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Legal Writing Style Rules
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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'.
Be Concise
Eliminate unnecessary words and phrases to make your writing more efficient and understandable. Example: Replace 'in the event that' with 'if'.
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'.
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), ...
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 ...'
Organize Logically
Arrange your arguments in a logical progression for clarity and persuasiveness. Example: Start from the general premise and move towards specific evidence.
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'.
Balance Parallelism
Use parallel structure in lists and comparisons to maintain readability and flow. Example: 'She likes reading, writing, and reviewing.'
Be Persuasive
Use rhetorical devices such as logos, ethos, and pathos to convince your reader. Example: 'The evidence clearly indicates that ...', appeals to logos.
Contextualize Quotations
Introduce and explain quotations to show their relevance to your argument. Example: 'As Justice Kennedy stated, "...", which demonstrates ...'
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 ...'
Avoid Gendered Language
Use gender-neutral language to make writing inclusive. Example: 'The chairperson will decide' instead of 'The chairman will decide'.
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.
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 ...'.
Anticipate Counterarguments
Address potential opposition to strengthen your position. Example: 'While some might argue that ..., the evidence suggests ...'
Maintain Professional Tone
Write in a respectful, formal tone appropriate for legal documents. Example: 'The plaintiff's claim is without merit.'
Highlight Controlling Law
Emphasize the legal precedents or statutes that govern the issue at hand. Example: 'Under the controlling case of Smith v. Jones ...'
Use Definitions Effectively
Define key terms when they are first mentioned to ensure clarity. Example: 'Force majeure, a contract clause that ...'
Develop a Clear Thesis
Clearly state the main argument or proposition of your writing. Example: 'The focus of this paper is to demonstrate that ...'
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 ...'
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 ...'
Acknowledge Ambiguity
Recognize and address any uncertain areas in the law or your argument. Example: 'The statute is ambiguous in its scope; however, ...'
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.'
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.'
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