For some lawyers, legal writing comes naturally. For others, it is a process learned and improved over time. Regardless of where you stand, legal writing can always be refined and enhanced because effective legal writing is at the core of what we do as lawyers. As a midlevel associate at a large law firm, I spend most of my time writing or reading the work of others, and I have noticed that new attorneys make several common mistakes. By avoiding them, you can quickly improve your work product.

Using Legalese and a Passive Voice

Remember the goal for any form of legal writing: advocating for your client. Your writing should get your point across clearly and succinctly without leaving the reader confused. This is true for clients, opposing counsel, judges and court staff alike. Legalese is convoluted and often forces a reader to reread sentences, paragraphs or sections to understand your point. This is confusing, time-consuming, and causes the reader to lose focus on your core legal arguments. Similarly, when you use passive voice, you burden the reader with identifying the actor in the sentence, again making the reader lose focus. Plain language and active voice make sentences clearer and easier to follow. Use this strategy both in the main body as well as parentheticals explaining your legal citations. Always review sections of your legal work for revision opportunities. Have others read your work and provide you feedback on the clarity of your writing. Find a trusted mentor or coworker to help with this process, regardless of the audience for your completed work product.

Overreliance on Forms