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Legal Writing Style Rules
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Be Concise
Eliminate unnecessary words and phrases to make your writing more efficient and understandable. Example: Replace 'in the event that' with 'if'.
Avoid Gendered Language
Use gender-neutral language to make writing inclusive. Example: 'The chairperson will decide' instead of 'The chairman will decide'.
Avoid Split Infinitives
Put modifiers either before or after the verb, not between 'to' and the verb. Example: Write 'to go quickly' instead of 'to quickly go'.
Maintain Professional Tone
Write in a respectful, formal tone appropriate for legal documents. Example: 'The plaintiff's claim is without merit.'
Use Definitions Effectively
Define key terms when they are first mentioned to ensure clarity. Example: 'Force majeure, a contract clause that ...'
Use Active Voice
Active voice makes your writing more direct and dynamic. Example: Write 'The committee approved the policy' instead of 'The policy was approved by the committee'.
Organize Logically
Arrange your arguments in a logical progression for clarity and persuasiveness. Example: Start from the general premise and move towards specific evidence.
Use Precise Language
Choose words that convey the exact meaning needed for legal nuances. Example: 'The defendant was charged with larceny' not 'The defendant stole'.
Consult Authoritative Sources
Base your legal analysis on well-established and recognized sources. Example: 'According to the Restatement (Second) of Contracts ...'
Contextualize Quotations
Introduce and explain quotations to show their relevance to your argument. Example: 'As Justice Kennedy stated, "...", which demonstrates ...'
Be Persuasive
Use rhetorical devices such as logos, ethos, and pathos to convince your reader. Example: 'The evidence clearly indicates that ...', appeals to logos.
Use Topic Sentences
Begin each paragraph with a topic sentence that states the main idea. Example: 'The main argument for the plaintiff’s case is ...'
Use Footnotes for Non-Essential Information
Place supplementary material in footnotes to avoid disrupting the main text. Example: 'The argument (see footnote 1) proceeds on the assumption that ...'
Edit Ruthlessly
Review and revise your writing thoroughly to enhance clarity, coherence, and correctness. Example: 'After drafting, I cut unnecessary words and clarified my thesis.'
Acknowledge Ambiguity
Recognize and address any uncertain areas in the law or your argument. Example: 'The statute is ambiguous in its scope; however, ...'
Use Plain Language
Avoid legal jargon and complex language when possible to make your writing clearer and more accessible. Example: Use 'end' instead of 'terminate'.
Distinguish Between Mandatory and Permissive Authorities
Distinguish whether a legal authority requires or merely permits an action. Example: 'Statute X requires ...', not 'Statute X allows ...' for a mandate.
Develop a Clear Thesis
Clearly state the main argument or proposition of your writing. Example: 'The focus of this paper is to demonstrate that ...'
Follow Citation Rules
Use proper legal citation to give credit and authority to your statements. Example: According to Brown v. Board of Education, 347 U.S. 483 (1954), ...
Balance Parallelism
Use parallel structure in lists and comparisons to maintain readability and flow. Example: 'She likes reading, writing, and reviewing.'
Anticipate Counterarguments
Address potential opposition to strengthen your position. Example: 'While some might argue that ..., the evidence suggests ...'
Include Factual Support
Support legal arguments with relevant facts and evidence. Example: 'As shown by the witness testimony on March 4th, ...'
Differentiate Holdings from Dicta
Distinguish the legally binding parts of a decision from non-binding commentary. Example: 'The court's holding was ..., but the dictum stated ...'
Interpret Statutes Narrowly
Apply the principle of strict construction to interpret statutes in their narrowest sense. Example: 'Under a narrow reading of the statute, only ... qualifies.'
Analyze, Don't Summarize
Critically examine legal issues instead of simply summarizing the facts. Example: 'The court's reasoning is flawed because ...' rather than 'The court said ...'.
Highlight Controlling Law
Emphasize the legal precedents or statutes that govern the issue at hand. Example: 'Under the controlling case of Smith v. Jones ...'
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