how to be a better writer lawyer

by Oran Macejkovic 7 min read

  • Organize Your Writing. Organization is the key to successful legal writing. Create a roadmap for your writing by using visual clues to guide the reader.
  • Ditch The Legalese. Legalese — specialized legal phrases and jargon — can make your writing abstract, stilted, and archaic.
  • Use Action Words. Action words make your legal prose more powerful, dynamic, and vivid. Add punch to your writing with verbs that bring your prose to life.
  • Avoid Passive Voice. Passive voice disguises responsibility for an act by eliminating the subject of the verb. ...
  • Edit Ruthlessly. Edit your writing ruthlessly, omitting unnecessary words and rewriting for clarity. Careful proofreading is particularly important in legal writing.

Here are ten ways that you can improve your legal writing skills.
  1. Take Classes. ...
  2. Use Outlines. ...
  3. Read Challenging Material. ...
  4. Write Concisely. ...
  5. Never Use The First Draft. ...
  6. Always Proofread Several Times. ...
  7. Ask Someone To Review Your Work. ...
  8. Have A Good Topic Sentence.
•
Jul 8, 2019

How to become a good lawyer 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.

How to become a better writer?

How to Become a Better Writer. 1 1. Develop a daily writing habit. Practice makes perfect, so set aside just 10 or 15 minutes each day to free-write. Free writing is a healthy daily ... 2 2. Try to read every day. 3 3. Capitalize when you're supposed to. 4 4. Avoid using exclamation points. 5 5. Always think about your audience. More items

What is good legal writing?

Like with any craft, good legal writing is a skill and ongoing process that you build the foundation for and improve on. The writing process is complex and extends beyond just putting words to paper. Researching, writing, and editing are all important skills for good legal writing.

What makes a good lawyer?

Lawyers also need to make sure 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.

What are the two things you judge a lawyer on?

What is verbosity in writing?

How to write a research memo?

About this website

image

How can I improve my legal writing skills?

10 tips for better legal writingCheck verb tense. A singular subject should have a singular verb and a plural subject should have a plural verb.Note word placement. ... Stay active. ... Placement matters. ... Use the Oxford comma. ... Utilize comma splices correctly. ... Avoid ambiguity. ... Aim for clarity.More items...

Do you have to be a good writer to be a lawyer?

Becoming a lawyer means you have to become good at a very specialized type of writing. In law, it's not so much a matter of how much you write as how you write it.

Do lawyers make good authors?

Given these stark portrayals, it can come as a surprise that many authors have backgrounds as lawyers. Think John Grisham, Marjorie M. Liu, and even Franz Kafka. Aside from the (accurate) assumption that neither lawyers nor authors sleep much, they share a powerful pair of skills: attention to detail and storytelling.

What makes a good legal writer?

This Part advances a theory as to the fundamental qualities that enable legal writing to do this. It concludes that there are three such qualities: clarity, concise- ness, and the ability to engage the reader.

Why is legal writing so difficult?

One of the reasons the law is often written in complicated or hard-to-understand language is because of the way law develops. In the United States, we use something called stare decisis. (That's pronounced starry de-sigh-sis.) Stare decisis means that we look at past cases to help us interpret the law today.

Do lawyers read and write all day?

4. Most of our job is reading, writing, and paperwork. Seriously. There is a reason most trials are boring, and it's because all lawyers are taught to do in law school is read and then write about the things we read.

Can I be a writer and lawyer?

It is possible to be both a good lawyer and a good writer. That's my current goal, and as the list of successful lawyer/writers is long and growing, I know it's attainable with a lot of effort.

Is being a lawyer a lot of writing?

But no matter what area you practice in, writing is definitely going to be part of the job. That might include briefs, memos, contracts, letters, and even emails, she adds.

Why are lawyers Criticised for their writing?

Lawyers' written work is subject to serious scrutiny. Legal writing gets scrutinized and criticized (not to mention satirized). Your legal documents can end up in front of multiple audiences, and each has a chance to evaluate your writing.

How do you write well in law?

Tips for effective legal writing1) Focus on your audience. Who is your audience? ... 2) Be grammatically correct. ... 3) Don't use flowery language. ... 4) Begin at the end. ... 5) Avoid jargon. ... 6) Consider how your work is presented. ... 7) Care deeply about the words.

