Legal writing is a distinct skill that differs from other academic disciplines. The best legal writers combine precision with clarity — they say exactly what they mean in as few words as possible.
1. Use Short, Direct Sentences
Long, convoluted sentences are the hallmark of poor legal writing. If a sentence exceeds 25 words, consider splitting it. Compare:
- Weak: "It is submitted that, taking into account all of the relevant circumstances of the case, the court ought to have regard to the fact that the defendant's conduct was such that it could reasonably be said to have fallen below the standard expected."
- Strong: "The defendant's conduct fell below the reasonable standard of care. The court should find a breach of duty."
2. Prefer Active Voice
Active voice is more direct and authoritative. Write "The court held that..." rather than "It was held by the court that...". Passive voice has its place — particularly when the actor is unknown or unimportant — but should not be the default.
3. Avoid Unnecessary Legalese
Terms like "hereinafter", "aforementioned", and "notwithstanding the foregoing" add nothing. Use them only when they have a precise legal meaning that cannot be expressed more simply.
4. One Idea Per Paragraph
Each paragraph should make one clear point, supported by authority. The first sentence should signal what the paragraph is about. If you find yourself making multiple points, split the paragraph.
5. Use Signposting Language
Guide the reader through your argument with clear transitions: "First...", "However...", "This principle is qualified by...", "Turning to the second issue...". Signposting helps examiners follow your reasoning.
6. Read Your Work Aloud
If a sentence sounds awkward when spoken, it will read awkwardly too. Reading aloud is the single most effective proofreading technique for legal writing.
7. Study Judicial Writing
The best way to improve your legal writing is to read excellent examples. Lord Bingham, Lady Hale, and Lord Denning are renowned for their clarity. Study how they structure judgments and express complex ideas simply.