Legal writing skills are just as important for paralegals as they are for lawyers. Here are the main reasons why, as a future paralegal, you need to develop these skills:
- To effectively assist attorneys
- To ensure accuracy in legal documents
- To make sure all documents follow the law
- To strengthen the persuasiveness of legal arguments
You might be surprised, though, at how many paralegals find it tough to improve their writing to meet the high standards expected in the legal field. Legal writing is not just about putting words on paper; it’s about ensuring your message gets across in the best way possible.
In this post, we will give free advanced legal writing tips for paralegals to meet the legal field’s advanced standards.
Related:
- The Importance of Legal Citation: Mastering Bluebook and ALWD
- Writing Effective Legal Memoranda: Structure and Substance
- Essential Legal Research Techniques for Paralegals
- Ethical Issues in Digital and Remote Paralegal Work
Fundamentals of Legal Writing for Paralegals
Before diving into advanced legal writing tips for paralegals, it’s important to understand the basics first. Clear, concise, and precise writing is essential in legal work.
Clear, Concise, and Precise Writing
One of the best legal writing strategies for paralegals is to avoid unnecessary jargon and long sentences. It should be simple and direct.
Understanding the Purpose of Each Document
Each legal document has a different tone, structure, and level of detail. Familiarize yourself with the specific requirements for each type of document you work on.
The Importance of Legal Research
Good writing relies on thorough legal research. Ensure your research is accurate and up to date, as it forms the foundation of your writing and supports your arguments.
Organization and Structure in Legal Writing
Now that we’ve covered some foundational tips, let’s start talking about advanced legal writing tips for paralegals.
Here are important tips on how to improve legal writing as a paralegal:
Pay attention to the logical framework.
Legal documents are usually better when they follow a logical structure. For example, the IRAC method (Issue, Rule, Application, Conclusion) can be helpful if you’re writing a legal analysis. It’s a straightforward way to break down the key points in a logical order.
If you’re drafting something more persuasive, you might want to use CREAC (Conclusion, Rule, Explanation, Application, Conclusion). This method is the top legal document drafting technique for paralegals. It will help keep your argument clear and well-supported.
Utilize headings and subheadings for clarity.
One way to make a document easier to follow is to use headings and subheadings. This is a techique that breaks up the otherwise enormous content into digestible chunks while making it clear what each section is about.
Learn the paragraph structure best practices.
Each paragraph should have a clear topic sentence. That sentence tells the reader what the paragraph is about. After the topic sentence, support it with details or explanations. Keep your paragraphs short and to the point.
Make effective use of bullet points and lists.
Using bullet points and lists are among the best practices for legal writing in paralegal work. This is especially important if you need to present complex information. For example, a list of legal elements or steps in a procedure. They make the information more digestible.
Writing with Clarity and Precision
Next, let’s focus on making your writing as clear and precise as possible:
Avoiding Ambiguity
Legal language is meant to be precise. If a term could be misunderstood, don’t leave it up to the reader to figure out. The clearer your language, the less room there is for misinterpretation.
Eliminating Redundancy and Wordiness
Legal writing tends to get wordy—it’s almost like a rite of passage. You must cut through the fluff. Phrases like “at this point in time” or “due to the fact that” are usually unnecessary. Shorten them to “now” or “because.”
Keeping Sentences Short and Direct
Legal writing doesn’t have to be complicated. Use plain English when you can. Yes, maintain a professional tone, but you don’t need to sound like a robot to be taken seriously.
Prioritizing Grammar, Punctuation, and Formatting
Common grammar mistakes—like misplaced modifiers or comma splices—can create confusion, and punctuation is important, too. Using a semicolon or an em dash can completely change the meaning of a statement, so use them carefully.
Enhancing Persuasiveness in Legal Writing
Being persuasive is a big part of legal writing. We will next explore concise and persuasive legal writing tips:
Using Strong, Active Verbs
Instead of saying, “The contract was reviewed by the attorney,” say, “The attorney reviewed the contract.” Active verbs make your writing stronger and more direct.