Why do lawyers need good writing skills?

Writing is critical to the legal profession. Good writing helps us understand agreements, arguments, concepts and rules. Good writing entertains, informs and persuades. Good writing affects the administration of justice.

What is IRAC in legal writing?

Whether they call it IRAC (Issue, Rule, Application, Conclusion), CRAC (Conclusion, Rule, Application, Conclusion), or CREAC (Conclusion, Rule, Explanation, Application, Conclusion), all lawyers write in the same way: by laying out the issue to be discussed, the legal rule relevant to the issue, the analysis of the ...

What are the two things you judge a lawyer on?

Throughout your career as a lawyer, you'll be judged professionally on two main things: your interpersonal skills and your writing. Although the requirements of writing assignments will vary depending on your organization, your supervisor and your clients, here are 10 pointers that will improve your work product.

What is verbosity in writing?

Verbosity makes your writing seem cluttered and underthought. Learn to delete every surplus word. For example, general consensus of opinion is doubly redundant: A consensus relates only to opinions, and a consensus is general by its very nature. You can replace the phrase a number of with several or many.

How to write a research memo?

And never open with a full-blown statement of facts—despite what you may have learned elsewhere. Why? Because facts are useless to a reader who doesn't yet understand what the issue is. Instead, integrate a few key facts into your issue statement .

How to improve legal writing?

Edit your writing ruthlessly, omitting unnecessary words and rewriting for clarity. Careful proofreading is particularly important in legal writing. Spelling, punctuation, or grammatical errors in a document submitted to the court, opposing counsel or a client can undermine your credibility as a legal professional.

Why is the written word important in legal writing?

Updated November 20, 2019. The written word is one of the most important tools of the legal profession. Words are used to advocate, inform, persuade, and instruct . Although mastering legal drafting takes time and practice, superior writing skills are essential to success, and you can take steps to improve yours.

How to avoid legalese in a letter?

To avoid legalese and promote clarity, try reading your sentence to a colleague or substituting abstract words with simple, concrete terms. For example, instead of using “I am in receipt of your correspondence,” use “I received your letter.”. It's clearer and more succinct.

How to write a legal document?

Organization is the key to successful legal writing. Create a roadmap for your writing by using visual clues to guide the reader. Introduce your subject in an introductory paragraph, use transitional phrases (“furthermore,” “however,” “in addition,” etc.) between each paragraph, introduce each paragraph with a topic sentence, and use headings and subheadings to break up blocks of text. Limit each paragraph to one topic, and sum up your message with a concluding sentence or paragraph. Organizational structure guides the reader through your text and promotes readability.

How to make legal prose more powerful?

Use Action Words. Action words make your legal prose more powerful, dynamic, and vivid. Add punch to your writing with verbs that bring your prose to life. Here are a few examples: Weak: The defendant was not truthful. Better: The defendant lied. Weak: The witness quickly came into the courtroom.

What should every word you write be tailored to?

Every word you write should be tailored to the needs of the reader. Documents that embody the same research and message may vary greatly in content and tone based on the document’s intended audience. For example, a brief submitted to the court must advocate and persuade. A memorandum to a client must analyze the issues, report the state of the law, ...

What is legalese in writing?

Legalese — specialized legal phrases and jargon — can make your writing abstract, stilted, and archaic. Examples of legalese include words such as aforementioned, herewith, heretofore, and wherein. Ditch unnecessary legalese and other jargon in favor of the clear and simple.

What should lawyers read?

I recommend that lawyers read broadly in whatever interests them. Read for pleasure, but also be analytical as to what makes for enjoyable and consumable writing. The same components that make for good fiction and non-fiction also make for good legal writing.

How to become a lawyer as a young lawyer?

For young lawyers, you have to develop good knowledge of your practice area (s), which often takes time to learn beyond the hours that are billable to clients. Then you need to implement systems that will help you stay organized, manage your caseload and communicate regularly with clients.

Why do lawyers need to be constantly availing themselves?

