If you distill the entire legal profession into one basic concept, the practice of law can be characterized as a group of skilled communicators.
I love words. I always have. I love arranging words in a precise way to communicate with precision. As an attorney, I don’t believe in using two words when one will do. I also abhor when people overuse pronouns. Pronouns lead to ambiguous legal writing. Ambiguous legal writing leads to disputes. Disputes lead to cost, frustration, and valuable time lost.
So how does one become a good legal writer? Simple: they read good writing (both legal and non-legal) and accept criticism and correction in connection with their own legal writing.
I have been blessed to have worked in the law industry since age 18. I have held every job from unpaid intern, to legal assistant, to attorney. The advantage of this course was that I was unwittingly gradually trained in the art of legal writing from a very young age. When I was an intern, I would sit in the file room and read the client files. Not because I was nosey, but rather because I had time on my hands and wanted to read what lawyers wrote. I had no idea how a Trust worked, or even what the Trust meant. All I knew at that time was that the Trust was drafted by a good lawyer, so this must be how good lawyers write.
As a legal assistant, I wrote for other attorneys. I had to learn the subtle art of adopting their voice and writing in their style seamlessly. This is an undervalued trait that all good legal assistants and paralegals possess. I learned why certain attorneys preferred an oxford comma in certain instances and not in others. I learned why, when, and how to define terms. Most importantly, I learned the subtle difference between drafting correspondence to a client, versus to opposing counsel, as opposed to drafting an formal agreement between parties, an internal memorandum, and a client opinion letter.
Your audience is everything in legal writing.
Your audience will dictate exactly how you formulate what you are communicating. For example, you would not write to your client in the same manner that you would write to a judge. Why? Because they are situated differently and will use the information provided in different ways. Writing for a court is persuasive writing. You are using your legal skills to covey the law to a trained and experienced reader, and presenting your facts in a persuasive way that in some way connects to the law which forms the basis of your analysis. When drafting to the court, you are a surgeon with a knife.
When drafting to a client, you are typically relaying information in order to either update a client or to aid the client in making a thoughtful decision. Here you want to be sure that the meat of the law is fully preserved when explained in layman’s terms.
Good legal writing does not happen overnight. Rather it is a skill that is improved and sharpened daily. I encourage all young lawyers (and those aspiring to be young lawyers) to read as much as they can. The content of what is read matters to a certain extent, but remember, good writing comes in every form. So, don’t dismiss that New Yorker article just because its a style piece; good writing is good writing.
I find that many younger lawyers are not accustomed to having their writing critiqued by more experienced attorneys. Be open to their pen. There is wisdom in every stroke. Read through their edits carefully and learn the way that they write. If you don’t understand something, ask! Understanding why an edit was made is more important than the edit itself.
Finally, proofread. Proofread everything, even emails (especially emails). You have your own unique way of writing. take the time to learn how you write. It may sound funny, but it’s true.
In sum, good legal writing doesn’t happen overnight. Read well written content, take the time to understand feedback given to you by other more experienced attorneys and paralegals, and proofread.
The Lady Esquire 