MAN-ON, Karleen Gayle M.

First Year | Aristotle

What is Good Legal Writing and Why Does It Matter?

By Mark Osbeck
A Summary

One important skill that every lawyer must have is the skill in legal writing. And yet it is also one
subject matter that is being overlooked. This is made evident by the fact that there is an existing
vacuum when it comes to literature that provides knowledge on legal writing.

How is good legal writing determined? There is a general notion that if a writing is effective, that
is, if it serves its purpose, then it is good writing. However, achieving a certain purpose does not
equate to good writing. There are instances when a document effectively serves its purpose
even though it is not well-written. On the other hand, a document can be well-written even
though it does not advance the writer’s purpose. For example, a certain brief, if it has weak legal
arguments, will less likely persuade the court even if it is written well. Therefore, good legal
writing cannot be measured by reference to the purpose of the writer. Indeed, the writer’s
perspective is almost irrelevant. A good legal writing looks to the needs and interests of the
reader, and not of the writer.

There are three fundamental qualities that make a good legal writing. It must be (1) clear, (2)
concise, and (3) engaging. 

First, good legal writing is clear. Every good writing, not just in the legal field, has clarity. This is
important because readers of a legal document are reading not for entertainment but for
information that will enable them to make a decision. Clarity will enable the reader to understand
the information that the writer is trying to convey.

Second, good legal writing is concise. Concise does not automatically translate to brief. For
there are concise writings that are significantly long. Rather, concise is better understood as
efficient, in a way that the writer conveys his points to the reader clearly and directly, without the
use of unnecessary words. Legal writing needs to be succinct and efficient--directly conveying
its points without compromising important details.

Third, good legal writing is engaging. A good legal writing needs to strike a balance between
clarity and engagement. Engagement of the reader is important because without it, the reader’s
attention is challenged, thus, making it difficult for him to catch the information that the writer is
trying to convey. This then hinders the reader’s ability to make professional decisions. One way
to make a writing engaging is the use of varied sentence structures.

But more than being clear, concise and engaging, there is one more quality that makes good
legal writing, and that is elegance. Elegance is a distinct aesthetic quality that makes a writing
output beautifully written. A great legal writing needs to have an element of artistic flair because
it will add value to it.

In sum, the purpose of good legal writing is to convey information that will enable the reader to
make professional decisions. Good legal writing makes it easier for readers to obtain that
information. This is achieved when the writing is clear, concise and engaging. And to add
greater value to the writing, there must be an element of elegance. The ability to write in this
manner is a skill every lawyer should possess. Thus, law students like me must endeavor to
develop that skill in law school.