Whether we are reading books or articles, listening to podcasts or the radio, lawyers need to be consistently availing themselves to new ideas, business strategies, marketing tactics or just sources of inspiration. These can either come in short form or long. With constant inputs, lawyer can continually improve themselves and their practices and expand their horizons.

How many minutes does Richter give lawyers?

Lawyers are notoriously busy folks, but Jeremy W. Richter wants them to give him five minutes of their day to become better at what they do.

How to make sure you get paid for a personal injury case?

A personal injury attorney needs to make sure her firm’s name is on the settlement check along with the client, because if it goes into the client’s bank account first, the lawyer is never going to see her share of the money. For firms with individual and small business clients, get a retainer up front, because if you are only billing your clients after the work is done, you are going to end up doing a lot of work for free. For those who have an insurance defense practice like mine, the client gives you billing guidelines with which you have to be compliant; a failure to comply with the structure you’re given will result in you not getting paid, regardless of the quality of the work-product.

What is Stephen King's "On Writing"?

Stephen King’s “On Writing” is part memoir and part writing guide. It contains some useful tactics to help all writers improve their craft. And since a significant part of what most writers do is write it is an excellent resource for us. But Stephen King is not the only writer to provide a valuable resource on improving the writing craft; others I have found helpful include Anne Lamott, Jeff Goins, Joanna Penn and Shawn Coyne.

Is the legal profession a wellness problem?

The legal profession has a well-documented problem with wellness. What’s your advice for how to deal with the stress and anxiety of being a lawyer?

What questions should I ask myself when writing a document?

Planning: Think about who you’re writing the document for, by asking yourself these questions: “Who is my reader?” “What is my reader’s relationship to me?” and “Why am I writing this? Is it to inform, persuade or to accomplish some other end?”

Why is it important to write in the active voice?

Writing in the active voice is clearer, more concise and easier for the reader to understand. Writing in the passive voice makes the reader “struggle to figure out what you’re saying,” he said. Placement matters. “Put the modifying words as close as you can to the words you’re modifying,” Spratt said.

Is legal writing one size fits all?

The legal writing process is not “one size fits all” and “people need to find the one that fits them best, David Howard Spratt, professor of legal rhetoric at American University Washington College of Law, said in the recent “ Landslide Webinar Series: Take Your Legal Writing from Good to Great—Drafting Tips from the Pros ”. The webinar was sponsored by the ABA Section of Intellectual Property Law and ABACLE.

Do you use the Oxford comma in legal writing?

Use the Oxford comma. “People fight this one all the time because sometimes in previous professions or in nonlegal writing – I call it ‘illegal writing’ – you don’t use the Oxford comma, but lawyers like to speak in terms of elements, and punctuation is very important,” said Spratt.

What do lawyers need to write?

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.

How to improve legal writing skills?

One of the most helpful legal writing tips to improve your legal writing skills is organizing your research into an outline. Starting with an outline will help keep your writing organized and focused. A good outline starts by detailing your topic, putting your most important information at the top.

How to structure a piece of writing?

The best way to structure any piece is by writing from the top down. Start by showing the reader what you’re writing about and why, then provide the arguments to support your case. Pick your best or most persuasive arguments to focus your writing on, then filter additional, supporting arguments thereafter.

What are some good legal research tools?

Some helpful legal research tools include FastCase, Legal Information Institute (LII), and CourtListener. Depending on the piece you’re writing, you may also find secondary sources such as legal dictionaries, law reports, and academic journals helpful in your research.

How to write a good first draft?

On your first draft, focus on capturing the right information. Make sure the information is complete and sufficient, and that 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.

What is the purpose of writing a contract?

Writing a contract may serve to inform, while court documentation may serve to persuade, and client intake documentation may serve to evaluate. The structure, tone, and voice of the document will change depending on the purpose of your legal writing. Understanding that purpose will help you write better.

What does knowing who you are writing for help with?

Knowing who you’re writing for will help shape the structure and tone of your piece. A judge, another attorney (including an opposing attorney), or a client will have different experiences and expectations that inform how they read your writing.

What is the workshop on writing a novel?

This workshop will take you through all of the basics of writing a novel including how important it is to choose a great setting, how to build characters, what point of view you should choose, how to write great dialogue, and more! Register today.

