The Art of Legal Writing for Non-Lawyers: Tips for Crafting Persuasive Arguments
Across all industries and applications, effective writing shares key commonalities like clarity and connection. Writers seek to share powerful insights with audiences but can only do so by fully understanding their readers. These qualities are especially relevant in legal writing, which aims to spark understanding and inspire action.
Writing is a crucial tool in the legal industry, underscoring every argument, client interaction and court decision. Lawyers dedicate considerable time and effort to getting every brief, memo and contract just right — and these efforts are shared by non-lawyers like paralegals, compliance officers and other professionals, who also hold great sway in the legal sector.
All types of legal professionals benefit greatly from understanding the structures behind persuasive arguments. To that end, below we share the most impactful persuasive writing tips below, along with what exactly it takes to craft legally sound and compelling messaging.
Understanding the Power of Legal Writing
The term “legal writing” often describes written communication that adopts a formal tone and serves a few critical functions in the legal industry:
- Conveying complex information
- Analyzing legal issues
- Presenting arguments
This can take numerous forms, involving everything from briefs to discovery documents and even court orders. This is not limited to lawyers but rather reflects an overall ethos of precision and professionalism expected across the broad spectrum of the legal field.
Why Clear and Persuasive Writing Matters in Legal Practice
Above all else, persuasive writing should be coherent and compelling. As the Alameda County Bar Association explains, this is essential because clear and persuasive writing is indicative of effective advocacy and is also capable of fostering credibility.
Ineffective communication can undermine otherwise solid arguments and even jeopardize entire cases. Legal professionals who fail to dedicate the appropriate time and attention to drafting memos, briefs or contracts risk misinterpretation and delays, plus may also lose the trust they've worked so hard to develop among colleagues or clients.
Balancing Logic, Clarity and Credibility in Legal Documents
The most effective persuasive writing strikes a balance between three crucial (but sometimes opposing) qualities: logic, clarity and credibility.
- Logic determines whether arguments are well-reasoned, based on the identified principles or facts.
- Clarity limits ambiguity, ensuring that language is precise but also feels accessible.
- Credibility emphasizes trust and professionalism, complete with a formal tone that conveys respect for the legal profession.
Achieving balance begins with understanding the document's core purpose and its intended audience. From there, it can be structured logically to promote a clear flow of ideas. Throughout the drafting and editing processes, writers should be mindful of whether writing veers too much in any one direction (e.g., becoming overly dense).
Foundations of a Strong Legal Argument
Before diving into the specifics of sentence formation, terminology selection or citations, it is key to create an overarching structure for each document or argument. This enhances the overall flow and function of legal communication.
Structuring Your Argument: IRAC, CRAC and Beyond
Multiple frameworks promise to guide legal arguments, and while these are explored in detail by law school students, they are also widely applicable to non-lawyer professionals. The IRAC method is one of the most prominent writing frameworks in the legal profession, in part because it offers such a clear and predictable format. Key components include:
- Issue – the legal question at hand.
- Rule – the core principles that relate to the issue.
- Analysis – how the rule relates to the facts of the case.
- Conclusion – a summary detailing the outcome of the analysis.
Although the IRAC offers many advantages, critics believe that it can feel formulaic at times. CRAC addresses this by leading with the conclusion. This simple adjustment can make arguments feel more compelling and may also promote greater understanding among readers.
- Conclusion – an upfront overview of the predicted outcome.
- Rule – Relevant legal principles that underscore the conclusion.
- Analysis – Application of previously discussed rules to the facts of the case.
- Conclusion – Reaffirming the originally highlighted conclusion based on the analysis.
Building a Clear and Logical Narrative
Legal writing feels more persuasive when it follows a narrative structure and strategies commonly used in other types of written communication. In literature, this may involve Freytag's Pyramid, which reveals the need for an exposition and climbing action, followed by a climax and, eventually, a resolution. Frameworks like IRAC echo this, setting the stage by establishing the issue and then mimicking the rising action through the rule and analysis sections before finally highlighting the conclusion.
Identifying and Framing Legal Issues Effectively
For legal writing to be purposeful, the central issues or themes of this communication must be clarified early on. This begins with identifying the document's purpose and the key facts of the case or situation in question. If multiple issues are in play, these may need to be prioritized to maintain focus and promote coherent arguments. Potential ambiguities should be identified and addressed to prevent misunderstandings and to keep the focus on the issue at hand.
