Presenting a Clear, Concise Legal Writing Style

• Author: Scott A. Hatch/Lisa Zimmer Hatch
• Profession: Founders of The Center for Legal Studies and developed their award-winning paralegal curriculum in 1980, offering it through 600 colleges nationwide
• Pages: 247-274

CHAPTER 16 Presenting a Clear, Concise Legal Writing Style 247

Chapter16

Presenting a Clear,

Concise Legal Writing

Style

Writing legal documents is one of the most important things you do as a

paralegal. Whether you’re composing a letter, drafting a document, or

writing a memo, you need to use a writing style that’s grammatically

correct and easily understood. Developing a good writing style requires practice,

study, and hard work. However, if you get a handle on some basic rules, you’ll be

well on the way to great legal writing!

Legal writing may use more technical terms and Latin phrases than other types of

writing, but legal writing shouldn’t be confusing and long-winded. Somewhere

legal writers have gotten the impression that big words and long sentences com-

municate importance and authority. In reality, big words and complicated sen-

tences obscure your message and confuse your readers. Good legal writing is like

good writing in general: clean, concise, and easily understood.

If your memos contain problems with grammar, punctuation, mechanics, or orga-

nization, you won’t communicate eectively and your research will go to waste.

This chapter focuses on showing you how to avoid the errors we’ve seen paralegal

students make most when they draft documents and prepare legal memos.

IN THIS CHAPTER

»

Structuring sentences eectively

»

Using great grammar and perfect

punctuation

»

Organizing your arguments

»

Avoiding writing troubles

248 PART 4 Identifying the Skills Paralegals Need to Soar

Corresponding Carefully

Everyone who works in the legal eld should understand the importance of com-

munication. Communication can establish and preserve rights, it can be used to

win an argument or reach an agreement, and it could even be used against your

client as evidence in court. These are ample reasons for you to focus on careful

correspondence.

As a paralegal you’re working with a legal team on behalf of a client. As part of the

legal team, you have to communicate in a way that eectively advocates the rights

of your client. You must make sure that your communications never harm your

client or your employer. Much of your communication will be written: documents,

pleadings, letters, email, and, in some cases, text.

Written communication has permanence that verbal communication lacks. Any

grammar mistakes that Shakespeare made in his plays and poems written

400 years ago are preserved today! Don’t let that scare you too much — your

letters and emails are unlikely to be read by students in the 25th century. However,

the things you write and the way that you write them will be preserved.

Now that you understand the importance of written communication to your par-

alegal career, we want to focus on two forms of written communication that are

often overlooked: letters and email.

Letters that impact

Great legal letters are written with a purpose in mind. Ask yourself, “What is the

objective of this letter?” Letters should begin with an outline and end with

proofreading.

But having a purpose in mind doesn’t mean that you can’t be cordial. Even a sen-

tence or two of “small talk” can show your audience that your rm is concerned

about more than just bringing in business. This is especially true in communicat-

ing with long-standing clients or business associates. Be sure to remain profes-

sional in all your communications, even with colleagues that you consider friends.

You never know who may eventually read your letters.

Anything that you send on your employer’s letterhead represents your employer

and your clients. Be professional in your letters and never emotional. Even if

you’re replying to a letter that is angry or rude, you still must be professional in

your reply. You should also never write anything in a letter that compromises the

position of your client or can be used against your client or rm in court. The rule

is: When in doubt have your supervisor or a trusted colleague review the letter

before you mail it. A minute of review can spare you a lot of regret!