5.4 Five Key Skills for Legal Writing

(Distilled from the practical-skills literature — e.g., Costello & Kulbicki, "Practical English Language Skills for Lawyers".) 1. Audience-and-purpose awareness. Before writing, answer: Who reads this (judge, client, opponent, public)? What must they do/decide after reading? The answers set tone, structure and detail. A memo to a senior partner and a letter to a lay client differ in everything but accuracy. 2. Planning and structure. Outline first (IRAC for analysis — Legal Method, Unit 1; BLUF for correspondence; chronology-plus-issues for statements of facts). Structure is thought made visible; unplanned writing is unpractised thinking. 3. Clear expression (plain language). Short sentences, active voice, given-new ordering, consistent terminology, precise terms of art where needed (Units 2–4). Clarity is a courtesy to the court and a weapon of advocacy. 4. Authority and accuracy. Support every proposition with cited authority (statute section; case with full citation); verify quotations and dates; state law as it is, flagging uncertainty honestly ("The position is not settled; however…"). 5. Editing and proofreading. The professional discipline of the third draft. Cycle: (a) revise for structure — does the order persuade? (b) revise for paragraphs and sentences — one idea, active, short; (c) proofread for grammar, spelling, numbers, names, cross-references, and dates and amounts — the two errors that cost careers. Read the final version aloud or backwards (line by line)…