In legal writing, as in any form of communication, tone is crucial. What you say is no more important than how you say it. When addressing the court, an attorney should strive to “be the voice of reason—with a tone of unflappable calm,” as legal writing expert Bryan Garner has put it.
Good legal writing, therefore, is best understood as writing that helps legal actors make decisions in the course of their professional duties.
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.
Therefore, clear writing is crucial in legal practice – without it, cases can be won or lost. Providing concise information correctly leaves less chance for ambiguity or questions when explaining different cases to judges, other lawyers and clients.
legal writing: an overview In many others, writing is the medium in which a lawyer must express their analysis of an issue and seek to persuade others on their clients' behalf. Any legal document must be concise, clear, and conform to the objective standards that have evolved in the legal profession.
1, His aunt is his legal guardian . 2, The legal system is based on compulsion. 3, We employed a lawyer to straighten our legal tangle. 4, He vowed to take legal action.
7 Ways To Improve Your Legal Writing SkillsRemember Your Audience. Robert Daly/Caiaimage/Getty Images. ... Organize Your Writing. Organization is the key to successful legal writing. ... Ditch The Legalese. ... Be Concise. ... Use Action Words. ... Avoid Passive Voice. ... Edit Ruthlessly.
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.
Eight Easy Rules for Persuasive Legal WritingKeep paragraphs within 2 to 7 sentences. ... Keep sentences under 60 words. ... Avoid unnecessary detail. ... Banish passive voice. ... Use key words to signify your argument. ... Define your opponent's argument. ... Edit as you go.
6 Tips To Improve Your Legal Writing in Law School6 Tips To Improve Your Legal Writing in Law School.Use active voice. ... Write in shorter sentences and paragraphs. ... Avoid using contractions. ... Do not use first person pronouns. ... Treat your potential readers as naive. ... Leave time to self-edit and perfect your writing.
Writing is a key part of being a lawyer, and a good writer is a better lawyer. Learning how to construct and present legal documents is just as crucial to a practicing attorney as knowledge of case law and legal terms. All first-year law students take at least one legal writing class.
The most important tone guidelines for litigators are these: Ensure that your prose is understated — not overwrought, pompous, or openly emotional. Write to persuade the reader, not to harass or disparage your opponents. Always show respect to judges and opposing counsel.