Drafting legal documents is a foundational skill for any legal professional. Yet, producing clear, persuasive, and error-free documents can be a time-consuming and challenging process, especially for those new to the field. The documents you create must be concise and accomplish specific goals for your clients. It's a process that’s far from one-size-fits-all.
While the art of legal writing requires practice and precision, modern tools and proven techniques can significantly streamline the process and improve your output. This guide offers essential legal writing tips to help you hone your craft.
Tips for Drafting Stellar Legal Documents
Legal drafting is best viewed as a structured process rather than a spontaneous act of writing. By following a set of best practices, you can ensure your documents are not only legally sound but also easy for all parties to understand. These strategies will help you build a strong foundation for all your legal writing tasks.
Plan Your Document
Before you write a single word, you'll want to have a clear plan:
- What is the purpose of this document?
- Who is the audience?
- What legal issues will be addressed?
- What key information and research materials must be included to support your positions or arguments?
Start by outlining the structure, identifying the necessary clauses, and gathering all relevant information from your legal research. This initial planning phase saves significant time later and prevents critical omissions. A well-organized plan is the blueprint for a well-drafted document.
Keep Templates Up to Date
Your firm may have a model document or precedent database. While templates are invaluable for efficiency, they are not static. Laws change, and so do best practices. Regularly review and update your firm’s templates to ensure they reflect the current legal landscape. Using an outdated template can introduce obsolete language or clauses, create unnecessary risk, and lead to professional embarrassment. A proactive approach to template management ensures consistency and compliance across all your documents.
Write with Clarity
Vague terms and contradictory clauses are among the most common and damaging mistakes in legal briefs and arguments. Ambiguities can lead to disputes and costly litigation. Define key terms, gather facts from legal authorities that support your argument, use precise language, and review every sentence to ensure its meaning is unmistakable. Your goal is persuasive writing that leaves no room for interpretation.
Learn more about common drafting pitfalls to avoid and how to emulate the writing style of SCOTUS.
Use Active Voice
You want to strive for correspondence that is direct, concise, and authoritative. Instead of writing, “The contract was signed by the client,” write: “The client signed the contract.” The active voice clearly identifies the actor and the action, which reduces wordiness and improves readability. This simple shift is one of the most effective legal writing tips for creating powerful motions, briefs, and other documents.
Discover best practices for structuring business agreements with the BARBRI Professional Education Contract Drafting Essentials CLE course.
Ask Someone to Review Your Work
No matter how experienced you are, a second pair of eyes from a colleague is always beneficial. A fresh perspective can catch errors or ambiguities you may have overlooked. This collaborative step is a crucial quality control measure that’s great for strengthening final documents.
Embrace Technology
Modern legal technology can revolutionize how you draft legal documents. Generative artificial intelligence (AI) can be used to prepare a first draft of almost any written content. Software can help manage contracts, organize client data, and automate repetitive tasks, freeing you to focus on the more complex aspects of your work. Tools designed for legal professionals can check for inconsistencies, manage versions, and streamline the review process.
Embracing these technologies is essential for maintaining a competitive edge and delivering exceptional service. It is absolutely essential that any written material generated by software be carefully reviewed for accuracy.
A Word about Drafting Legal Correspondence with AI
The rise of artificial intelligence presents new opportunities for drafting legal correspondence and documents. AI-driven tools can assist with everything from initial legal research to generating first drafts of standard communications. These platforms can help ensure consistency and adherence to specific formatting rules, allowing legal professionals to work more efficiently.
While generative AI can be a powerful assistant, it is not a replacement for professional judgment and expertise. Understanding how to leverage these tools effectively while maintaining oversight is becoming a critical skill.
Explore the use of generative AI for legal writing.
Evolve Your Legal Writing Skills
Developing mastery in legal writing is an ongoing journey. As technology evolves, so must your skills. If your firm is ready to explore the intersection of artificial intelligence and legal practice, dedicated training is the most effective path forward. Equip your team with the knowledge to leverage generative AI responsibly and effectively.
Discover how SkillBurst's specialized learning modules can enhance your firm's capabilities. Our targeted training gives your legal professionals the confidence and competence to excel. To learn more about our specific courses on legal writing with AI, visit https://www.skillburst.com/genai and request information today.
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