Whether or not you’re a confident writer, legal writing is an important skill for any lawyer, in any practice area. From court documents like motions, discovery documents, briefs, and memoranda, to in-office communication like letters, client emails, internal memos, and more—there’s a whole lot of writing.
Lawyers also need to ensure their writing style, tone, and voice in legal documents and communication are appropriate for a wide range of audiences such as courts, judges, and clients.
Documents filed at court, including briefs and memoranda, involve researching facts and cases, analyzing situations, presenting information, and making an argument. To be a skilled legal writer, lawyers need to be authoritative, credible, and persuasive in their writing. The following legal writing tips will help you improve your writing.
As a legal professional, your writing represents you. Strong written advocacy makes the difference between winning and losing cases.
But between convoluted precedents and tedious templates legal writing can be challenging.
Luckily, you can take tangible steps to improve. Finding your inner John Grisham or Elle Woods just takes practice and dedication.
In this comprehensive guide, we’ll share insider tips to take your legal writing skills to the next level. Master these techniques, and you’ll be drafting high-impact briefs and memos in no time!
Know Your Audience
The first rule of effective writing understand your reader
Legal documents target different audiences. A brief persuades the court while a client letter explains options. Internal memos analyze issues for lawyers.
Before writing, identify key details about your recipients:
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Knowledge level: Explain background to a lay client vs. build on existing expertise for firm lawyers.
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Objectives: A partner seeks analysis but a judge expects legal arguments.
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Style preferences: Some judges demand formal address while others appreciate brevity.
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Constraints: Limit technical jargon and embedded legal cites when targeting clients.
Customizing content based on audience goals ensures your document hits the mark. And a focused message makes complex concepts more digestible.
Organize and Outline
Sound structure is the skeleton of successful legal writing.
Logical flow ensures readers can easily follow your reasoning. Sharp outlining brings shape to the chaos.
Build your blueprint using:
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Headings that orient readers and segment key sections
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Numbered lists to sequence arguments and highlight pivotal points
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Roadmap paragraphs that forecast the analysis to follow
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Summaries to recap important themes and conclusions
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Transitions that connect each piece into a cohesive whole
A cogent outline provides the framework to layer in supporting facts and citations down the line. Prioritize this crucial planning step before drafting any prose.
Stick to CRAC
All lawyers know this tried-and-true model for legal analysis:
C – Conclusion
R – Rule
A – Analysis
C – Conclusion
The beauty of the CRAC method lies in its simplicity. Following this logical formula lends clarity to murky topics.
To employ CRAC like a pro:
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State the conclusion upfront in simple terms
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Explain the relevant legal rule
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Provide thorough analysis applying law to facts
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End by restating the conclusion given the preceding discussion
This roadmap keeps writing focused and oriented around the end goal. The CRAC framework is legal writing gold – use it as the bones of any document.
Write Concisely
Less is more in legal writing. Verbosity dilutes arguments and frustrates readers.
To condense text:
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Omit needless words: Eliminate intensifiers (“very unique”), redundancies (“each and every”), and useless phrases (“it is important to note that…”).
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Reduce clauses: Break long, complex sentences into crisp shorter ones.
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Cut nominalizations: Change “make an assessment” to “assess” for brevity.
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Active voice: “The court overturned the verdict” pops more than “The verdict was overturned by the court.”
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Strong verbs: “Jones argues…” beats “Jones makes the argument that…”
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Highlight key points: Bold, underline, or bullet important statements.
Streamlined writing lets you pack more punch per paragraph. Wield words deliberately to strengthen your message.
Use Plain Language
Plain language clarifies complex legal concepts through simple terms and everyday speech. For example:
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Instead of “prior to,” say “before.”
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Trade “subsequent to” for “after.”
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Swap “utilize” with “use.”
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Pick “about” or “approximately” over “in the vicinity of.”
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Replace “demonstrate” with “show.”
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Use “help” rather than “be of assistance.”
This approach benefits both legal and non-legal audiences. Ditching jargon makes materials more readable for clients and juries. Even judges appreciate clarity.
Boost understanding by phrasing discussions in plain language. Pro tip: read passages aloud to identify areas that sound convoluted. Then, simplify.
Be Consistent
In legal writing, consistency equals credibility.
Maintaining uniformity gives readers confidence you grasped the material. But contradictions undermine conclusions.
Ensure consistency in:
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Formatting: Use the same structure, spacing, footers, etc. throughout a document.
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Tone: Maintain a professional voice appropriate for your audience.
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Terminology: Only use one term for a given concept or party. Don’t flip between “plaintiff” and “injured.”
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Citations: Abbreviate sources consistently and cite with each mention.
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Writing style: Don’t mix casual asides with formal analysis.
While legal writing requires customization for context, aim for coherence within a piece. Careful consistency cements your authority.
Integrate Facts Strategically
Unlike creative writing, legal documents deal in cold hard facts. But dry recitations do little to move the needle.
