This formality can take the form of long sentences, complex constructions, archaic and hyperformal vocabulary. Some of this formality in the drafting of legislation is necessary and desirable given the importance of certain legal documents and the seriousness of the circumstances in which classes of legal documents are created. Use the legal writing tips above as a starting point. Remember to always be open and use constructive feedback and criticism. Be consistent in the use of words. Elegant writing is demonstrated by good taste and consistency in word choice. Don`t be afraid to repeat a word as many times as possible to avoid vagueness or confusion. Some lawyers are guilty of inelegant variations or use different words to convey the same idea. The statement “Whoever makes a will must ensure that the will covers all contingencies” makes the ordinary reader think that a will and a will are not the same thing. Fowler reminds us that once you`ve chosen a word to convey an idea, use the same word for the same idea. Don`t change the guards. Legal language is characterized by long sentences, numerous amending clauses, complex vocabulary, great abstraction and insensitivity to the layman`s need to understand the document.

Legal language is most often used in legal writing. By studying and understanding how others write and structure their pieces, you will get an idea of the overall format of a legal document. You can then incorporate your ideas and writing style. You can also ask your colleagues for examples of their work or join communities and forums to get examples. The goal of legal writing is usually to persuade – the tone and style you use depends on the person you`re writing for. As a legal drafter, you should be able to switch between the legal language required for public servants such as a judge and the plain language required for a client. The drafting of legislation relies on authority to be valid according to the law. In most legal projects, the author must support claims and statements with summonses to authority. This is achieved through a unique and complex citation system that is different from that used in any creative writing. A good overview starts with the detail of the topic and puts the most important information at the top. Then, rinse the main points with the supporting details and make sure the transitions between the points make sense.

Ask yourself: Why do you write what you write? What do you hope to get out of it? What is the result you want to achieve? Prefer the active voice to the passive voice. Sentences with verbs in a passive voice have three properties: they require more words. They do not have the power and frankness of the active voice. They hide the actor or creator of the plot. According to some authors, it is a good rule to use the active voice unless the passive voice is more appropriate for special reasons:(a) Emphasize the act and not the actor: intruders will be prosecuted. b) Distract the perpetrator from the action: the contents of the file have been accidentally destroyed. (c) To highlight the facts, as a result of the accident, the windscreen was broken, the passenger door was torn off from the hinges and the front wheels were misaligned. (d) The manufacturer is not known: the warranty must be registered with the manufacturer before taking effect. e) To hide the identity of the actor: mistakes were made. f) To vary the structure of the sentence: Santos drew his weapon.

When he tried to shoot, Ramos dodged behind the wall. Santos approached cautiously, but was stopped by two consecutive shots. Santos instinctively clutched his chest where he had been hit. His body staggered forward, but he was dead before his head touched the ground. The drafting of legislation is technical. It is generally used by lawyers to express legal analysis and legal rights and duties, duties and privileges. The good writer is aware of a mistake and is constantly engaged in the process of critical self-examination. This should be done at every stage, starting with the first draft and throughout the drafting process. Justice Brandeis said, “There is no great writing, only great rewriting.” Law-making is not covered by movies or television shows. Nevertheless, good legal drafting can create important legal instruments and titles and win business.

Good legal writing requires researching and incorporating relevant precedents into your documents. Before you start writing, carefully read all the documents provided to understand the legal issues and know the applicable jurisdiction. Every case and document is different, but if you keep in mind some basic rules for legal research, you will succeed. Useful legal research tools include FastCase, Legal Information Institute (LII), and CourtListener. IntroductionLaw is a profession of words.2 Words, both oral and written, are the basis of our practice. A lawyer who does not write is no different from a doctor who does not use a stethoscope, or an architect who does not design drawings, or a salesman who does not sell goods. This lawyer is just one in name. The lawyer who knows enough about the law but has difficulty writing faces serious problems in practice. Legal writing is the written result of lawyers. It includes a wide range of documents: contracts, letters, briefs, briefs, opinions, to name a few. The most important goal of legal writing is communication. Write in such a way that the reader understands what you mean.

There is a commitment to courtesy here – the author must always consider the comfort and convenience of the reader. Brian A. Garner, the American guru of legal writing, said: “Your readers are, after all, the ones who matter: you invited them to attend your words, you seek their precious time, and you can even expect to be paid for your efforts. Courtesy requires that you show grace and consideration to your readers. 3 This is the golden rule of writing: write to others as you want others to write to you. What is the first and probably most important legal writing tip? Understand the purpose of your writing. The session`s May theme, legal drafting, is probably one of the most important aspects of legal practice that is underestimated by the public. Don`t be afraid to break the rules depending on your goal. Don`t let the rules paralyze you if you`re aiming for a higher goal or greater impact.

As Henry David Thoreau said, “If I read correctly some of the rules for speaking and writing the English language, I think: any fool can write a rule. And all fools will take care of it. Be afraid not to use sentence fragments. Or long sentences. Use a suggestion to end a sentence. After all, “writing is an act of faith, not a cunning of grammar,” wrote E.B. White.24 Seeking Eloquence. “Wherever he begins, whatever the trivial object of human experience he faces, the legal writer can stab in eloquence. If Holmes were right to say that a man can live both in law and elsewhere: then the consequence is that he must write much, because in law and literature there is no other sense of greatness.

25 Contract drafting can be used as information, while court documentation can be used as persuasion and customer onboarding documentation can be used as an evaluation. The structure, tone and voice of the document will change depending on the purpose of your legal writing.