Legal Writing Mastery: Fundamental Techniques for Clear, Concise, and Compelling Documents
Neven Selimovic
I draft briefs, memos, and motions for other attorneys. I also do commercial litigation.
By now, you've probably heard the age-old adage that a monkey hitting keys at random on a typewriter keyboard for an infinite amount of time will almost surely type any given text. As a lawyer you don't have that time. Not only is your bandwidth extremely limited, but you can't bill your client for mindlessly typing away. So what do you do? You need a specific approach to keep you on track to being efficient and high quality.
Hellmuth & Johnson 's Legal Writing Group takes a design-based approach when crafting a legal brief, memorandum, demand, or any other writing product. While this approach is very common in agile environments prevalent in other industries—such as tech—there is a dearth of legal-oriented materials. Brendan Kenny brought this to my attention when I joined his team, and it has “leveled” up not only my writing, but my efficiency. This design-based approach has been vital for us in providing a quality product for our attorney clients that advocates for their client as if they were our own.
In order to develop a design-based approach, Brendan and I had to solidify our foundational principles in a cooperative way. The first step is to agree on what good legal writing is. But we are not hoarders of knowledge and we want to share our experiences in hopes that it helps other legal writers.
Legal writing is a fundamental skill on which blocks of the legal profession are built. Whether you are a seasoned attorney with years of experience or making your first strides in the legal arena, legal writing is a crucial skill affecting all other aspects of your craft.
The ability to write concise, clear, and compelling legal documents is an art in itself.
As attorneys, your main task is to produce persuasive legal briefs that resonate with your target audience – judges and opposing counsels.
This article will touch upon different aspects of the writing craft essential for any aspiring legal writer – clarity, structure, conciseness, precision, citation, and persuasion.
Read on to learn more!
Decoding Ambiguity: The Importance of Clarity
Legal documents are the main communication channel between you, as an attorney, the court, and the opposing counsel. Using various legal briefs and motions, you are trying to convey complex and intricate legal concepts to the judge and the opposite party.
But despite writing to lawyers who generally understand legal concepts and ideas, you should strive for a clear and unambiguous writing style.
A 2002 Georgetown University study, “The Inside Scoop: What Federal Judges Really Think about the Way Lawyers Write”, included a survey conducted among 355 federal judges (including the Supreme Court, circuit, and district courts). The survey revealed that most respondents considered clear and concise legal briefs the best.
Therefore, avoid overburdening documents with excessive legalese, convoluted sentences, and technical language. No one, especially not judges whose job is to digest and comprehend vast amounts of text, enjoys hard-to-read materials. Instead, aim for plain language and straightforward sentences. Convey your message in the simplest possible terms.
Building Foundations: Why Structure Matters
A well-structured document is a persuasive legal document. Structure your brief into paragraphs and subparagraphs. Use headings, subheadings, bullet points, and numbered lists to make reading effortless and enjoyable.
The above survey shows that federal judges prefer well-organized, tightly constructed legal briefs. Most respondents favor documents where arguments and points progress logically, with the strongest argument placed first.
Always start your brief with a clear introduction, outlining its purpose and providing a summary or roadmap for easy navigation.
Mastering the Art of Brief: Conciseness and its Effect
The legal world is already too complex. The hyperinflation of regulation results in incomprehensible amounts of legal text, materials, and resources. Why make things worse with excessively long legal briefs?
For judges from the above survey, conciseness is not aspirational. It is essential. They see most legal briefs that reach their desk as too long, repetitive, and incomprehensible. Some complain that they drown themselves in a 50-page poorly written brief when the case could have been presented more effectively in a 20-page brief.
To prevent being the subject of such complaints, write short and well-organized legal documents. Avoid repetitions and unnecessary phrases. Brevity is a virtue in the legal world. And concise briefs are far more persuasive.
In Pursuit of Precision: Harnessing Language for Impact
Legal writing is a form of technical writing that aims to explain complex legal concepts in simple and concise terms.
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The law deals with multidimensional aspects of everyday life and business. To convey such complexity, legal scholars have designed technical terms that reflect the essence of the problem.
Because operating in the legal realm is a delicate matter, legal language must be precise and devoid of ambiguity. To ensure precision in your writing, be careful about the legal terms and their meaning. Use specific language to convey legal concepts. Get rid of the words and phrases that do not serve the purpose and contribute to the overall clarity of your brief.
Cite Like a Pro: Mastering Legal Citations for Success
Citations are what differentiates legal writing from other forms of writing. Like intellectual workers in various fields, lawyers must support their arguments by citing resources and opinions written by renowned legal scholars and academics. It is what makes legal briefs credible and persuasive.
Yet not all references contribute to the persuasiveness and assertiveness of your brief. Only correct and coherent citations can instill credibility in your writing.
To ensure your references are flawless, follow the Bluebook. And check out one of these great writing guides or tools:
Regardless of the tool, adhere to the rules and remain consistent throughout the brief.
Beyond Words: Unlocking the Power of Legal Persuasion
Legal writing has a unique purpose: to persuade judges, opposing counsels, and other legal practitioners who come across your brief to the rightfulness of your arguments. Thus, writing legal briefs is not just about presenting facts and citing authorities. It’s about convincing your target audience to embrace your unique perspective and legal insights.
Accomplishing the above goal requires employing specific rhetorical techniques. Legal writers should be familiar with persuasive devices that can add emphasis to their arguments, such as:
While rhetorical devices can impact the persuasiveness of your writing, be careful not to overuse them. Excessive stylistic elements can blur the message or point you wish to convey.?
Empower Your Legal Narrative with Confidence
Legal writing is hard. And good legal writing is harder that requires a lot of re-writing. Mastering the art of legal writing requires lifelong dedication and commitment to precision, clarity, and persuasiveness.
Thankfully, 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.
Reach out to us if you are in need or just want to discuss legal writing concerns and techniques.
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