Many lawyers ask how they can write better and faster in legal English.
Keep these tips in mind when writing an email to writing a brief.
1. Use short sentences.
One thought = one sentence. Keep your average sentence length to about 20 words.
2. Use the active voice.
This not only makes the sentence shorter but also makes the sentence stronger. The passive voice makes writing more complicated and less clear.
Incorrect: The decision was made by the judge for the defendant to serve eleven years in prison.
Correct: The judge decided that the defendant must serve eleven years in prison.
3. Use plain language.
Avoid using jargon to sound like a lawyer.
Incorrect: As stated heretofore, the landlord’s conduct created, caused, and resulted in serious bodily harm and massive injuries, to wit: a broken and mangled left leg, lacerations to the aforementioned leg, and several broken digits on the foot attached to said leg, in witness whereof was the spouse of the injured party.
Correct: As stated, the landlord inflicted serious injuries on the tenant, including a broken left leg, lacerations to that leg, and several broken toes on the left foot. The altercation was witnessed by the tenant’s spouse.
These examples come from Kent Law. A good resource.
4. Remove meaningless words or phrases.
Incorrect: In the event that Mathilde goes to prison, then Joanne will be named guardian of her baby.
Correct: If Mathilde goes to jail, then Joanne will be named guardian of her baby.
5. Don’t overuse the comma.
Excessive commas cause information to become disconnected and can confuse the reader.
Incorrect: Janet was free, after spending two years in prison, and one year on probation, to get a job.
Correct: After spending two years in prison and one year on probation, Janet was free to get a job.
6. Don’t write numbers twice.
Why? It’s an outdated practice that makes it harder to read.
Incorrect: The term of the contract is ten (10) years beginning on August 3, 2023.
Correct: The term of the contract is ten years beginning on August 3, 2023.
7. Proofread and edit.
When you’ve finished writing, put your work down for a few days and then come back to it. Read it out loud to recognize mistakes.