Legal Writing

I've been making an effort lately to improve my writing. My legal writing prof recommended A book called "Writing to Win" and I've been reading some of that lately. The author, Steven Stark, is funny and has some helpful advice. I also picked up another book my prof recommended, "Legal Writing In Plain English" by Bryan A. Garner. I've also read a little bit of that and think it will be helpful as well.

I'm trying to create a Legal Writing revision checklist that includes tips from these books and my textbook. I have a very rough outline of one right now. When I get something more polished I will post it here. Most of the revision items are ones that I learned in high school (but forgot or don't always practice). Additionally, I'm thinking I will try to create some documents to help me with the different steps of research and organization.

In an effort to keep the content of the blog fresh and helpful, starting today I will make a post every Monday with a writing tip from class or one of my books that I find helpful.

Legal Writing Tip #1
Keep it simple.
Avoid legalese and jargon. Everything I have read so far has stressed this point. Bryan Garner says to make sure that writing is speakable, "The best approach in writing is to be relaxed and natural. That bespeaks confidence. It shows that you're comfortable with your written voice." Steven Stark offers the McDonald's test: "If you were to read the document you're drafting aloud in McDonald's, would people understand what you're saying? If not, your prose is too removed from ordinary language."

After reading Contracts cases from 19th century England, strange words can get dragged into our vocabulary. It's natural for writers to emulate what they read, but many of the opinions law students read are poorly drafted. On this Bryan Garner said, "However willing you might be to pierce through another writer's obscurity, you must as a writer insist on never putting your own readers to that trouble." This should be one of the first things incoming 1L's learn - your writing will be better if you don't use Latin or other legal jargon when you write.