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Tuesday, August 9, 2011

Legal Writing Skills

Legal Writing Skills

The written words are one of the most vital tool of the legal profession. Words are used to advocate, inform, persuade and instruct. Although mastering legal writing skills takes time and practice, superior writing skills are essential to success. shine your legal writing skills through the simple tips below.

1. 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 and recommend an appropriate course of action. Always keep your audience in mind when crafting any piece of writing.

2. 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 (“moreover, “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.

3. 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. 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 “I am in receipt of your correspondence,” “I received your letter” is clearer and more succinct.

4. Every word you write should contribute to your message. Omit extraneous words, shorten complex sentences, eliminate redundancies and keep it simple.

5. Action words make your legal prose more powerful, dynamic and vivid. Add punch to your writing with verbs that bring your prose to life.

6. Passive voice disguises responsibility for an act by eliminating the subject of the verb. Active voice, on the other hand, tells the reader who is doing the acting and clarifies your message. For example, instead of “the filing deadline was missed,” say “plaintiff’s counsel missed the filing deadline.” Instead of “a crime was committed,” say “the defendant committed the crime.”

7. 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.

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