Legal writing is a form of writing that focuses on outlining terms or evidence in a clear way. The intention of legal writing is to prevent any misinterpretation so that the reader knows exactly what action to take and that you cannot be taken advantage of.

It’s important that lawyers and paralegals master this style of writing. However, they are not the only people who can benefit from learning legal writing skills. Whether you’re a business owner making an agreement with a client via email or a customer filing a complaint letter, having some legal writing skills can come in handy.

Please note: We are not lawyers. Please consult a lawyer if you need a legal document created or have specific questions

Types of Legal Writing

Legal writing can be used in many instances. A few examples where you may want to adopt a legal writing style include:

Contracts

Contracts are written agreements that are legally binding. This means that if someone breaks the agreement, you are entitled to take action outlined in the agreement (such as terminating an employee’s contract for leaking sensitive information). If a great amount of damage has been caused - financial or otherwise - a contract will also give you grounds to sue the person responsible. 

A few common contracts include:

• Deeds: Used to outline rights when owning property.

• Wills: Used to determine what will happen to a person’s assets when they die.

• Prenups: Used to outline conditions of a marriage by a couple before getting married.

• Contracts of employment: Used by an employer to outline the conditions of employment. 

• Consumer contracts: Used by companies to outline the terms and conditions when a customer purchases a product/service.

• Loan agreements: Used by lenders to outline the conditions of a loan. 

Memorandums

Memorandums are written evidence of agreements. Although they are not legally binding like a contract, they may help your cause later if a party breaks the agreement and have been used to win many legal battles. 

Memorandums can also serve as reminders for a reader to easily reference. For example, an employer might outline all the things discussed in a team meeting in writing in an email. This can prevent employees from forgetting important information brought up in the meeting. 

Formal complaints

When making a formal complaint, legal writing can help you build a strong case in your favor. A formal complaint using legal writing is often key when filing a lawsuit. However, even if you don’t want to take legal action, using legal writing to make a complaint can often show that you are serious and committed to seeking justice.

Motions

A motion is a formal request to a court to address a certain matter. It is often the second step in a legal battle after a formal complaint has been made. Both parties can file a motion to address issues that they think are important to the case. As the word ‘motion’ suggests, these documents aim to outline the direction of the legal battle by outlining exactly which points need to be discussed. 

Briefs

Briefs are made after motions and are used to explain a party’s argument outlined in the motion. Legal writing is key to making a brief as persuasive as possible so that the legal battle is won. This is typically written by a lawyer in most legal battles, but if you’re filing a lawsuit without a lawyer, it is possible to write your own brief. 

Important Legal Writing Tips

Now you know the intention of legal writing and when it is used - but how do you adopt a legal writing style? There are a few features of legal writing that are important to consider. Below are just a few essential legal writing tips.

Use the active voice

All sentences are either written in the active voice or the passive voice. Legal writing should always use the active voice because it’s much clearer to understand in most cases.

In active voice sentences, the subject is doing the action. In passive-voice sentences, the action is being done to the subject. An example of the active voice vs the passive voice can be found below:

• Active: John promised to deliver the product by Thursday ✓

• Passive: The product was promised to be delivered by John by Thursday ✘

Avoid ambiguity

Legal writing should always aim to avoid any ambiguity. Times and dates should be clearly written so that there is no confusion. People should be clearly referenced by name. 

Using vague language and pronouns instead of names can cause the information to be misinterpreted. Below is an example of a sentence that could be ambiguous:

• Jenny will be working with Sarah. She will message you the results in a week’s time. 

In this sentence, it is unclear if Jenny or Sarah will do the messaging. ‘A week’s time’ is also too vague. When adopting legal writing, it is better to state:

• Jenny will be working with Sarah. Jenny will message you the results on Wednesday, October 2nd.

Use headings and subheadings

Readability is important in legal texts, too. Walls of text can be intimidating, and information can be easily missed. If a judge agrees that a contract is too hard to read, a case could be thrown out.

This is why it’s important to use headings and subheadings to divide writing into parts that can be easily referenced. You can go one step further and break down points into bullet points or use bold or italics to highlight information that is important. 

Keep it concise

Too many modern contracts are overly long. Terms and conditions sometimes go on for 20+ pages, and though we claim to read them, the reality is that none of us do.

Keeping a legal document as short and snappy as possible can encourage parties to actually read it. Of course, it’s important not to miss any vital information. However, it’s also important not to get carried away with flowery language in an attempt to make something look more professional.

Cite your sources

Where possible, always cite your sources. When referencing that something is illegal, make a direct reference to the exact name of the law. You can even quote the law as it is worded in its official government document. 

This requires a lot of research but makes a more compelling argument and also ensures that you are making an accurate claim. 

Be careful what you promise

When you make a promise in writing, you give the reader legal evidence that you have agreed to that promise. If you are not certain about being able to make a deadline or are not certain about achieving a certain result, do not claim that you will be able to. Only promise what you are certain you can deliver. If there are conditions that could make this promise unachievable, outline these conditions in writing. 

Always proofread

Legal documents can take a lot of energy to write because you have to be so careful of the wording and the details that you use. By the end, you may be tired of looking at the document and eager to send it as soon as possible. However, you should never skip the proofreading stage. Small mistakes involving grammar or spelling could render an entire sentence void. It’s essential to make sure there are no mistakes and that everything is as clear as possible.

Conclusion

Legal writing is challenging and many people find it simpler to simply hire a lawyer to do it on their behalf. However, these tips can help if you decide to do it yourself. These tips can apply to any type of writing that needs to be crystal clear. You do not have to use complex technical jargon. Clarity is the most important part of legal writing, and while this can involve being precise and detailed in some cases, there are many other cases where simplicity is all you need. 

Related Articles: