10 Principles of Legal Writing
10 Principles of Legal Writing
Andrea DSilva
CML 4307 H
Professor Shelley Appleby-Ostroff
April 16, 2019
Organize your research before writing.
ONE
I used to do a quick review of Westlaw/Lexisnexis and then immediately start writing. I thought that based on that knowledge, I could create a cohesive argument and then find supporting cases later. Through the research assignments, I learned that the most efficient way to write is to organize the research prior to writing. During the first assignment where we only needed to find cases, I located interesting cases that I planned on using in my memo. In the second assignment, I realized there stronger cases I could have used. I didn't have to review Westlaw/Lexis while writing--saving me time on re-writing sections when I find better cases .
Schedule time to re-write
Prior to this class, my writing process was essentially procrastination station. I felt as though my writing improved when I waited till the last minute. However, I have learned that without time to re-write and edit, my memos and assignments suffered. The quote, “There is no such thing as good writing, only good rewriting,” really struck me. I realized building re-write time into my writing process really elevated my work.
TWO
Use point first writing.
Three
Point first writing is effective because it gives the context before the details. It does not bury the objective in the details. The reader is able to ascertain what is important. I honed my point first writing skills in this course and now feel that it has almost become second nature.
Example
The Point: Successful intrusion upon seclusion claims can receive significant compensation in damages.
The Details: You do not need to show any economic loss to prevail. Based on two cases factually similar to yours, I estimate your damages between $7,500-$10,000. Please remember that this award is contingent on successful litigation; while I am confident in your facts meeting the elements of the claim, success is never guaranteed, and litigation can be expensive.
Use simple, substantive headings to organize the assignment without overstating the content.
Four
I learned at Michigan State to use detailed headings to address claims in legal writing. In the memo assignment there, beyond the straightforward “introduction”, “issue”, “argument”, and “conclusion” sections, I also included a long, content-based sentence heading for each of the issues. The idea was that if someone was reading it, they could simply look at all the headings and understand the position. Here, I learned that phrase and skeleton sentence headings are more easily digestible to readers.
Example
Draft: "Lauren likely intentionally invaded Natasha's private affairs without lawful justification in a manner that a reasonable person would find highly offensive."
Final: "Lauren invaded Natasha’s private affairs."
"To be” phrases do not add meaningful content.
Five
I never noticed how often I use "to be" phrases in my writing. I thought that a handful of "to be" sentences emphasized the point I was hoping to convey. I now realize that they do not add meaningful content. I improved the clarity and conciseness of my writing by changing “to be” sentences to ones with a true subject and action verb.
EXAMPLE
Draft: There is no evidence that this invasion resulted in economic damages to the business.
Final: The invasion did not result in economic damages to the business.
Avoid Legalese!
Six
I did not think I had an issue with using legalese until I actually learned was it was. Introductory phrases like “such”, “said”, “as per”, “pursuant to” are all legalese. I used to add these phrases to my writing because I thought elevated the writing. I learned that there is eloquence in being straightforward and in simplicity.
Example
Draft: Per the cases above, CW is unlikely to have repudiated the Agreement, but likely invaded Natasha’s privacy by intrusion upon seclusion. As such, it is my legal opinion that Natatsha negotiate a settlement agreement.
Final: CW is unlikely to have repudiated the Agreement, but likely invaded Natasha’s privacy by intrusion upon seclusion. I recommend Natatsha negotiate a settlement agreement.
Keep sentences short.
Seven
As I was writing this principle, I almost went into a long-winded sentence of the benefits of short sentences. While I have typically written in short sentences, I honed that skill in this class. I learned to remove unnecessary transition phrases and redundant clauses that lengthen my sentences.
EXAMPLE
Draft: "However, the court is more likely to find similar to Crescent where a breach was only material where it deprived the defendant of hotel management, CW's breach is only material if it deprives Natasha of CW trademarks."
Final: The court is likely to follow Crescent , where a breach was material if the defendant was deprived of hotel management. Similarly, CW's breach is only material if it deprives Natasha of CW trademarks.
Lists, where appropriate, should be utilized.
Eight
After hearing from the guest speaker, I decided to incorporate more lists into my work. In the client letter assignment, I used a list to convey the essential contract terms. The list established all the important facts, created more white space, and decreased the word count. I was very pleased with how it turned out and received good feedback from my peer reviewers.
Example
You have alleged the following breaches of the licensing agreement:
• CW did not promote your studio on its social media even though it promotes all of its other locations.
• CW blocked you from viewing its social media.
• Lauren refused to provide you with industry training, despite your repeated requests.
. . .
Acknowledging the strained relationship between you and CW, you asked Lauren to terminate the agreement.
Avoid nominalizations.
NINE
In my 1L year, I learned about nominalizations, or “zombie nouns” as Helen Sword’s TED talk described them. I thought I understood, so I did not choose it for my grammar assignment. I now realize that there is much more to nominalizations than I thought. My court judgement assignment was riddled with nominalizations. I did additional research to make sure that I did not make the same mistakes on the legal memo assignment. I did not receive any nominalization comments on my legal memo.
EXAMPLE:
Draft: Rhonda was on maternity leave and present in the household during the duration of Emelda’s employ but intends to return to work in March.
Final: Rhonda was on maternity leave and present in the household during Emelda’s employ but intends to return to work in March.
Proofread, Proofread, Proofread!
TEN
The biggest comment on my court judgement and memo assignments were to proofread. I made quite a few preventable errors. Mistakes diminish the impact of my writing. I definitely improved from my court judgement assignment to my legal meme, but still I have to work diligently on this issue. I am going to continue to use the “4-7 times” peer reading and review process for my own work. I also will schedule more time to allow for proofreading.