Legal Writing for Every Attorney: A Practical Handbook

In the legal world, writing is an essential skill that permeates all aspects of the profession. It’s a cohesive element that connects and nurtures the tissues of the legal organism, enabling its proper and uninterrupted functioning.

As with biological blood flow, legal writing must be viable and coherent to achieve its purpose—providing effective communication within the legal profession and enabling its protagonists to uphold the fundamental principles of the justice system.

For attorneys of all levels, mastering the art of legal writing is crucial. From drafting memorandums to writing compelling legal briefs, attorneys’ work relies on legal writing more than other players in the field.

This practical handbook will explore key principles of legal writing, emphasizing the importance of understanding the audience, mastering legal research, drafting concise documents, and finalizing the work with thorough editing and proofreading.

Let’s dive in!?

Strategies for Understanding Your Audience

Understanding your audience is the starting point in crafting effective legal documents. It’s the first step in determining your writing journey's direction and outcome.?

The attorney’s job is the most dynamic of all legal practitioners. You write for a diverse audience. Your readers are judges, opposing counsels, and clients. Let’s see how crafting legal documents changes depending on whom you’re writing to.?

• Judges. Writing legal briefs to court involves a higher level of formality. Each brief must follow a specific structure defined by rules (for example, the Local Rules for each Court). Depending on the stage of litigation, attorneys write pretrial, trial, and appellate briefs. Each has its distinct purpose, so attorneys must pay special attention to every detail while drafting them.??
• Opposing counsel. Drafting demands to opposing counsel is a type of lawyer-to-lawyer correspondence, but rather than writing to the decision-maker, you are addressing your opponent. While writing to judges includes an element of persuasion, the communication between trial attorneys takes persuasion to the next level. Depending on your arguments, the other side can settle before the trial or give up on their intent to sue altogether.

• Client. As an attorney, you write to your clients to keep them updated with the latest developments in the case or to advise them about the next moves. I know, for some of you this comes as a surprise, but this is your ethical duty as an attorney. Your tone must match their level of knowledge about legal issues. While using plain language and simple terms is advisable regardless of the audience, you should go further when explaining complex legal concepts to your clients. There is nothing worse than alienating your clients and making them feel like you are taking the opposing side. Be careful with your presentations and make them bespoke for your client.

Remember, tailoring your writing to different audiences can improve the clarity and persuasiveness of your arguments.

Mastering the Legal Research Process

After you have identified your target audience, the next step is the legal research process. This is one of my favorite stages because there is so much potential here. You have the chance to find some really creative cases while diving deep into the statutes and precedent.

Legal research is a cornerstone of persuasive legal writing. No legal document is complete without a solid foundation of legal research. Unlike creative and other forms of writing, legal writing is an essential function of the effective legal system. Because the legal system operates through an intricate web of regulations, statutes, and precedents, mastering these resources is a prerequisite for purposeful legal writing. Thankfully, with today’s tools it’s easier than ever to get good results. But you still must be creative with what you are looking for and how you frame your queries. Understanding your issue is crucial here.

Meticulous research is crucial for attorneys, whose work consists of communicating with various players in the legal arena. Persuasive legal writing is only possible because of thorough research. Attorneys must be able to retrieve relevant information from case law, statutes, and other resources and put it into an elegant writing form suitable for their intended readers.

Drafting Clear and Concise Documents

The English word “brief” comes from the old French pronunciation of the Latin word “brevis”, meaning short. So, you see why a 70-page legal brief is an oxymoron and usually a bad idea.??

From contracts to pleadings, attorneys must maintain a delicate balance between writing legally sound and concise documents with creative flows—while providing sufficient arguments to support your claim. Overstuffing your brief with unnecessary, repetitions facts, and unrelated points can blur your main argument and render the brief ineffective.?

To make your documents more reader-friendly, consider the structure. Divide the text into headings and subheadings and use numbered lists and bullet points to break down complex concepts into smaller chunks of easily digestible content. Remember to be consistent with your headings, spacing, and bullet points so you don’t break the flow for the reader. Your readers will thank you.

Achieving Perfection Through Editing?

Editing is the finishing touch in the art of legal writing. If plagued by errors, even the most well-researched and brilliantly drafted legal documents can lose their effectiveness.

There are a host of resources on persuasive and elegant legal writing. One of the most common methods to improve writing in this respect distinguishes between four stages of the writing process.?

Stage 1: Madman. An initial stage where your creativity should show its full potential. Even if you can’t get into the flow state immediately, writing without interruption is critical in this stage. In other words, let your internal state of mind translate into the outer world without restrictions or inhibitions. What you get is a rough first draft. It’s a foundation of the future legal writing masterpiece.?The important part is just to get it out there. Good writing is re-writing, and you need something to re-write.

Stage 2: Architect. This is a structure-building stage. After you have come up with the first draft consisting of rough ideas, it’s time to shape it by setting a structure. Make an introduction with a roadmap for easy navigation. Create the founding pillars of your content and divide the main points into headings and subheadings. Act like an architect of your legal construction project.

Stage 3: Builder. You have built a sound structure. Your main ideas are in place, and the construction of your perfect brief is easily recognizable. The next step is making the walls by putting in the building blocks of legal arguments, citations, and references. You should support every point with relevant authorities. While doing so, pay attention to citation guidelines to ensure your draft leaves the impression of professionalism and excellence. And use a style guide, like Brian Garner’s Redbook!

Stage 4: Judge Editor. It’s time to polish the final product. Unlike previous stages, now you act from an elevated position of an editor judge. Don’t let even the slightest detail escape your judging eye. Show no mercy in the editing phase. Nothing that stands up to the scrutiny of excellence should remain in your final draft. Remove all redundancies, repetitive words, unclear sentences, and redundant phrases. Let your end product shine in its full glory.

Crafting Legal Masterpieces—One Word at a Time

In the legal field, communication is vital. Mastering the art of legal writing is not optional—it’s mandatory.?

Whether you're an experienced attorney looking to refine your skills or a novice seeking a reliable guide, at Hellmuth & Johnson , we’ve got you covered!?

Hellmuth & Johnson's dedicated seasoned legal writers are well on the way towards mastery with an intense dedication. We adhere to the highest ethical and professional standards in creating compelling legal content tailored to your needs.

If you're a litigator with a heavy caseload, don’t waste time—elevate your case today and transform your legal communication into a competitive advantage! Consult with Brendan Kenny and Hellmuth's legal writing group—a top-tier legal writing team you can rely on to advocate zealously for your client without any fear of losing them.?

Call Neven at (952) 746-2195 or email him at [email protected].