudgesFormal, precise, structured. Focus on legal arguments and relevant precedents.Respectful, authoritative, and objective. Convey confidence in your legal analysis without being adversarial.
ClientsAccessible, explanatory, straightforward. Avoid legal jargon or explain when necessary.Empathetic, reassuring, professional. Balance legal advice with understanding of the client’s concerns.
ColleaguesCollaborative, detailed, analytical. Share insights and reasoning clearly.Collegial, constructive, direct. Foster a sense of teamwork and respect for diverse opinions.
Legal ScholarsScholarly, nuanced, comprehensive. Engage with broader legal theories and context.Academic, critical, engaging. Challenge existing ideas and contribute to scholarly debate.
General PublicSimplified, informative, engaging. Break down complex legal issues into understandable concepts.Approachable, educational, neutral. Aim to inform and clarify without overwhelming or biasing the reader.
StrategyDescriptionExamples
Use Plain LanguageReplace complex legal terms with simpler alternatives without losing meaning.Replace “commence” with “start,” “terminate” with “end.”
Short SentencesBreak down long, complex sentences into shorter, manageable ones.Instead of a compound-complex sentence, use two or three simpler sentences.
Active VoicePrefer active voice to passive voice for directness and simplicity.Change “The motion was filed by the lawyer” to “The lawyer filed the motion.”
Define TermsIntroduce definitions for legal terms that the audience may not know.“Tort, a wrongful act leading to civil legal liability…”
Use ExamplesIllustrate abstract legal concepts with concrete examples.Explain “negligence” through a real-life scenario, e.g., a slip and fall case.
Avoid RedundancyEliminate unnecessary words or phrases that don’t add value to the statement.Remove redundant pairs like “null and void,” just use “void.”
Bullet Points and ListsUse bullet points or lists to break down complex information into digestible pieces.List elements of a contract instead of describing them in a paragraph.
Logical StructureOrganize content logically, using headings and subheadings to guide the reader.Structure arguments under headings like “Background,” “Argument,” “Conclusion.”
Paragraph FocusKeep paragraphs focused on a single idea for easier comprehension.Each paragraph should introduce, explain, and conclude one idea or argument.

Back your arguments with detailed research, citing statutes, cases, and legal texts appropriately.

See my resources page on citations for more info.

Document TypeStructure and Key Sections
BriefsIntroduction: Brief overview of the case and summary of arguments.
Statement of Facts: Detailed factual background relevant to the case.
Argument: Organized by issue, presenting legal arguments supported by statutory and case law.
Conclusion: Summarizes the relief or outcome sought by the filer.
Memoranda (Legal Memos)Heading: Includes To, From, Subject, Date.
Issue: States the legal question(s) the memo addresses.
Brief Answer: Provides a concise answer to the issue.
Facts: Describes the relevant facts that give rise to the legal issue.
Discussion: Analyzes the legal issues in detail, applying law to facts.
Conclusion: Restates the answer to the issue and summarizes the analysis.
Legal OpinionsIntroduction: Presents the question or issue the opinion addresses.
Background: Provides context and relevant facts leading to the legal issue.
Legal Analysis: Detailed examination of the legal issues, including statutory interpretation, application of case law, and legal reasoning.
Conclusion: Offers the final opinion or judgment, summarizing the analysis and stating the legal decision.

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