Whether you're navigating law school, practicing law, or just looking to sharpen your legal writing chops, here are essential steps to lay a solid foundation:
1. Know Your Audience:
Audience | Writing Style Approach | Tone Approach |
Judges | Formal, precise, structured. Focus on legal arguments and relevant precedents. | Respectful, authoritative, and objective. Convey confidence in your legal analysis without being adversarial. |
Clients | Accessible, explanatory, straightforward. Avoid legal jargon or explain when necessary. | Empathetic, reassuring, professional. Balance legal advice with understanding of the client’s concerns. |
Colleagues | Collaborative, detailed, analytical. Share insights and reasoning clearly. | Collegial, constructive, direct. Foster a sense of teamwork and respect for diverse opinions. |
Legal Scholars | Scholarly, nuanced, comprehensive. Engage with broader legal theories and context. | Academic, critical, engaging. Challenge existing ideas and contribute to scholarly debate. |
General Public | Simplified, informative, engaging. Break down complex legal issues into understandable concepts. | Approachable, educational, neutral. Aim to inform and clarify without overwhelming or bias. |
2. Clarity is Key:
Strategy | Description | Examples |
Use Plain Language | Replace complex legal terms with simpler alternatives without losing meaning. | Replace “commence” with “start,” “terminate” with “end.” |
Short Sentences | Break down long, complex sentences into shorter, manageable ones. | Instead of a compound-complex sentence, use two or three simpler sentences. |
Active Voice | Prefer active voice to passive voice for directness and simplicity. | Change “The motion was filed by the attorney” to “The attorney filed the motion.” |
Define Terms | Introduce definitions for legal terms that the audience may not know. | “Tort, a wrongful act leading to civil legal liability…” |
Use Examples | Illustrate abstract legal concepts with concrete examples. | Explain “negligence” through a real-life scenario, e.g., a slip and fall case. |
Avoid Redundancy | Eliminate 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 Lists | Use 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 Structure | Organize content logically, using headings and subheadings to guide the reader. | Structure arguments under headings like “Background,” “Argument,” “Conclusion.” |
Paragraph Focus | Keep paragraphs focused on a single idea for easier comprehension. | Each paragraph should introduce, explain, and conclude one idea or argument. |
3. Research Thoroughly:
Back your arguments with detailed research, citing statutes, cases, and legal texts appropriately.
Check back on my website for an upcoming blog post about legal research!
4. Citation Mastery:
See my resources page on citations for more info.
5. Learn Legal Formats:
Document Type | Structure and Key Sections |
Briefs | Introduction: 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 Opinions | Introduction: 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. |
6. Analyze Deeply:
Check my website for an upcoming blog post on how to reason logically! I’ll cover deductive and inductive reasoning.