Legal writing is probably unlike any type of writing you’ve done before – it follows a prescribed structure and can be tedious. But if you learn the structure and understand the reasoning behind it, you can set yourself up for success in your legal writing class! Here are four actionable tips you can take to ace your next memo assignment.
Aim to write in layman’s terms. Clear, direct, and concise is the goal. If something can be said in fewer words, do it! Get rid of unnecessary words (e.g. “actually”) or wordy phrases (e.g. say “because” rather than “as a consequence of”). Use simple verbs instead of nominalizations (e.g. use “negotiate” rather than “negotiation,” and “agreement” rather than “agree”). This may make your writing seem less “lawyerly,” but no one wants to read pages upon pages of complex technical legalese, and it does not make you look smarter! The ultimate goal is to make it as easy as possible for the reader to understand your main points and line of reasoning.
Outlining helps to make sure you have all the necessary elements in your memo. Assume the reader doesn’t know anything about the case. Do your thesis statements make clear which rules you are applying? Do the rules flow together, and are they presented in an order that makes sense? Is every fact you mention in the Statement of Facts applied somewhere in the analysis? Check that no new facts are introduced in the application section.
Connect the dots for your reader – don’t shy away from specific facts Distinct facts help to distinguish the cases for your reader. Readers are more likely to remember a case where the victim “suffered a severe head injury and was bleeding from the nose, ears, and mouth,” as opposed to a case where the victim “was injured during the car accident.” Use memorable placeholders. For example “the motorcycle accident victim“ as opposed to “the victim.” Take every opportunity to eliminate ambiguity and be as explicit as possible; for example, state that someone arrived “ten minutes after the accident” as opposed to “shortly after the accident.” Connect the specific facts to your legal conclusions, and check if there is conclusory language in your thesis statements in the application section that needs to be replaced with specific facts. Connect the dots for your readers so that they don’t have to think as hard!
Develop effective proofreading habits Effective proofreading in legal writing is more than just reading over your paper a couple times; it is a skill. Here are a few tips to help you proofread more thoroughly:
Proofread in stages, and focus on one problem area at a time. For example, read solely the thesis statements and make sure they present a cohesive story, then check all the citations, and scan the memo as a whole for formatting inconsistencies such as inconsistently tabbed paragraphs.
Legal writing is a skill that you will use no matter what legal career you pursue, and it is a continuous work in progress – we can always become better writers! Being able to write clearly and concisely and explain complex legal issues to a client goes a long way towards becoming a better communicator and a more effective lawyer.
For more tips on effective legal writing in various settings, here are some other helpful resources:
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