9 ways to Build a Strong Foundation in Legal Writing

9 ways to Build a Strong Foundation in Legal Writing

Legal writing is a critical skill in the legal profession. It demands – but also cultivates – clarity, precision, and a deeper understanding when you think about legal concepts.

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:
Tailor your writing to the expectations of judges, clients, or colleagues, adjusting your style and tone accordingly.

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.

 

No matter the style or tone, opt for clear, concise language. Simplify complex sentences and explain legal jargon when needed.

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.

 

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!

Get comfortable with standard citation formats to ensure consistency and accuracy.

See my resources page on citations for more info.

Familiarize yourself with formats for briefs, memoranda, and legal opinions, adhering to court rules and following formatting conventions of the institution you’re working for or submitting to. The following table may vary accordingly:

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.

Sharpen your ability to analyze legal issues and present clear, reasoned arguments.

Check my website for an upcoming blog post on how to reason logically! I’ll cover deductive and inductive reasoning.

Dedicate time to editing and seek constructive feedback to refine your work. Reach out to me for coaching on how to write! Note: I won’t do your work for you or otherwise participate in plagiarism.
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