Write Better Legal Documents: A Checklist

Lawyers write something different every day. One day it's a legal brief, and the next it's an academic article for a trade journal, but the same principles apply across the board. Legal writing must be clear, concise and thoroughly edited to convey the appropriate message or argument. The following are guidelines for editing and improving legal writing of any kind.

How to edit for readability

Reading aloud can help writers determine whether their work is truly readable. Authors should consider whether the piece flows and contains a clear message overall. The active voice is easier to read than the passive voice and will underscore the strength of any argument by stating it in the affirmative. Legalese and excessive hyperbole should also be avoided in legal writing. Judges and opposing counsel will appreciate a concise argument built on relevant facts. Theories and speculation can be overly broad and should be reserved for oral arguments wherever possible. The best legal writing holds strictly to facts and the applicable rule of law.

Avoid grammar, punctuation, and spelling errors when composing a legal document (Courtesy Injury Lawyers San Luis Obispo, Flickr CC)

Grammar, punctuation and spelling errors

Four years as an undergraduate and three years of law school should be sufficient for lawyers to know their writing weaknesses. Thorough proofreading is critical. Simple spelling mistakes are sloppy and can undermine an author's credibility even when the legal argument is fundamentally solid. A misplaced comma can change the meaning of an entire sentence, maybe nullifying the argument in the process. A writing reference manual is second in value to Black's Law Dictionary for last-minute revisions. Every writer should develop good habits, like using spell check before hitting Save on the final version. Poor grammar and punctuation should never interfere with a strong legal theory.

Organization is key

A well-organized legal document should be easily understood by a non-lawyer or someone with no familiarity with the case. Writers should step back and assess whether their argument is logical. Simplicity prevails in every instance. Documents should be organized around a thesis statement, supported by specific details of the case. The IRAC method, while simplistic, is foolproof in most instances: lawyers are adept at identifying the issue (I), outlining the rule of law that applies (R), analyzing the case (A) and then presenting the conclusion (C). A well-organized, well-written piece is likely to win over any audience.

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Posted - 06/01/2015