Is there overlap between legal profession and writing skills?

There's more overlap than you might expect between legal profession and the skills required to become a writer. Author Reyna Marder Gentin discusses the lessons she learned practicing law that she's been able to apply in her writing.

How to write a very?

Drop the word 'very' from your vocabulary. Read your writing out loud. Ask for feedback from your peers. 1. Develop a daily writing habit. Practice makes perfect, so set aside just 10 or 15 minutes each day to free-write.

What to do if you are not positive about spelling?

Dustin Wax of Lifehack writes, "If you're not positive about the spelling of someone's name, their job title (and what it means), or their gender, either a) check with someone who does know (like their assistant), or b) in the case of gender, use gender-neutral language.”

How to catch typos in writing?

Read your writing out loud. Before you send anything important, read through it out loud quickly. It may seem a little strange, but reading your writing out loud is one of the most effective ways to catch typos, grammar errors, and awkward phrasing. 13. Ask for feedback from your peers.

What is free writing?

Free writing is a healthy daily habit that allows you to get your thoughts down on paper (or computer) without worrying about outlining or proofreading your ideas. Think of it like a journal, but focus your daily entry on personal growth or a subject in which you want to become -- or be seen as -- an expert.

Is it harder to convey tone in the form of words than it is in person?

It's much harder to convey tone in the form of words than it is in person -- the types of formality described above are how you can compensate for this and ensure your audience doesn't feel disrespected.

Is it a good idea to write formal?

You can be casual with your coworkers and peers, but when communicating with management or clients, it's a good idea to write using more formal grammar. Keep in mind that "formal" doesn't necessarily mean stilted or old-fashioned.

Do you capitalize a blog post?

Title case. Whenever you're titling a new story, book, article, or even a new section of an article, you'll need capitalizations to distinguish it. This means email subject lines, blog post headlines, and even report titles should be capitalized. Check out the Associated Press Stylebook to learn a popular way of doing so.

Why do writers hate revising?

Many writers hate revising, because it seems like so much work when they’ve already done the writing. But if you want to be a good writer, you need to learn to revise. Because revision is where good writing really is. It separates the mediocre from the great.

How to write without interruptions?

Create a writing ritual. Find a certain time of day when you can write without interruptions, and make it a routine. For me, mornings work best, but others might find lunch or evenings or midnight hours the best. Whatever works for you, make it a must-do thing every single day.

Why is it important to prepare yourself before a big show?

According to experts, we’re built to display anxiety and to recognize it in others. If your body and mind are anxious, your audience will notice. Hence, it’s important to prepare yourself before the big show so that you arrive on stage confident, collected and ready.

How to improve body language range?

Arm stretches – We often use this part of our muscles during a speech or presentation through our hand gestures and movements. Stretching these muscles can reduce arm fatigue, loosen you up and improve your body language range.

Do you need to drink water before a speech?

To prevent all that, it’s essential we stay adequately hydrated before a speech. A sip of water will do the trick. However, do drink in moderation so that you won’t need to go to the bathroom constantly.

Can you publish a book if no one reads it?

Not just the person who you’re allowing to read it, but the general public. You’ll need to publish your book or short story or poem, or write for a publication. If you’re already doing a blog, that’s good, but if no one reads it, then you need to find a bigger blog and try to submit a guest post.

Can you memorize a script?

However, memorizing your script word-for-word is not encouraged. You can end up freezing should you forget something. You’ll also risk sounding unnatural and less approachable.

What are the two things you judge a lawyer on?

Throughout your career as a lawyer, you'll be judged professionally on two main things: your interpersonal skills and your writing. Although the requirements of writing assignments will vary depending on your organization, your supervisor and your clients, here are 10 pointers that will improve your work product.

What is verbosity in writing?

Verbosity makes your writing seem cluttered and underthought. Learn to delete every surplus word. For example, general consensus of opinion is doubly redundant: A consensus relates only to opinions, and a consensus is general by its very nature. You can replace the phrase a number of with several or many.

How to write a research memo?

And never open with a full-blown statement of facts—despite what you may have learned elsewhere. Why? Because facts are useless to a reader who doesn't yet understand what the issue is. Instead, integrate a few key facts into your issue statement .

image