Proficiency in writing is indispensable to the legal profession. Compared to other professionals, legal practitioners are required to engage in extensive written communication. While writing is an acquired skill, a lawyer’s professional viability is contingent upon possessing proficient drafting abilities.
Effective legal writing is not merely confined to the construction of grammatically perfect sentences with proper spelling and punctuation; it is a more comprehensive discipline. Systematic learning, strategic planning, and tenacity in mastering its conventions can elevate one’s writing to a professional standard.
Writing is a creative art in which craft plays a significant role. Craft and creativity are two inseparable components of effective writing, and superior work consistently rests upon a foundation of both.
The craft of writing can be acquired through diligent effort. Creativity, however, is often an innate quality that can only be refined to a limited extent, as it is more closely related to one’s inherent abilities and is not amenable to significant improvement through practice alone.
Craft constitutes the conscious application of rules and techniques in writing, whereas creativity is the intuitive element. Both must be strategically combined to achieve optimal results.
The Structured Process of Writing
Writing is a structured, multi-stage process, progressing from ideation and research to drafting, revision, and further refinement. Before commencing an essay or a legal instrument, one must establish its primary objective.
The objective of a piece of writing—whether to inform, persuade, explain, or entertain—will define its scope, structure, and tone.
The Logical Arrangement of Ideas
Every written work, from an article to a petition or a legal deed, is an embodiment of ideas arranged in a logical sequence. It serves as a medium of communication between the author and the reader.
The initial step is the conception of a central idea. One should then contemplate the idea from various viewpoints and explore all its nuances from different angles to gain a comprehensive understanding.
Achieving Clarity in Writing
All written work demands precision in language and sentence construction. Clear thinking is a prerequisite for clear writing. Effective writing avoids clutter; therefore, each sentence should be edited to its essential components to eliminate redundant words.
To write well, one must develop a meticulous approach to vocabulary. Words are the foundational elements of any composition and must be used with care. To learn the appropriate use of words, it is advisable to read the works of celebrated authors.
The Importance of Regular Practice
Writing proficiency can be enhanced through regular reading. However, the most effective method for learning to write is to engage in the practice of writing consistently. There is no substitute for this practice. Writing styles are numerous and varied.
Overcoming Writer’s Block
When commencing the writing process, one may encounter writer’s block. Overcoming this impediment is often the most challenging aspect of writing. To surmount this obstacle, one must cultivate a passion for writing; an intense desire can overcome the initial inertia.
During the initial drafting stage, do not be preoccupied with grammatical correctness or logical sequence. The primary goal is to allow ideas to flow into sentences. These can be refined subsequently. After completing a preliminary draft that incorporates all intended ideas, read the text aloud from beginning to end. Then, perform a macro-edit to address any conceptual gaps. Correcting grammar and sentence structure should be reserved for later stages.
The Proper Use of Words
A dictionary should be consulted to ascertain a word’s definition. This also serves as a vocabulary-building exercise. Learning a word’s etymology and root will expand one’s lexicon.
In terms of word choice, an essential resource for a writer, other than a standard dictionary, is Fowler’s A Dictionary of Modern English Usage. It is an invaluable practical guide to English usage and style. The guidance offered in the book represents stylistic recommendations rather than immutable grammatical rules. A dictionary of synonyms, such as Roget’s Thesaurus, is also a vital tool for any writer, as it collates words of similar meaning.
Incorporating Rhythm into Writing
When constructing sentences, consider their auditory quality. Rhetorical devices such as rhythm and alliteration are vital to well-formed sentences. The cadence and resonance of words should be considered during sentence creation. Deliberate linguistic devices can be effective if contextually appropriate. A well-placed rhyme, subtle alliteration, or an occasional pun or paradox can enliven a piece of writing. However, the overuse of such devices is a risk, as is a linguistic device that is poorly executed. An ineffective pun is more detrimental than its absence.
Employing inverted word order can prevent monotony. Substituting words and varying sentence length can also invigorate the text.
Logical Cohesion of Sentences and Paragraphs
The first sentence of any piece is critical; it must compel the reader to continue. While there are no rigid rules for crafting an introductory sentence, it must effectively engage the reader.
The final sentence of each paragraph should serve as a logical transition to the subsequent paragraph, ensuring that all paragraphs are linked into a cohesive whole. Paragraphs should be kept concise, as the visual presentation of the text is also important.
