LEGAL WRITING - GUIDELINES

1. Follow the basic principle that if a document has to be explained to a client, it needs to be rewritten and clarified. Documents should not be written so only lawyers can understand them.

2. Use the active voice. Subject - verb -object (ie. The landlord will repair all appliances).

The passive voice (ie. All appliances will be repaired by the landlord) should be avoided.

The active voice is direct and avoids confusion, especially when the subject has been omitted.

AAll members will receive a copy of the bylaws@ doesn=t say who will distribute the copies to the members.

3. Avoid changing verbs to nouns. For example, AThe tenant must make a payment of the rent@ uses the noun Apayment@ instead of the verb Apay.@ Be more direct and use the verb instead, ie. AThe tenant must pay the rent.@

4. Keep your sentences short. Long, complex sentences filled with commas are often difficult to read and understand. Break long sentences up into shorter ones that have a single pint.

Don=t get carried away with this (ie. ASee Spot run.@). Mix short and medium sentences.

Shorter sentences allow you to avoid grammatical mistakes as well.

5. Omit unnecessary words and jargon or slang. Use common words instead of legalese.

For example, instead of Ahenceforward,@ use Afrom now on.@ Avoid phrases when a single word will do (ie. ABecause@ instead of Afor the reason that@).

6. Think positive. It makes the sentence shorter and easier to understand. Instead of listing all those persons who may not occupy a dwelling, state who may occupy it. APersons other than those who have signed the lease may not occupy@ is negative. Instead, say AOnly those who have signed the lease may occupy.@

7. Be consistent. Don=t vary your description of the same thing to make your writing more interesting. While appropriate elsewhere, this is not a good idea in legal writing. It causes confusion. If you describe what you are selling as a A56 Chevy@ and then later use the word Acar@ or Avehicle,@ the reader might think you were referring to another car. Use the same term throughout even though it might appear boring.

8. Limit paragraphs to one issue. Avoid long paragraphs. They terrify the reader and often include many issues. Focus on only one issue per paragraph. This also allows you to use informative headings when appropriate.

9. Apply parallel structure. When you have a series of similar items or thoughts, use the same grammatical construction for each. This will help the reader see the similarity between the items.

For example, instead of describing the president=s duties as Aacting as chairperson at meetings, to sign all association contracts, and appoint committee members,@ sue the same verb form for each,

say Aacting as chairperson at meetings, signing all association contracts and appointing committee members.@

10. Speak directly to the reader. This applies when sending documents that provide clients with information. Use the personal pronoun Ayou.@ This directly involves the reader. Instead of saying AA person who wants a lease agreement must provide the following information,@ say AYou must give us the following information.@ Use the Awe@ or Aus@ to refer to your firm.

11. Follow a question and answer format. If you are writing a document to provide information to your client about a procedure or area of law, a question and answer format will make the document easier to read.

Use headings in the form of a question followed by text in paragraph form with the answer. This is similar to FAQ=s you find in computer software to help the reader understand the system.

12. Take advantage of lists. If you have a number of items related to a subject, don=t create a run-on sentence full of commas. Use a list. They are easy to read and are useful as a checklist for the reader.

13. Design your document. Don=t just create single-spaced, long paragraphs. They are intimidating. Use white space to set the text into visually manageable units.

Use double spaces between headings and text and between paragraphs.

Create a table of contents for long documents.

If you want to emphasize words in the text, use bold, not all capitals.

Underline (or italicize) all Latin phrases.

14. Rewrite boilerplates. These are form samples. They are often long and hard to understand.

They could be simplified dramatically. Be sure your employer goes along with this!

15. Answer those questions which normally will occur to the reader first These include who you are, what this is all about, what you want and why it matters.

Judges and lawyers deal with many different problems every day. They need to understand where you are coming from quickly. Set the framework early so they can program their minds to what you are talking about.

Always include what you want from them - what, if anything, needs to be done. Don=t just present a problem without a suggested solution.

When formulating a legal argument, lead with the issue itself, ie. This case involves the lack of Miranda warnings being given to a driver during a traffic stop.@

16. Get directly to the point. Don=t build up gradually to the point you are going to make. The reader may lose interest before he gets there.

17. Avoid the use of adjectives when possible. They are subjective opinions which can imply doubts. Rather than saying it was cold day, give the temperature.

18. When in doubt, quote, don=t paraphrase. That assures accuracy. But don=t create an argument by merely stringing a groups of quotes together from court cases. Show how the quote fits into your argument. Don=t just leave the quote hanging and hope the reader understands its significance.

19. Address every subsidiary question that occurs to you. Do this even if you have rejected its applicability to your position. The reader might be wondering why it was not addressed.

20. Clearly identify your sources. The reader will not be as familiar with the material as you are. And it is required in many legal documents. If a court case can be found in three different publications, give them all.

21. Use the full name of an entity before resorting to abbreviations. You could include Ahereinafter referred to as...@

22. Avoid confusion between the ordinary meaning of a word and its specialized meaning in the legal context. For example, a Achild@ in Virginia is anyone under 18. They are also referred to as Ainfants.@

23. Avoid sarcasm, ridicule and insults. They are unprofessional, and besides, they don=t work.

They only invite sympathy for the other side. Attack the position, not the person.

24. When responding to an opposition argument, respond to all the points made, even the trivial ones. They might not seem so trivial to the reader. And you may expose the opposition as someone who is not to be taken seriously on some of the other points he is raising.