What is Excellent Legal Writing?

by Jeff Keiser, JD, November 2020.

One of the questions I get the most is what separates good legal writing from excellent legal writing, and my answer is necessarily vague. Akin to U.S. Supreme Court Justice Potter Stewart’s definition of pornography (“I know it when I see it.”), what makes legal writing truly excellent is different for every writer and audience. In my classes, I always encourage students to find their own voice in their legal writing. It’s important to differentiate yourself from everyone else, and it gives your writing a pop that it wouldn’t have otherwise.

Audience

Excellent legal writing is any writing that clearly and concisely conveys the message to the intended audience. That audience is important, and one of our key lessons is to always know and evaluate your audience when you write, because it does not matter in any way if you, the author, think that your writing is excellent. The only impression that matters is your audience, so excellent legal writing always starts with the audience in mind and is always crafted to give the audience what they need.

Clarity

It’s a common assumption and fallacy that complex “lawyerish” must be used at all times to make your writing succeed. But that is simply untrue. The goal is clarity. Sometimes, that goal requires some complex legal terms and language, but most of the time, it doesn’t, and everyone would be better served using plain English and simple words to convey the intended message. We do love to show off just how smart we are though, and we love to use complex lawyer words to do just that. Remember, it doesn’t matter how smart you are if your audience doesn’t fully understand your message.

Length

One of the biggest problems I see in legal writing comes from the document being either too long (repetitive, confusing) or too short (incomplete), and this balancing act between these polar extremes is the most challenging part of legal English. I have had students ask me “How long should a legal email be?” or “How many pages should a good memo be?” and the answer is always the same: “It should be exactly as long as it needs to be, no more and no less.” Part of the reason they pay us the big bucks to be lawyers is to make these decisions, no matter how hard they are.

Revision

This takes practice, even for experienced litigators like me. My revision schedule is heavier than my writing, and I always focus on the editing process to ensure my message is appropriate and complete. Cutting unnecessary words and phrases is the mark of a lawyer that is making their writing excellent. But so is the judgment needed to make these editing decisions. Legal writing takes guts and courage and finding your own voice in the realm of legal English writing takes constant practice.

Want a free writing lesson with Jeff? Come visit his Legal Writing Lunch Drop-In Sessions: https://legalwriting.eu/product/drop-in-legal-english-lunch/