the essential guide to

LEGAL
WRITING

10 practical strategies to take your

drafting from rough to ready
Tips for Lawyers

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 have
more than one audience to cater to as well.

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.

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 your
words have just fallen onto the page then step back think - and ensure the big picture is correct.

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 not
mean 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.

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 talks
like 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 obvious
exceptions) your writing style should be, as close as
possible, authentically you. Your clients will love you for
it.

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.

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 more
ideas. If you want to make a point, then make that point.
Then make another one.
Separately.
By itself.

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 particular
orders. 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.

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.

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.

THANKS!
Effective lawyers are the ones that can communicate
well.
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!