Writing with Authority and Confidence
Avoid weak phrases like “it seems” or “maybe” that suggest uncertainty. Write with authority, and the reader will take your argument more seriously.
Balancing Objectivity and Persuasion
In some situations, you’ll need to be objective (for example, in a legal memo), while in others, you’ll need to persuade (like when writing an argument or brief). The key is knowing when to strike a balance.
Highlighting Logical Argumentation and Supporting Evidence
A strong argument isn’t just about how convincing your words are—it’s about how well you back them up. Cite case law, statutes, and precedents to support your points.
Adapting Legal Writing for Different Audiences
You’ll need to adjust your tone, structure, and language depending on who you’re talking to. Here are more tips on how to enhance professional legal writing skills for paralegals:
Writing for Attorneys
Keep it concise, focused, and well-organized. Attorneys often don’t have time for fluff, so get straight to the point.
Writing for Clients
Avoid jargon and legalese, and use plain language that’s easy to understand. Clients might not be familiar with legal terms, so it’s your job to break things down for them.
Writing for Courts
Court documents are formal and need to adhere to procedural rules. Make sure you follow the court’s formatting guidelines and keep your tone professional and objective.
Drafting for Opposing Counsel
When drafting for opposing counsel, be precise and professional. You don’t want to come across as too aggressive, but you do want to maintain your credibility and show that you’re serious about your position.
The Role of Citations and Legal Formatting
Citations are crucial in legal writing. They provide the foundation for your argument and give your document credibility.
Mastering Bluebook and APA Citations
Bluebook is considered the most commonly used citation style in legal writing, but in some cases, you might use APA. Know your citation style, and always ensure that your citations are correct.
Properly Formatting Court Documents
Every court has specific formatting rules, so be sure to double-check your margins, font style, line spacing, and numbering before you submit a document.
Checking Citation Accuracy
Incorrect citations can undermine your argument and even result in your document being dismissed. Always double-check your citations for accuracy.
Common Mistakes in Legal Writing and How to Avoid Them
Here are the most common legal writing mistakes and how to avoid them.
Using Passive Voice Instead of Active Voice
- Passive: “The motion was filed by the attorney.”
- Active: “The attorney filed the motion.”
Overuse of Legal Jargon
- Jargon: “Whereas the aforementioned party shall henceforth…”
- Simplified: “From this point forward, the party will…”
Lack of Consistency in Terminology
- Always use the same terms for legal concepts.
- Consistency is key.
Poor Organization of Arguments
- Make sure your arguments follow a logical flow.
- If your document feels like it’s all over the place, your reader will feel the same way.
Tools and Resources to Improve Legal Writing
Did you know that there are several tools and resources you can use when structuring legal documents for clarity and impact?
Legal Writing Software:
- Grammarly Premium & Hemingway Editor – For improving clarity and readability.
- BriefCatch – Tailored specifically for legal writing.
Legal Research Platforms:
- Westlaw, LexisNexis, and Casetext – For accurate case law citations.
Legal Writing Style Guides:
- The Redbook: A Manual on Legal Style (author Bryan A. Garner)
- Plain English for Lawyers (author: Richard C. Wydick)
Proofreading and Editing for Legal Documents
Lastly, here are a few advanced legal writing tips for paralegals for proofreading and editing legal documents:
- Review for clarity and accuracy. Read the document aloud to spot awkward phrasing or unclear sentences.
- Use checklists for legal writing. A step-by-step checklist helps catch errors in structure, tone, and citations.
- Do peer review and collaboration: Have another paralegal or attorney review your work to improve quality and ensure consistency.
Conclusion
Here’s a recap on the legal writing tone and style guidelines for paralegals:
- Strong legal writing requires clarity, organization, and precision.
- Paralegals should tailor writing for different audiences, from attorneys to clients.
- Paralegals should also master legal citations, persuasive techniques, and proper formatting to strengthen credibility.
Whether you’re drafting a contract, preparing a brief, or writing a memo, practice makes perfect. Keep honing your skills, and soon enough, you’ll be a legal writing pro.