Each paragraph must be a coherent unit, with sentences arranged sequentially to form a holistic piece. Ideas should flow logically from one to the next. Poor coherence will impede the reader’s comprehension.
Sentences and paragraphs must be designed cohesively so that ideas flow smoothly, allowing readers to follow the argument without difficulty. In addition to logical cohesion, rhetorical strategies should be employed to engage the reader.
Judicious Use of Modifiers
The verb provides the momentum in a sentence. Most adverbs and adjectives are superfluous and should be used sparingly. Connective words such as but and however are effective for indicating shifts in thought and should be used where necessary. Avoid overstatement. Paragraphs signal the organization of your thoughts to the reader, and each must possess thematic integrity. Diligent revision is necessary to make your writing clear and precise.
Rewriting as the Essence of Writing
The initial draft is seldom the final product. It must be rewritten several times to improve its quality. Indeed, rewriting is the essence of writing. Revise your draft as many times as is necessary.
Keep certain editing principles in mind during the rewriting process. Linking sentences with appropriate conjunctions (e.g., because, hence, as, therefore) can improve a text’s cohesion, logic, and sequence.
Connectors can be used to emphasize an idea (in addition, furthermore), contrast ideas (although, however), or show a cause-and-effect relationship (because, therefore). However, their overuse can detract from the writing style. Correct grammar and punctuation are also of paramount importance.
After redrafting the text, it is advisable to have another person review it and provide commentary. Based on the feedback received, redraft it again. If a second reader is unavailable, you may critically review your own draft by adopting the perspective of a reader and incorporating those critical insights into subsequent revisions.
The Micro-Editing Process
Once you are satisfied with the draft’s conceptual framework and sequencing, you may begin the process of micro-editing for grammar, punctuation, and further stylization. After micro-editing, set the draft aside for a few days and then re-read it with a fresh perspective. Re-edit the article with meticulous attention to detail to produce the final version. The final draft will be substantially different from and superior to the earlier versions.
Effective writing is contingent upon factors such as rhythm, the logical flow of ideas and sentences, the organization of material into paragraphs, and the arrangement of those paragraphs into a coherent composition.
The Importance of Omission
A writer must know what to omit. This can be a difficult task. The writer must possess a linguistic sensibility that can distinguish between a sentence that is awkward and one that is fluid. A writer with an ear for language will avoid trite phrases.
Writing composed of short, monosyllabic words tends to have greater longevity. A poorly constructed sentence can be interpreted in multiple ways, yielding no definitive meaning.
Clarity of thought is an essential element of legal writing. Each sentence must be a logical sequel to the preceding one, interconnected like the rails of a railway track, with no missing links.
Excising Redundant Words
When editing early drafts, one must be rigorous in excising all redundant words and phrases.
Avoid superfluous embellishments such as ornate adjectives, trite expressions, and flabby phrases. Be precise in your choice of words. Use only those words that are appropriate and do not opt for a longer word when a shorter one would suffice.
Clear writing is predicated on clear words and sentences. Choose concrete and dynamic words. Omit every needless word—this is a cardinal rule of writing. Avoid static words, circular constructions, pompous language, and meaningless jargon. The composition should conclude once all pertinent facts and arguments have been presented.
William Zinsser’s seminal work, On Writing Well, offers valuable insights and practical advice for writers.
Practice as the Sole Path to Proficiency
In summary, the most effective way to develop writing skills is through practice. While some individuals may begin with a greater innate aptitude, most writers, both novice and professional, will benefit from paying close attention to the craft of writing.
Diligent effort can substantially elevate the quality of any writer’s work. Solid craft results in good writing; a measure of creativity will make it great. Effective writing is a product of both talent and industry. A deficiency in the former can often be compensated for by an abundance of the latter.
Undoubtedly, tenacious practice is the only way to become a better writer.
Additional Reading
- On Writing Well: The Classic Guide to Writing Nonfiction by William Zinsser. New York, Harper Collins, 2006
- Style: Lessons in Clarity and Grace by Joseph M Williams & Joseph Bizup. Boston, Pearson, 2007
- The Lawyer’s Guide to Writing Well by Tom Goldstein & Jethro K Lieberman. Berkeley, University of California Press, 2002
