Legal writing is a specialized form of writing that requires precision and clarity. Whether you’re drafting a legal brief, a memorandum, or a contract, it’s essential to communicate your ideas effectively. To help you improve your legal writing skills, we’ve compiled a list of dos and don’ts that you should keep in mind.
Table of Contents
- Introduction
- Dos of Legal Writing
- Don’ts of Legal Writing
- Conclusion
- FAQs
Introduction
Legal writing can be challenging, especially for those who are not trained in the legal field. However, with a little effort, you can improve your legal writing skills and become a more effective communicator. In this article, we’ll cover the dos and don’ts of legal writing, which will help you to write more clearly, concisely, and persuasively.
Dos of Legal Writing
Understand Your Audience
The first and most important rule of legal writing is to understand your audience. You should tailor your writing to your intended readers, whether they are lawyers, judges, or laypeople. You should use language and concepts that your audience will understand, and avoid technical jargon that could confuse or alienate them.
Use Plain Language
Legal writing should be as clear and straightforward as possible. You should avoid using complex sentence structures and unfamiliar words. Instead, use plain language that is easy to understand. This will help to ensure that your message is conveyed effectively.
Be Concise
In legal writing, brevity is essential. You should strive to express your ideas as clearly and succinctly as possible. This means eliminating unnecessary words and phrases, and avoiding repetition. A concise document is more likely to be read and understood than a long and convoluted one.
Use Active Voice
Using active voice is another key aspect of effective legal writing. Active voice emphasizes the actor, making your writing more engaging and persuasive. It also helps to clarify who is responsible for a particular action. Passive voice, on the other hand, can obscure responsibility and make your writing less engaging.
Be Precise and Accurate
In legal writing, precision and accuracy are essential. You should be careful to use the correct terminology and avoid ambiguity. Your writing should be based on facts and evidence, and you should avoid speculation or conjecture. This will help to ensure that your argument is convincing and credible.
Cite Your Sources
In legal writing, it’s essential to cite your sources properly. This not only helps to support your argument but also gives credit to the authors of the original work. You should use a recognized citation style, such as the Bluebook, and ensure that your citations are accurate and complete.
Use Headings and Subheadings
Using headings and subheadings is an effective way to organize your writing and make it more readable. Headings help to guide the reader through your document and highlight important points. They also break up long blocks of text, making your writing more visually appealing.
Proofread Your Work
Proofreading is an essential part of legal writing. You should always review your work carefully to ensure that it is error-free. This means checking for spelling and grammatical errors, ensuring that your citations are accurate, and that your formatting is consistent. You may also want to have someone else review your work to catch any errors that you might have missed.
Don’ts of Legal Writing
Don’t Use Legalese
Legalese refers to the complex and technical language that is often used in legal writing. While some degree of legal terminology is necessary, you should avoid using overly complex language that can be difficult for your readers to understand. Instead, use plain language that is clear and concise.
Don’t Overuse Latin Phrases
Latin phrases are commonly used in legal writing, but they can be overused to the point of becoming cliché. While some Latin phrases have specific legal meanings, many are unnecessary and can make your writing seem outdated or pretentious. Use Latin phrases sparingly and only when they are necessary.
Don’t Use Ambiguous Language
Ambiguous language can lead to confusion and misunderstandings. You should be as precise and clear as possible in your writing, avoiding vague or ambiguous terms. This means defining terms and concepts clearly, and avoiding language that could be interpreted in more than one way.
Don’t Rely on Passive Voice
Passive voice can make your writing less engaging and less effective. It can also obscure responsibility, making it unclear who is responsible for a particular action. Instead, use active voice to make your writing more dynamic and engaging.
Don’t Overuse Emphasis
Emphasis can be effective when used sparingly, but overuse can make your writing seem exaggerated or unprofessional. You should use emphasis only when necessary and avoid using all caps or excessive bolding or underlining.
Don’t Ignore Formatting and Structure
Formatting and structure are important in legal writing. Your document should be well-organized, with headings and subheadings that guide the reader through your argument. You should also pay attention to formatting details such as font size and spacing, and ensure that your document is consistent throughout.
Conclusion
Legal writing is an important skill for anyone in the legal profession. By following the dos and don’ts outlined in this article, you can improve your writing and become a more effective communicator. Remember to write for your audience, use plain language, be concise, use active voice, be precise and accurate, cite your sources, use headings and subheadings, proofread your work, and avoid legalese, Latin phrases, ambiguous language, passive voice, overuse of emphasis, and ignoring formatting and structure.
FAQs
- What is the most important aspect of legal writing?
- The most important aspect of legal writing is to communicate your ideas effectively and persuasively.
- Why is it important to use plain language in legal writing?
- Using plain language makes your writing more accessible and easier to understand for a wider audience.
- How can I improve my legal writing skills?
- You can improve your legal writing skills by practicing regularly, getting feedback from others, and studying the work of experienced legal writers.
- Why is proofreading important in legal writing?
- Proofreading helps to ensure that your writing is error-free and that your argument is presented effectively.
- Can I use humor or personal anecdotes in legal writing?
- While some degree of personality can be effective in legal writing, it’s important to maintain a professional tone and avoid anything that could be considered inappropriate or unprofessional.