Are you a law student who finds yourself writing a lot? Blogs, legal articles, research papers, moot memorials, and whatnot? Do you find yourself questioning the importance of legal writing? Do you know the impact a quality write-up can bring to the community? Let us find out.
Lawyers, or any professional, should be very well-versed in their communication skills, with writing as one of the core skills.
Legal professionals write a lot, and making sense of their writing is essential. In this article, I will explain why good writing skills are necessary and how we can develop them by following the 7 Cs of Legal Writing.
You might wonder why good writing skills are emphasised so much. Is it not enough to be able to think clearly? –
4 Good Reasons Why You Should Write Well
- Because your reputation is on the line! In this age of the internet, your publication will always be easily accessible to your peers, teachers, prospective clients, prospective employers, etc. Who knows, even Supreme Court judges might read your article someday! Writing well will ensure that you are recognised as a competent lawyer.
- Because the stakes are high! You don’t want to violate a writ petition or a high-stakes commercial contract. Your diligence and competence as a lawyer are scrutinised when the stakes are high. The mere use of punctuation can hugely change the meaning of a sentence! You do not want to make your client lose money or reputation – or worse, her rights – because you didn’t pay enough attention to the draft.
- For growth! Logical reasoning is perhaps one of the most essential abilities that lawyers and researchers must possess. Learning to express your thoughts in writing helps you gain clarity of thought and enables you to reason better.
- For satisfaction! Doing things well in itself brings immense satisfaction. Write well to experience the satisfaction of being an excellent and reliable lawyer.
Developing a Good Writing Style
To write well, you must read well. Reading good articles is a highly effective way to learn writing skills. As they say, why should we re-invent the wheel?
It would be best if you didn’t make grammatical, spelling, or vocabulary errors in whatever writing style you develop. Professionally, it looks shabby. Improve your language skills continuously, and don’t be easy on yourself while checking your work!
Having someone (e.g., a friend) review your draft and give comments or suggestions is a good idea. One should not hesitate to seek this help, especially if one is not an expert in the language one is writing in.
All good communication has seven qualities, often called the Seven C’s of Communication: correct, clear, complete, concrete, concise, considerate, and courteous.
These are discussed below. While reading about them, remember that practice is the key to teaching these qualities. The more you practice writing with the 7 C’s in mind, the better you will get at it.
The First C’: Correct
As a lawyer, your writing must always be 100% accurate. Your writing is valuable only if it is reliable and correct. Whether you are writing a case brief, a legal opinion, a moot court memorial, or a research paper, carefully verify your statements before publishing them!
If it is impossible to confirm your statement beyond a point, and if you are doubtful about its veracity, say so. Make it clear to your reader that you are assuming some facts without being sure about their validity. Be transparent and open to being corrected in the future.
The Second C’: Clear
Converting your thoughts is essential in all communication, but it is particularly important for lawyers. Indeed, it is one of the most critical lawyering skills. And while it is easy to understand, it is challenging to implement. Being precise is a rare skill!
- Use simple words. It would be best to express your idea in the most straightforward words. Lawyers often tend to use complex words while speaking or writing. Even you might feel the urge to sound complex to impress your audience someday.
Please don’t do it! It just makes your writing difficult to understand. Note: “Simple” does not mean “simplistic”. Don’t be simplistic. If the idea is complex, explain its nuances thoroughly. Albert Einstein is often quoted as saying: “Everything should be made as simple as possible, but no simpler.”
- Use pointers and short sentences. Three quick and simple sentences are likely to convey the meaning better than one long and complicated sentence. Bullets and numbered lists also help convey the idea more clearly.
- Use active voice. Using passive voice often pushes the main subject of your idea to the very end of the sentence, meaning the reader doesn’t know the subject until she reaches the end.
The Third’ C’: Complete
Completeness is a prerequisite for clarity. The audience will not understand your point if you don’t wholly state your facts or arguments. But what does it mean to be complete?
Lawyers deal with legal “tests” and “requirements” all the time, so we often have to tick everything on the checklist. It doesn’t matter whether you’re participating in a moot court competition, giving a legal opinion, or performing due diligence in a corporate law firm. There will always be a list of things to be checked or proved.
The Fourth’ C’: Concrete
Once your argument is complete, you must support it with relevant authorities. Whether you are relying on a statute, a judgment, an international convention, or a scholarly article, you must cite it. Therefore, good research skills are necessary to produce a concrete argument. Determining to research is even more required until you find an authority to support your point.
The Fifth’ C’: Concise
Being brief without compromising clarity, completeness, and concreteness is an art. A good lawyer knows this art. As William Shakespeare said, “brevity is the soul of the wit.” There are many ways to reduce the number of words you use. Here are some tips:
- Use abbreviations. They can vastly reduce the number of words in your text, making it more transparent and readable.
- But don’t use too many abbreviations! A sentence complete with abbreviations might look cryptic.
- Don’t use five words when two are enough. Sometimes, one word can replace multiple words.
- Avoid using ‘filler’ words. We often write useless ‘filler’ words. Being brief doesn’t mean removing important information from your writing. Your writing must be concrete, complete, and clear – within those bounds, be concise.
The Sixth’ C’: Considerate
A good writer always considers their audience. The words you choose must be carefully tailored to suit your audience. If your audience comprises lawyers, feel free to use legal terms—in fact, you should use them if they make your ideas more transparent to your legally trained audience. But using the exact words would be counterproductive if your audience comprises non-lawyers.
Also, remember that English is not the first language for most Indians. So, many of your readers will not have the vocabulary you do. Keep your language simple. Be accessible to as many as possible!
The Seventh’ C’: Courteous
This one is pretty simple. Be polite in your writing and respect the opinions & beliefs of your audience while engaging with them. As far as possible, avoid offensive language.
Overall, writing well is essential, and good writers are valued and trusted.
There is so much more you can do with good writing skills. Would you like to explore further?
Are you interested in learning the nuances of Legal Research and Writing in minute detail? Do you want to become an effective and valued writer? Look no further than the Legal Research and Writing Course by LLS!
Every professional, academician, law student, and legal professional needs strong research and writing skills. LLS’s course on Legal Writing and Research not only teaches these skills but also promises practical experience!
LLS is offering a legal research and writing course that covers various aspects of legal writing and research, including legal analysis, citation, and effective writing techniques.
How the course will help you?
Legal research and writing are core skills that all legal professionals require. They cannot be replaced.
Corporate lawyers, litigators, academicians, judges…everyone has to be a quality researcher and writer!
The knowledge and skills you learn from the course will help you:
- Develop excellent research and writing skills. Know how to start, how to choose a topic
- Write excellent, publishable research papers that improve your ‘self’ and your ‘CV’
- Write prize-winning moot court memorials, quality research papers
- Draft high-quality legal opinions as a lawyer
- Go about footnoting, endnoting, and referencing like a pro
- Learn about editing your piece and presenting it in conferences, seminars
- Learn the fundamental practical aspects of tools like SCCOnline, Manupatra