Crafting Persuasive Language and Tone
In an effort to clarify legal issues and maintain an easy-to-follow structure, legal writing may sometimes feel dull or uninspired, even when a sense of passion drives written communication in the first place. Persuasive writing aims to keep the conviction of this communication front and center so that the core purpose of each memo or brief shines through.
Using Plain Language Without Losing Precision
As mentioned previously, legal writing involves striking a difficult balance between clarity and precision. It should not rely on legalese to convey complex concepts, but some terms may be too general or too casual, thereby failing to grasp the true meaning of the law or potentially sparking misinterpretations. This means selecting terms that are simple and to the point and, when legal terms are unavoidable, ensuring that these are clearly defined.
Word Choice That Conveys Confidence and Credibility
Legal writing should feel purposeful and assertive. This extends to not only verbs but also nouns and adjectives. Begin with selecting strong, action-oriented verbs. Known as the active voice, this helps eliminate ambiguity, as clarified by the following example:
“A complaint was filed” (vague, passive voice)
vs.
“The plaintiff filed a complaint.” (active voice)
The Role of Legal Authority in Argumentation
Legal authority underscores any effective legal argument, providing a sense of legitimacy by indicating that arguments do not merely reflect the writer's personal opinions. Rather, legal authority reveals how arguments are backed by court decisions, statutes and other widely recognized and respected sources.
Selecting the Most Persuasive Cases and Statutes
The quality of written passages matters little if these do not reference cases or statutes that are clearly relevant to the situation in question. Highlighted cases or statutes should clearly demonstrate core principles and be widely regarded as authoritative.
While primary authorities such as statutes and higher court rulings carry the most weight, persuasive authorities such as lower court decisions (or even third-party analyses of decisions) can prove impactful when additional perspectives are required.
Strategically Distinguishing or Applying Precedent
Legal precedent refers to previous judicial decisions that may be relevant to the case in question. These prior rules may help to establish the legal principles integral to arguments made in a particular document. When applying precedent, legal professionals aim to demonstrate that the facts of a particular case resemble those relevant to earlier cases — and, thus, legal principles from the previous case should remain relevant.
Citing Authority Accurately and Ethically
Ethical citations improve credibility in legal writing, not only substantiating claims but also conveying respect for legal authorities and institutions. Standardized citation formats maintain consistency so that readers can easily verify claims and access any referenced materials if desired. Thoroughly check every citation to confirm both formatting as well as accuracy surrounding section numbers, case names and other details.
Advanced Techniques for Persuasion in Legal Writing
The previously described structures and frameworks provide a solid basis for writing persuasively, but advanced techniques take this effort to the next level, extending the impact of an already well-crafted argument. Numerous rhetorical devices can appeal to the reader's emotions, but these must be selected strategically with the unique qualities of each audience in mind.
Using Analogy and Hypotheticals
Analogical reasoning draws comparisons between cases or principles, with the assumption that, when cases share similar facts, their outcomes will also look similar. This strategy involves clearly identifying shared facts and explaining why they should prompt a shared legal conclusion.
Theoretical scenarios known as hypotheticals can further illustrate key points and possible outcomes if the applications of various legal principles are put to the test. This may be useful for dealing with unknown sets of acts, in which analogies might be more difficult to develop. This strategy may also make otherwise dry legal writing more engaging. Use caution, however, as hypotheticals risk coming across as misleading or oversimplified.
Preemptively Addressing Counterarguments
Legal writing should be framed around potential counterarguments that can be addressed proactively without watering down the overall message of the brief or demand in question. This can convey intellectual honesty and even expose core weaknesses in opposing arguments. Those who successfully refute counterarguments may be perceived as more credible. This strategy should incorporate clear legal principles and a wealth of evidence, along with a balanced and respectful tone.
Common Mistakes in Legal Writing and How to Avoid Them
Even the most skilled legal writers are vulnerable to common mistakes that can emerge in response to complex legal issues or even challenges like tight deadlines. Ideally, writers will develop an eye for detail, quickly pinpointing mistakes when they occur and taking extra steps to resolve them.
Overcomplicating Arguments with Legalese or Redundancy
Legal writing may involve complex concepts, but through effective communication, these should become easier for the reader to understand. However, legalese actively prevents this by focusing on complex terms that readers outside of the legal profession may not be able to decode. This does not mean that all legal terms need to be abandoned entirely, but these should not be used in such abundance that they limit the readability of the document in question.
Failing to Tailor Arguments to the Intended Audience
There is no simple formula for legal writing. Yes, the right framework can provide guidance, but ultimately, each document or argument should feel as if it naturally reflects the audience in question. David Stratus refers to this as the golden rule of legal writing, explaining, "It is all about your audience...it is never about you." In other words, legal professionals should always focus on what the intended recipient will find clear or compelling, rather than worrying about what they themselves find persuasive.
