There aren't many rigid rules when it comes to writing. These are some of the tips I have found helpful.
1. No legalese. First and foremost, write in plain, straight forward, easy to understand language. Avoid long and complicated sentence structures.
2. Active voice. Active voice is more compelling and easier to understand than passive voice. Only use passive voice to intentionally downplay an incident. See my passive voice guide here.
3. Use pronouns sparingly. Using pronouns can obscure who or what you are referring to in a sentence. Avoid pronouns whenever possible and generally avoid using “one” as a pronoun.
4. Avoid "it" and "to be." Avoiding the pronoun “it” and the verb “to be” will usually make your writing clearer and more active.
5. Comma and grammar use. Grammar mistakes make your legal writing appear sloppy and unprofessional and, worse, can change the meaning of your writing. Online resources are very helpful. I prefer Purdue's Online Writing Lab.
6. Be concise but thorough. Good luck finding the balance.
7. Organize your writing using sections and subsections. Organize your writing so it is intelligible and convincing. Using effective sections and subsections makes it easier for the reader to effortlessly follow your argument. As with paragraphing, be sure to stay on point within each of your sections and subsections. Legal writing is all about being focused narrowly on the issue (or sub-issue) at hand. If you include extraneous information when addressing an issue, you will confuse the reader and lose the reader's focus. For example, if you are analyzing facts using a four-part legal rule, discuss each part of the rule independent of the other. When discussing part two, don’t allow yourself to begin analyzing part three. You can do that in a separate section.
8. Clear headings. Clear headings allow the reader to quickly identify the topic you are addressing. Ideally, your headings alone would read as a summary of your memo or brief.
9. Effective paragraphing. Within each section, separate your discussion of a topic into several paragraphs that each addresses a specific theme/subtopic relating to the larger topic. Within each paragraph, stick to a single, clearly articulated topic. Do not stray from that topic.
10. Topic sentences. Whenever possible, start each paragraph with a clear topic sentence that informs the reader of what topic the paragraph will address. Stick to the topic that you set out to address within that paragraph.
8. Clear headings. Clear headings allow the reader to quickly identify the topic you are addressing. Ideally, your headings alone would read as a summary of your memo or brief.
9. Effective paragraphing. Within each section, separate your discussion of a topic into several paragraphs that each addresses a specific theme/subtopic relating to the larger topic. Within each paragraph, stick to a single, clearly articulated topic. Do not stray from that topic.
10. Topic sentences. Whenever possible, start each paragraph with a clear topic sentence that informs the reader of what topic the paragraph will address. Stick to the topic that you set out to address within that paragraph.
11. Don’t be vague or conclusory. Legal analysis usually depends on the facts of a case, and to understand the facts of a case the reader needs details. Do not use vague or conclusory statements to explain facts. For example, “The defendant was abusive,” without further explanation, does not tell the reader anything about whether the defendant was in fact abusive. Explain what the defendant actually did to demonstrate why the defendant's actions were abusive.
12. Avoid block quotes (50+ words). Readers gloss over block quotes. Unless the 50+ word quote is truly crucial, which is in fact the case at times, put the substance of the quote into your own words or use ellipses to cut out the parts that are not necessary in order to shorten the quote. Of course, if the extended quote is in fact necessary, then by all means, go ahead and use it.
13. Past tense. As a general rule, use past tense when referring to case law and facts (i.e.,
"The Defendant stole the truck and then ran away."). Lawyers often use present tense when referring to the litigation itself (i.e., "In his motion, the Defendant argues that he should not be held liable because. . . .").
"The Defendant stole the truck and then ran away."). Lawyers often use present tense when referring to the litigation itself (i.e., "In his motion, the Defendant argues that he should not be held liable because. . . .").
14. Avoid unnecessary adjectives and adverbs. Back up your argument with facts, not with fancy words. And don't use exclamation points (unless included in a written quote).
15. Limit use of nominalizations (making verbs into nouns – marginalize turns into marginalization, or nominalize into nominalization).
16. Be consistent with style and formatting. Many issues of writing style are flexible. When you choose an approach or convention, be consistent throughout a document.
17. Order of importance. As a general rule, put the most important information at the start of the sentence or at the start of your legal argument. On occasion, you may choose not to do so for the sake of impact or for organization sake.
18. No contractions. Don't use contractions (like "don't") in formal writing.
19. Noun agreement. Do not use “their” when referring to a singular noun.
20. Write, read, revise, and repeat. You are NOT supposed to create a master legal document on your first effort (or your second or third). The best legal writers in the world review and revise their written works over and over again. Do not get hung up when writing your initial drafts by striving for perfection. Seek out others to review your work if possible, and do not be overly sensitive about others critiquing your work. Indeed, you should urge your peers not to be too polite when reviewing your work. You want critical feedback as it will improve your writing.
