Better Legal Writing Is Plain and Simple

by 4 people | Log in to rate

Ranked #991 in Business, #36,653 overall

There's no excuse for being a lousy writer. Legal language is used to record and explain the most important events in people's lives -- shouldn't it be understandable?

Here are some legal writing resources to help: blawgs (legal blogs) by qualified legal writing instructors, relevant lenses, books and just for fun, some t-shirts and mugs that promote good writing.

About legal writing

How can it be different?

Legal writing should be well organized (simple), grammatically correct, modern, and use everyday words (plain). And this is the style taught in law schools today.

Modernizing the archaic style lawyers learned through the ages and in law firms by rote is easy and with a little practice becomes habit.

If you are a lawyer, it is easy to learn if you have the desire. So go for it.

By the way, this iceberg graphic is from Anastasia who sometimes writes about legal writing at her blawg Lawsagna http://lawsagna.typepad.com/lawsagna/.

Why George Orwell's Ideas About Language Still Matter for Lawyers

Available at SSRN: http://ssrn.com/abstract=990624

article by
JUDITH D. FISCHER
University of Louisville -
Louis D. Brandeis School of Law
Montana Law Review, Vol. 68, p. 129, 2007

SSRN Electronic Paper Collection: Abstract:
This article examines George Orwell's theories about language and applies them to contemporary legal discourse in the United States. It concludes that Orwell's advice about the importance of clear, plain English comports with today's accepted legal writing style. However, his warnings about deceptive language in legal and political discourse have not been well heeded. The article suggests that lawyers can assume a role in changing that.

Online Resources in Modern Legal Writing

Plain Language Resource Center: National Center for State Courts provides a listing:
* Plain Language in the Judicial System
* Plain Language in Jury Proceedings
* Plain Language in Drafting Legal Documents
* Plain Language in General
Cheryl Stephens on Legal Communication: Legal communication is a client-service issue. I have gathered some of my articles here to give you a head start. These articles deal with day to day client communication and service -- not with legal drafting of dispositive documents.
PLAIN Legal Resources: Articles about legal writing in plain style by numerous authors who are members of the Plain Language Association International.
Lawyers for Literacy: Information about client difficulties with legalese and how to better serve those clients.
Plain Language -- the Original Site: Resources on writing in plain language
ABA Conference Materials 2004: "How Business Lawyers Should Write"
a pdf file, several authors
Scribes: The American Society of Legal Writers: This page offers you a look at the tables of contents of previous issues of The Scribes Journal of Legal Writing. The journal itself should be available in your local law library.
The Illinois Trial Practice Weblog: Six posts on legal writing
What About Clients? Blog: Advice from a practicing attorney:
December 19, 2005
Writing For Clients--Just Say It
by Dan Hull
His previous three posts do not add to this final one.
Eschew, Evade, and/or Eradicate Legalese: Prof. Eugene Volokh provides a chart of substitutions for legalese terms.

What exactly is legalese?

The Lens on Legalese: History, source, commentary

Need a plain language definition?

Plain English and Six Other Languages

Multilingual Legal Glossary: The glossary is hosted by the Vancouver Community College Certificate Program in Court Interpreting in Vancouver, Canada.

Building Rapport

the basis of effective communication

CafePress Store: Building Rapport: "Good Writing" product line at http://www.cafepress.com/buildingrapport/
Building Rapport Blog: advocating plain language, clear design, sensitivity to audience concerns, and civility

Legal Writing Blawgs

a carnival of legal writing blogs

Read the latest from the prominent commentators.

Legal Writing Blawgs: Be sure to come back...

Information Design Concerns

Clearly Displayed and Simply Laid-Out Info Is Needed

Basic Rules of Graphic Design: Suggestions for better text and document design addressing common problems for legal documents.

Legal Writing on Amazon

Practical Legal Writing for Legal Assistants

by: Celia Elwell, Robert Smith

Amazon Price: $105.15 (as of 12/08/2009)

Child's Drafting Legal Documents, 2d (American Casebook Series®)

by: Barbara Child

Amazon Price: $79.00 (as of 12/08/2009)