Some very important, yet simple to follow, tips for writing like a lawyer include:
Sep 06, 2016 · Focus on Tone Use friendly and positive sounding language. Unless you’re officially in a dispute, you’re not adversaries so don’t act... Be less formal where appropriate. Use first names if you can. Write in your actual voice, not some abstract notion of... Avoid accusatory and threatening language. ...
Overview. Thinking Like a Writer provides practical advice to help lawyers strengthen their writing skills by “thinking like a writer” as effectively as they already think like a lawyer. The book highlights guiding principles for writing clearly about complicated material and establishing credibility with demanding readers, and then turns those principles into specific techniques …
Legal writing involves the analysis of fact patterns and presentation of arguments in documents such as legal memoranda and briefs. One form of legal writing involves drafting a balanced analysis of a legal problem or issue. Another form of legal writing is persuasive, and advocates in favor of a legal position.
The paper argues that use of plain language, avoiding legalese, proper punctuation and grammar, clarity of thought, adequate and accurate research, proper organisation, brevity in expression and engaging with the audience is the key to good legal writing.
Lawyers should use the Oxford comma to help avoid ambiguity. Three ambiguities may arise without this comma: Whether the two final items in a list are one combined element or separate.
The Article then provides an analysis of the fundamental qualities that enable legal writing to do this, concluding that there are three such quali- ties: clarity, conciseness, and the ability to appropriately engage the reader.
There’s no law to appeal to. The best way to make these arguments compelling is to typify and categorize them. If you know what kind of argument you want to make, you can better scrutinize how well you realized that argument.
Weak arguments are like chains: If one claim breaks, the whole argument falls apart. #N#Lawyers—i.e., people who argue as a profession —know better. Instead of linking chains, lawyers weave claims into cables of arguments strong enough to convince judges and juries. Unlike fragile links, if one thread frays, the cable stays strong.#N#I know, you’re not a lawyer. But your readers are more like a jury than you might think. The hyperavailability of online content means that readers are, in effect, constantly hovering over the close tab button, ready to quit reading. You might not be a lawyer, but your readers are certainly judging.#N#Content that converts must first persuade, so content marketers would do well to learn from professional persuaders. By learning how to make cables of arguments, content marketers can make their ideas more convincing.
Narrative arguments make the case that readers should accept a conclusion because it follows from a logically coherent narrative. Writers will often write about a personal story or tear down an example from another company and use that narrative to reveal a conclusion they want the reader to accept.
Hart calls “rules of recognition,” are considered valid and legitimate ways to create law.#N#There are five arguments: text arguments, which use documents and statutes; intent arguments, which use the documented intent of the law’s author; precedent arguments, which use statements by other judges; tradition arguments, which use cultural norms; and policy arguments, which use any kind of evidence to prove that a given interpretation of the law will bring about a better state of affairs.# N#Each of the five arguments uses different evidence, but each is more compelling when used in conjunction with other arguments.
Social proof is an appeal to collective authority. The argument is that because numerous people (ideally, experts in their fields) believe something, then readers should too. Writers will use survey answers, interviews, or community feedback to leverage a reader’s innate tendency to follow the crowd.
Thinking Like a Writer provides practical advice to help lawyers strengthen their writing skills by “thinking like a writer” as effectively as they already think like a lawyer.
Armstrong and Terrell’s lawyer’s guide to effective writing and editing is simply the best book ever written on legal writing. I would advise lawyers, judges, and paralegals to buy it, read it, and use it.