Tailoring for the audience means considering whether readers may have any knowledge gaps and how these can be addressed. This is likely even among seemingly well-informed judicial audiences, which — even if knowledgeable regarding the practice area in question — will likely not yet understand the facts of the case in question.
Neglecting Grammar, Organization or Proper Citation
The most persuasive arguments will not be well-received if poorly organized or littered with spelling errors. This undermines credibility and can erode an otherwise effectively argued case by distracting readers from the potentially sound judgment contained within that argument. Such written submissions are similarly distracting, lacking the cohesive structure needed to guide the readers through complex arguments.
Citation is also critical, lending further credibility to the analysis. When this is lacking, the legal argument becomes open to challenges, which the attorney may struggle to defend. As a result, the entire written work may come across as unfounded and be vulnerable to rejection.
Writing for Different Legal Contexts
While many of the principles outlined above apply universally to legal writing, adaptations in tone or structure can be expected to reflect different situations or environments. For example, writing for litigation tends to come across as more adversarial, especially compared to drafting contracts (which tend to be far more concise and likely to promote mutual understanding while maintaining a strictly neutral tone). Below are several additional examples of context-dependent writing:
Persuasive Client Letters and Demand Letters
Writing for Internal Memos vs. External Advocacy
It's tempting to focus exclusively on the zealous and argumentative communication designed to persuade judges, opposing counsel or the public. However, internal writing is just as essential; this is how legal professionals share important information with colleagues. Well-crafted internal communication can form the basis for mutual understanding and keep vast teams of legal professionals working together effectively in pursuit of a common goal.
Compared to externally focused writing, internal memos are more likely to contain jargon — but they should still remain precise. With internal communication, there is some assumption that readers understand the basic context, while externally-focused writing may need to incorporate thorough explanations and a more persuasive tone.
The Revision Process: Strengthening Your Final Draft
A strong first draft will typically be followed by several rounds of revision to tighten up legal arguments and ensure that all crucial points are supported by evidence. Editing needs vary considerably based on the type of legal writing and the context in which it is drafted. (Internal memos, for example, are less likely to require extensive editing, but this may be expected for demand letters or court filings.)
Editing for Clarity, Flow and Coherence
The editing process may pinpoint repetitive phrasing or redundant arguments that can be removed for the sake of brevity. This should also determine the flow of the document — whether ideas progress logically and coherently so that all aspects support its main argument. If there is poor flow, certain sections of the written work may need to be restructured, with repetitive language removed and transitional phrases added to improve readability.
Peer Review and Getting Feedback from Colleagues
Do not assume that you can tackle the legal writing process entirely on your own. No matter how thoroughly you edit your work, some issues will not be evident until you seek other perspectives. This is where peer review comes into play. Colleagues, in particular, can provide powerful feedback. Be sure to return the favor! This could garner goodwill among fellow legal professionals and provide additional opportunities to strengthen your editing skills.
Using Writing Tools and Style Guides Effectively
Make the most of style guides and other resources that reveal how to cite statutes, format documents and avoid ambiguities. Guides like Bluebook offer helpful details for citing sources or following grammatical rules. Adhering to these recommendations can lead to polished documents, free of the errors or untraceable references that could undermine credibility in legal writing.
Honing Your Legal Writing Skills Over Time
Legal writing skills take time to develop. Master of Legal Studies (MLS) programs provide numerous opportunities to refine these skills, and — if you are intentional about improving your l— you could see drastic improvement in a few short months. This is best achieved through practice: writing and editing briefs, for example, or practicing writing exercises while taking a legal writing class. Options worth exploring include:
Reading Legal Opinions and Exemplary Briefs
Frequent reading is key to effective writing. Commit to examining sources of law and other forms of legal writing with a critical eye. Consider which arguments are most powerful, and reflect on whether you might approach these arguments differently if you were to draft a similar document.
Elevate Your Legal Writing With Drexel's Kline School of Law
We've covered several legal writing tips, but there is no singular secret to crafting compelling arguments; it all comes down to practice and, more importantly, targeted training. This is a priority at the Thomas R. Kline School of Law at Drexel University, instilling in students the qualities integral to persuasive legal writing.
Our Master of Legal Studies (MLS) provides the chance to practice effective professional communication in a legal context through core courses and electives that relate to preferred specializations. L. Get in touch today to learn more.
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