Strategic presentation of the facts bolsters your position:
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State favorable facts first to frame the narrative positively.
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Weave in only facts that support your argument; exclude distracting outliers.
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Quote key testimony to showcase evidence; don’t just summarize.
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Reference precedents to ground assertions in previous rulings.
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Cite page numbers when quoting record documents to facilitate verification.
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Use topic sentences to transition between facts relating to different issues.
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Connect facts to analysis to illustrate how evidence drives your conclusions.
With thoughtful arrangement and incorporation of facts, you can construct a compelling story.
Mind Your Citations
In legal writing, citations do more than avoid plagiarism. Proper Bluebook form lends authority and transparency.
Follow citation best practices:
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Place citations at the end of sentences. This improves flow without interrupting.
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Keep citations brief yet clear, like “(Smith v. Jones, 2019)”.
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Use consistent format for internal cross-references and external source references.
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Only cite statements requiring attribution, not general information.
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Double check accuracy of sources, page numbers, court, dates, etc. to avoid undermining credibility.
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Include pin cites directing readers to specific pages when citing long documents.
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Cite each time you reference the same source. Don’t make readers hunt for footnotes.
Flawless citations reflect attention to detail and command of sources. Don’t let sloppy referencing ruin an otherwise rock-solid argument.
Cut the Legalese
Old legal traditions come with tedious conventions like “hereinafter” and “whereas.” But modern readers demand modern writing.
To cut the legalese:
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Use plain language phrases instead of obscure Latin terms when possible.
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Limit lengthy recitations like “Now comes Defendant, John Smith, appearing herein pro se.”
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Delete meaningless legal doublets like “null and void” or “cease and desist.”
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Reference people by name rather than constantly reiterating party titles.
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Avoid excessive use of nominalizations like “noncompliance” or “remuneration.”
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Only use archaic terms if absolutely necessary given context and audience.
Convoluted language frustrates and confuses rather than demonstrating expertise. Prioritize clarity over convention.
Seek Feedback
Writing is a skill that improves through experience – and edits.
Secure constructive criticism by:
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Asking colleagues or mentors to review and suggest focused improvements.
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Reading documents aloud to identify awkward phrasing.
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Setting writing aside briefly before editing with fresh eyes.
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Checking for consistent style and formatting. Do references match? Is the tone consistent?
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Tracking common feedback and mistakes to address weak spots.
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Conducting peer reviews to compare approaches and learn new techniques.
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Reading exemplary documents in your field and reverse engineering what makes them effective.
Reflecting on feedback accelerates your learning curve. Developing self-editing skills also prevents mistakes before work goes out the door.
Celebrate Progress
Lastly, acknowledge wins! Legal writing is an ongoing journey, but progression deserves praise.
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After finishing a strong brief, take a moment to feel proud.
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Save examples of your best work to track improvement over time.
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Tell your mentor or managing partner about achievements. Let them recognize your growth.
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Record notes on what techniques paid off to replicate effective approaches.
Tip 8: Use jargon only when appropriate
Using jargon, including legal terms, is only appropriate in some contexts. For example, using too much “legalese” with a client who is not well-versed in specific legal matters may end up confusing them and muddling the conversation with unnecessary questions.
While in court documents, it’s completely appropriate (and sometimes even necessary) to use the correct jargon and terminology, since another attorney, judge, or magistrate will be your reader.
When appropriate, strive to use plain language in your legal writing while showing that you understand jargon and can present it in easy-to-understand ways for the reader.
Tip 5: Put words on the page
Even with a detailed outline, getting started can be difficult. Writer’s block is a real thing that even the most seasoned legal writers suffer from. But don’t worry about getting it perfect on the first try—that’s what editing and proofing are for.
On your first draft, focus on capturing the right information. Make sure the information is complete and sufficient, and the content flows nicely from one section to the next. Give yourself as many drafts as you need before your deadline. Also, give your writing some room to breathe by taking a break and coming back to it with fresh eyes.
Always remember that you can clean your writing up in the editing stage—you don’t have to get the formatting perfect on your first try.
Legal Writing Basics: Three Key Skills Sample
How can I improve my legal writing?
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What makes a good legal writer?
To be a skilled legal writer, lawyers need to be authoritative, credible, and persuasive in their writing. The following legal writing tips will help you improve your writing. What is legal writing?
How can I improve my writing skills?
When trying to improve your writing skills, consider reading challenging but well-written legal documents. This can help you understand how other legal professionals construct their arguments and allow you to clarify complex legal issues. You might decide to read court decisions, statutes, motions and briefs from cases that interest you.
Why should you improve your legal writing skills?
Improving your legal writing can help you develop communication skills in several areas of your legal career. Legal writing skills can help you write convincing arguments, draft informative explanations and show your knowledge of the law, allowing you to enhance your professional reputation and gain clients to advance your career.