The best way to structure a piece is to write from top to bottom. Start by showing the reader what you are writing and why, and then provide the arguments to support your case. Use the legal writing tips above as a starting point. Remember to always be open and use constructive feedback and criticism. An example of the importance of using Standard English is in the insurance industry. For example, in the event of bad intent on the part of the insurer, the courts will rule in favour of the insured vis-à-vis the insurer if the insurer presents ambiguous or unclear policy wording. Not everyone is expected to understand the jargon of the legal system, especially when there is clearer and more common language to describe a situation. Consider the target audience of your legal document and write for them in plain language. Writing like any skill can be improved. If your skills need to be improved, read “How to Improve Writing Skills in 15 Easy Steps.” Your writing doesn`t have to be grammatically perfect.
But make sure you are understood by the person reading your letter. Use a dictionary or spell checker to avoid spelling mistakes. 7. Avoid using exceptions. If possible, specify a rule or category directly, rather than describing the rule or category by specifying its exceptions. DON`T SAY: All people, except those over the age of 18, must do so. SAY: Anyone under the age of 18 must do so. However, you can use an exception if it avoids a long and tedious list or detailed description. If you are using an exception, first specify the rule or category, and then specify the exception.
DON`T SAY: Alabama, Alaska,. and Wyoming (a list of 47 states) must ration. SAY: All states except Texas, New Mexico and Arizona must ration. (Note that the “each state” category is set first, and then exceptions are specified.) 8. Avoid divided infinitives. The shared infinitive offends many readers, so avoid it if you can. DON`T SAY: Make sure you respond to the invitation promptly. SAY: Make sure you respond to the invitation immediately. or SAY: Make sure you respond to the invitation immediately. 9. Use the singular noun instead of the plural noun. As far as your meaning allows, use a singular noun instead of a plural noun.
You avoid the problem of whether the rule applies separately to each member of a class or collectively to the class as a whole. DON`T: The security guard will issue security badges to employees working in buildings D and E. SAY: The security guard issues a security badge to every employee who works in Building D and every employee who works in Building E. Unless you mean that the safety officer issues a security pass to each employee who works in both Building D and Building E. (There are other possible meanings.) 10. Be consistent. Don`t use different words to mean the same things. Variation for the sake of variation has no place in the drafting of regulations.
Using a synonym instead of repeating the exact term you intend to use only confuses the reader. DON`T SAY: Every motor vehicle owner must register their car with the Automobile Department of the Metropolitan Police Department. SAY: Every car owner must register their car with the Automobile Department of the Metropolitan Police Department. Don`t use the same word to refer to different things. DON`T: The tank had a 200-gallon tank for fuel. SAY: The tank had a 200-gallon fuel tank. 11. Use a parallel structure. Arrange sentences so that parallel ideas seem parallel. This is important if you are using a list. Non-parallel structure: The duties of the Executive Secretary of the Management Committee are as follows: Copyright ©2015, Randall Hill, excerpt from Chapter 6, “Legal Research for Non-Lawyers”.
A dozen other valuable legal writing resources are revealed in Chapter 6. In addition to their role and relationship with you, think about the following: age, income and economic status, education level, values, and what they already know about what you write. This will help you determine your tone, style, and level of detail to include in your writing. Legal language is an English term first used in 1914[12] for legal writing that is very difficult for laymen to read and understand, implying that this absconnity is intentional to exclude legally untrained people and justify high fees. Legal language as a term has been adopted in other languages. [13] [14] Legal language is characterized by long sentences, numerous amending clauses, complex vocabulary, great abstraction and an insensitivity to the layman`s need to understand the essence of the document. Legal language is most common in legal writing, but appears in both types of legal analysis. Always remember that you can clean up your writing at the editing stage – you don`t need to make the formatting perfect the first time. If necessary, make an effort to use plain language in your legal writing while showing that you understand the jargon and can easily present it to the reader. Study Guides: Links to short thematic guides for commercial legal publishers, including case notes and question-and-answer study guides. The legal drafting process doesn`t stop when the piece is finished. One of the most common mistakes writers make is not budgeting for the editing phase – a thorough editing and editing process takes time.
Write shorter sentences in plain language. As you`ll see a little further down this list, it makes a difference to be clear when writing a successful legal document or brief. The attention span has shortened over time as the company has increased the use of TV, streaming services, apps, smartphones, and instant messaging. Using long phrases of old legalese no longer serves a positive purpose. Keep each of your ideas short and sweet. Steven Stark, author of Writing to Win, says that the more complex the material, the shorter the sentences should be. This also applies to the legal letter. In your initial design, focus on capturing the right information. Make sure that the information is complete and sufficient, and that the content flows from one section to another. Give yourself as many drafts as you need before your deadline. Also, give your writing some breathing space by pausing and returning to it with fresh eyes. What are the best legal writing tips that any lawyer and jurist could benefit from? Whether you`re a confident writer or not, legal writing is an important skill for any lawyer, regardless of the field you choose.