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Editor's Column

Writing Effectively and Efficiently
By:  Jenny Smith

Over the last year, I have become far more experimental in my legal writing—including charts and graphs, pictures where necessary, and working to make my writing as concise as possible, knowing that a court does not have time to read a treatise on any particular case.  While I have deviated from some of the strict rules of legal writing we all learned in law school, this process has been freeing, making the writing process more creative and fun.  At the same time, this strategic, concise approach to writing results in a better work product, and generally, better advocacy.

As Blaise Pascal aptly observed, “I would have written a shorter letter, but I did not have the time.”  It can take time to draft effective briefs, motions, and other legal writing that are short and to the point.  But taking the time to write that shorter brief, motion, or legal memorandum that effectively encapsulates the relevant legal issues will provide better service to your clients.

As I have been going through this process of strategically analyzing my writing, focusing both on my purpose and my audience for every legal memorandum or brief, here are a few tips I have identified to think about using in your legal writing.

Pictures are worth a thousand words:  Pictures, if used appropriately, can be incredibly effective in legal writing.  When you approach your writing, imagine you are presenting your case in the courtroom.  What demonstratives would you use?  How would you effectively communicate your message with the use of evidence before the court?  Consider using demonstratives and evidence as inserts in your legal writing.  Using this approach can make your writing more concise and can also provide more effective communication.

Get to the point:  Lawyers are not known for being short-winded—in the courtroom or in legal briefing.  But the reality is that courts are busy.  And our clients are busy.  So we need to succinctly, while thoroughly, make legal arguments and conduct legal analysis.  I would suggest that as you edit a document, strive to determine how you can shorten sentences or paragraphs to concisely make your point.  Oftentimes, I have found that what I originally said in 10 words, I could have more clearly stated in five. 

Forget form introductions for motions: We can all pull a form that contains some of the following:

“COMES NOW, Defendant Jane Doe and files this Motion to Compel Documents Responsive to Discovery Requests . . . .” or “WHEREFORE, PREMISES CONSIDERED . . . .”

Using a form like this may have its advantages in some situations.  But consider the space you might be wasting with formulaic wording that does not further your argument or the advocacy for your client.  Consider dropping this formulaic, legalistic vocabulary and get to the point.

With these tips, I don’t suggest that we should throw out the rules of legal writing.  But we should recognize that our primary responsibility is to be advocates on our client’s behalf.  And how we formulate our writing reflects our advocacy.  Being strategic, getting to the point efficiently, and figuring out the most effective way to convey our message can make us all better advocates for our clients.