Legal Writing

A Legal Writing Consultant Offers Attorneys Advice

You might say that Marilyn Bush LeLeiko has lots of experience as a legal writing consultant: she?s been at it since 1987, and she?s helped attorneys at more than half of the top 100 AmLaw firms improve their legal writing skills.

And you might say she knows how to satisfy clients, else she could not have amassed an impressive array of testimonials from so many satisfied clients — including, but not limited to, attorneys and managing partners from some of the best known law firms, and general counsel of the largest government agencies.

If you’re an attorney and you want to improve your legal writing skills, consider Marilyn’s advice. And if you don’t think you need to improve your writing skills, think again. There’s always room for improvement.

What do judges want (or not want) to see in an attorney’s writing?

Clarity is key. Judges are very busy. They don’t want to have to read and then re-read your brief to understand your argument. If your brief requires a second reading to be understood, the judge may put it aside to see if the other side’s brief clarifies the issues. That’s not likely to result in the best outcome for your client.

Clear organization is an important element of clarity. Organize well, and make that organization clear to the judge. Put a clear summary up front and use roadmap sentences, headings, and topic sentences so that the judge (and clerk) can see where you’re heading. Start with your best argument (unless there’s a good reason not to).

Conciseness is also vital. Don’t say something twice or three times. Say it once, say it clearly, and stop.

Writing skills — just how important are they to an attorney?

It depends on the practice area and the work environment. For most attorneys, writing skills are very important. You need to communicate with your supervisor, with your client, with co-counsel and opposing counsel, and (if you’re a litigator) with the court.

Some transactional lawyers think writing skills (other than contract drafting) are not important for them, but they have to communicate effectively too. They write emails, letters, reports. Their writing (except for contracts) is usually shorter, but the demands are the same. Their readers (corporate management and in-house counsel) are impatient. These readers often don’t want to read anything longer than a single-screen email or a one-page summary. It can be a challenge to communicate clearly, given such limited time.

Full post as published by Set in Style on June 15, 2010 (boomark / email).