Legal Writing Ability
Legal writing is one of the most important skills in a law student’s toolkit. According to Harvard Law School, writing is part and parcel to nearly every legal job. "Whether you’re preparing for the bar or your first year of practice, legal writing is involved in virtually every undertaking." In fact, at least 80% of the American Bar Association’s Model Rules of Professional Conduct encourages or enforces some form of written communication, and the majority of its detailed rules are exclusively about legal documentation and communication . These are some common areas of legal communication that require writing:
When legal professionals are strong communicators, they are able to contribute more than those who have not developed their legal writing skills to the same level. Legal writing skills allow students to develop the ability to critically analyze and communicate legal principles, principles that are essential to understanding and working in law. Taking the time to learn and practice your legal writing will help you immensely, both in law school and in your professional life.
What To Evaluate In A Legal Writing Textbook
While the market can be crowded, looking at the key features to a legal writing textbook is important. First, clarity is key. If a legal writing textbook is not clearly written, it is going to be rough to follow. Make sure to get a sense of this by reading some reviews and taking a look at some excerpts before you buy it. You will certainly find a legal writing textbook that is a good fit for you.
Another important feature is examples. Legal writing is often tricky and can be hard to grasp when first starting. The inclusion of clear examples of what the textbook is discussing is important and can be incredibly helpful. In addition, most civil procedure textbooks are going to be dense and often, you will have to really think about dense subject matter. It is important for textbooks to include examples to ensure that you are off to a good start. While it is not going to be easy, the more practice you get under your belt the more comfortable you will be.
Another important feature to explore is if the textbook includes exercises. This is really essential if you hope to get as much from it as possible. Exercises are important because they force you to practice and to understand what you did wrong. Practice is so important. While somewhat time-consuming, it is very important.
Best Legal Writing Textbooks
The following is a hand-picked list of legal writing textbooks that are commonly referenced being "must haves" for drafting motions, pleadings, briefs and other such documents. This could be a valuable addition to your law library for your future reference and review.
The Redbook: A Manual on Legal Style
By
Bryan A. Garner
This is considered the blue-print for an effective legal writing guide. While the book is somewhat dated- having been first published in 2002- it has recently experienced a re-birth because the author of this legal writing guide is none other than Bryan A. Garner, editor of Black’s Law Dictionary, author of many other law books focusing on writing, and founding president of the Legal Writing Institute.
The New Columbia Guide to Digital Literacy
By
Deanna Mascle
Originally designed as an introductory course in digital literacy for Columbia University students, this practical guide addresses the challenge of effective online communication by targeting the three key steps to success: thinking, writing, and research. The book’s emphasis on strategic approaches to the writing process, which include analysis of audience needs and careful planning, will help students make informed decisions before they type a word.
Legal Writing in Plain English, Second Edition, with Examples and Explanations
By
Mary Barnard Ray
For this revised edition of her classic book, Mary Barnard Ray has updated examples and explanations and added a new chapter on writing for the Web. The revised Legal Writing in Plain English reflects extensive changes in legal practice and language and helps readers develop critical techniques for producing clear, persuasive letters, motions, complaints, and briefs.
Legal Writing: Getting It Right and Getting It Written
By
Theodore F. Tsiuplakis
Highly recommended by Law Reviews and professors. This book also includes various checklists.
A Lawyer Writes: A Guide to Writing in Plain English
By
Barbara L. Jones
Written with the lay reader in mind, this book provides a good start for those who are new to legal writing. A critical aspect of this textbook is that it contains mini quizzes and many examples.
Utilizing A Legal Writing Textbook
Using a legal writing textbook effectively can be an invaluable aid in mastering the art of persuasion. Setting goals is the first step – choose new writing skills that you want to master by the end of the semester. The textbook will often have exercises throughout each chapter, which will help you reinforce skills as you learn them . You will also write a substantial written assignment, usually a brief: refer back to the textbook periodically as you write each section. There is no better learning tool than reviewing your rough draft with the textbook, checking it against the text and bleeding red ink as you improve your writing. Finally, seek feedback from professors! Ask them which parts of the class they are happiest with and how you can improve.
Supplementary Legal Writing Materials
As beneficial as a legal writing textbook can be, there are often a host of other supplemental resources that can aid in mastering this essential skill. Thanks to the digital age, almost all of these now come equipped with online tools.
Online Courses: While online learning is still relatively new, various law schools also offer free resources such as online courses and podcasts that instruct students in legal writing. More established resources include the Scholarship Repository & Resource Center for Legal Writing Programs and the Institute for Law Teaching and Learning. The latter also offers Legal Writing Workshops, which take place in various locations across the country. These four- to six-day workshops focus on faculty development and teaching techniques, but newer courses cover specific writing skills as well.
Writing Groups: There are many forums where legal writers share resources such as articles and textbooks, including a Legal Writing listserv, Facebook page and LinkedIn group. The purpose of each is similar, offering an online environment for legal writers — whether they teach it or simply practice the skill — to connect with one another. A style guide in book form, The Bluebook: A Uniform System of Citation, is also available online.
Workshops: Some colleges and universities offer workshops on different aspects of legal writing throughout the year. While these may not be located close to you, attending one of these often provides great networking opportunities with faculty and members of the legal writing community.
How To Keep Current In Legal Writing
To stay on the cutting edge of legal writing trends, it’s essential to tap into a few key resources. One method is to regularly read the articles in journals that cover the latest legal writing developments. Some of the most popular journals and organizations include the National Conference of Law Reviews, the American Association of Law Libraries, the American Bar Association, and the Association of American Law Schools.
Joining an organization like the American Bar Association, where there is a subsection dedicated to legal writing and drafting, can also be helpful. The association publishes articles like "Lawyerly Copy Editing: Tips for Working with Intelligent and Occasionally Unpredictable Lawyers , " which highlights the challenges editors face when dealing with lawyers’ sometimes unconventional writing styles.
Another useful tip is to subscribe to the Journal of Legal Writing. While many law reviews call their articles "notes" or "comments," the Journal of Legal Writing publishes articles on legal writing techniques. For example, you might find an article on how to brief a case in less than two pages.
If you want to take it a step further, consider taking online courses through platforms like CAE or Coursera. You can even purchase a book on legal writing styles online, such as The Redbook: A Manual on Legal Style by Garner. LinkedIn also allows you to research popular legal writing groups and blogs, which can help you keep up with general trends.
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