Writing advice for lawyers from nonlawyers

From just about the second that we begin legislation faculty, we get recommendation on learn how to be higher writers. Most of it’s from legal professionals (or ex-lawyers). That’s high-quality to begin. Authorized writing is a style and has distinctive issues that you need to grasp, if solely as a result of courts demand it, like The Bluebook.

However if you wish to get even higher at authorized writing, keep in mind that good prose is sweet prose. There’s a purpose why one frequent piece of recommendation to legal professionals is to cease making an attempt to sound like a lawyer. And legal professionals—even litigators—do a whole lot of writing that isn’t for courts. We write for our colleagues, opposing counsel and busy purchasers.

In these contexts, stilted authorized writing is even worse. The paradoxical answer on learn how to enhance your authorized writing is to take a step again and give attention to being a greater author, not merely a greater authorized author.

With that in thoughts, listed here are a couple of of my favourite works on writing which, although not written for legal professionals, most legal professionals would discover useful.

1. George Orwell, Politics and the English Language

The identical staleness and vagueness that bedeviled George Orwell in political writing additionally ruins authorized writing. Orwell’s recommendation, notably on phrase alternative, stays among the finest methods to consider learn how to write.

2. Christopher Lasch, Plain Model: A Information to Written English

An unforgiving, humorous and well-reasoned method to writing, with acute takes on sentence-level construction. Christopher Lasch additionally features a part, “Traits of Unhealthy Writing,” which by itself would make his work useful resource. That part is especially useful for anybody who, like me, acquired annoyed with the legislation faculty pedagogy the place one thing by former U.S. Supreme Court docket Justice Robert Jackson can be put in entrance of you, and also you’d be instructed to “write extra like that.”

3. James Baldwin, If Black English Isn’t a Language, Then Inform Me, What Is?

I do know I simply made enjoyable of the instructing model wherein somebody suggests that you simply attempt to copy the greats with out every other course. However in case you can’t study one thing from the best American essayist, I don’t know what to inform you. Take an particularly arduous have a look at how clearly James Baldwin frames the argument on this essay, regardless of the interdisciplinary breadth of his topic.

4. Virginia Woolf, A Letter to a Younger Poet

Virginia Woolf has two items of recommendation that each one legal professionals ought to take heed to. First, you need to write so much, even on work that can by no means be printed (or filed). Like every ability, you need to get reps in to get higher at it. Even higher: Spend a while reflecting on what you’ve written. Look again at outdated briefs and letters. It may be humbling, however it’s value it. Second, “it’s not possible to learn an excessive amount of.” If you wish to be a greater author, learn as a lot and as broadly as you’ll be able to. Spend the time to consider what you discovered efficient or ineffective.

5. Stephen Jay Gould, Why No One Hits .400 Anymore

One of many key jobs you could have as a authorized author is to convey advanced concepts to audiences who know much less in regards to the matter than you. This essay is likely one of the greatest examples of that I’ve ever discovered.

6. Mignon Fogarty, Grammar Lady’s Fast and Soiled Suggestions for Higher Writing

There are lots of books on grammar, however for legal professionals with not a lot time and a powerful urge to know why guidelines exist, this is likely one of the greatest assets on the market. It explains the foundations, the explanation and the historical past behind them—and when you’ll be able to take into account breaking them.

I’m positive I’ve not noted some nice works. However the level stays the identical: If you wish to be a greater authorized author, be a greater author. Studying from writers who would by no means even consider utilizing the phrases “pursuant” or “heretofore” not solely makes you a extra convincing advocate however helps you unlearn a few of the unhealthy habits legal professionals have handed on to you.

Based mostly in San Francisco and New York, Crowell & Moring counsel Joachim B. Steinberg helps purchasers on business, know-how and mental property litigation from coast to coast. Steinberg has expertise throughout a number of industries, together with software program, aeronautics, video video games and startups. He additionally has expertise throughout fields of legislation, together with trademark, copyright, commerce secrets and techniques, antitrust and privateness.

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