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Lawyers Practice Manual NSW
Table of contents
Document Path: • Lawyers Practice Manual NSW : PART A – Legal practice > Effective writing for lawyers
Commentary
Table of contents
CONTENTS
Effective writing for lawyers

Introduction
The need to write well [E.101]
Consider your reader
Write for the reader [E.201]
When not to write at all [E.202]
Write for a purpose [E.203]
Tone [E.204]
Questions to ask [E.205]
Ensure your writing is legally accurate [E.206]
Organise and structure the information
Planning [E.301]
Give a context first [E.302]
Ideas and organisation [E.303]
Show structure of your logic [E.304]
Use alternatives to words [E.305]
Think about the content of each sentence and paragraph
Chunk your information [E.401]
Keep your words, sentences and paragraphs short [E.402]
One idea per sentence [E.403]
Only include necessary information [E.404]
Think about the language you use
Use the active form of verbs [E.501]
Use verbs not nominalisations [E.502]
Emphasise the positive [E.503]
Keep subject-action-object close together [E.504]
Draft in the singular [E.505]
Use gender inclusive language [E.506]
Think about your choice of words
Use ordinary everyday words as far as possible [E.601]
Use terms consistently and clearly [E.602]
If you use a technical word [E.603]
Do not use shall [E.604]
Omit unnecessary words and phrases [E.605]
Take care with doublets and triplets [E.606]
Avoid overusing the thesaurus [E.607]
Be aware of interpretation principles [E.608]
Definitions
Principles [E.701]
Legislative definitions [E.702]
Design your document to help your reader
Why is design important? [E.801]
Use or develop a style guide [E.802]
Aid access [E.803]
Formatting and practical guidelines [E.804]
Email, texting and other apps [E.805]
How to improve your writing [E.806]
How do you know if your reader understands?
Test [E.901]
Tuesday, 23 October, 2018 at 16:16 AEDT Page 1

When to test [E.902]

How to test [E.903]
Don't forget to review
Review [E.1001]
Appendix A – Authority and deed of release [E.3000]

Resources
Document Path: • Lawyers Practice Manual NSW : PART A – Legal practice > Effective writing for lawyers >
Resources
AUTHOR AND CURRENCY
Original author(s): Colin James PhD, MSc, MPhil, LLB, BA, BJuris, GCertPTT Solicitor ANU College of Law, Legal
Workshop Senior Lecturer Australian National University Conjoint Senior Lecturer University of
Newcastle Australia, Faculty of Business and Law
Current as at: This chapter reflects the law and practice at 20 March 2017
Commentary
Resources
Resources
Plain language writing texts for lawyers
P Butt and R Castle, Modern Legal Drafting: A Guide to Using Clearer Language (3rd ed, Cambridge University Press, 2013)
N Corbett-Jarvis and B Grigg, Effective Legal Writing: A Practical Guide (LexisNexis Butterworths, 2014)
M Asprey, Plain Language for Lawyers (4th ed, Federation Press, 2010)
RC Wydick, Plain English for Lawyers (5th ed, Carolina Academic Press, 2005)
Melbourne University Law Review Association and Melbourne Journal of International Law, Australian Guide to Legal Citation,
AGLC (3rded Melbourne University Law Review Association Inc. 2010) http://law.unimelb.edu.au/mulr/aglc
T Perrin, Better Writing for Lawyers (Law Society of Upper Canada, 1990)
DI Small and RP West, Letters for litigators: essential communications for opposing counsel, witnesses, clients, and others
(GP/Solo, ABA General Practice, Solo & Small Firm Section, 2004)
M Meehan and G Tulloch, Grammar for Lawyers (3rd ed, LexisNexis Butterworths, 2013)
J Wallace, Legal Writing for Good Business (2nd ed, Queensland Law Society, 1994)
D Greenberg (ed), Stroud's Judicial Dictionary of Words and Phrases (8th ed, Sweet & Maxwell, 2012)
R Macdonald and D Clark-Dickson, Clear and Precise: Writing Skills for Today's Lawyers (3rd ed, Thomson Reuters, 2010
Federal Judicial Center (USA) Judicial Writing Manual (1991) http://www.fjc.gov/public/pdf.nsf/lookup/JudiWrit.pdf/$file/JudiWrit.pdf
F Stroud, Stroud's Judicial Dictionary of Words and Phrases (8th ed, Sweet & Maxwell 2013)
General writing texts
R Eagleson, G Jones & S Hassal, Writing in Plain English (AGPS, 1991)
R Graves & A Hodge, The Use and Abuse of the English Language (Marlow & Co, 1995)
SA Taylor, Email Etiquette: A fresh look at dealing effectively with e-mail, developing great style, and writing clear, concise
messages (Marshall Cavendish, 2010)
Sir E Gowers, The Complete Plain Words (3rd ed, David R. Godine Publisher, 2002)
Snooks & Co. (ed), Style manual for authors, editors and printers (6th ed, John Wiley & Sons, 2011)

A Pauwels, Non-discriminatory language (AGPS, 1997)
Department of Education, Government of Tasmania, Guidelines for Inclusive Language (2012)

https://www.education.tas.gov.au/documentcentre/documents/guidelines-for-inclusive-language.pdf
JS Dumas & J Redish, A Practical Guide to Usability Testing (Intellect Books, 1999)

Introduction
AUTHOR AND CURRENCY
Commentary
Introduction
[E.101]
The need to write well
As a lawyer, you spend much of your time writing – so why not do it well. You may think you are an excellent lawyer, but you will not
be a successful practitioner unless you can communicate the law effectively in writing to the person who must read, understand and
act on your letter or document. If you use these guidelines, your writing will be clearer and more effective. Good lawyers use plain
English and avoid jargon and legalese. Good writing is effective communication and a sign of professionalism that enhances your
reputation.
There are several principles to remember and here are two acronyms that might help:
(A) KISS: "Keep It Short and Simple", ie where possible, use short words, short sentences, short paragraphs, active voice and
avoid repetition.
(B) APLE: Consider the Audience, the Purpose, the Language and Effectiveness as you write.
Context is always important. What works for one letter or document or type of reader or purpose may not work for another. You
need to decide when and how to apply the guidelines outlined in this chapter. The guidelines aim to help you think about what you
are doing, including why you are writing and to remind you of things to look out for as you write. If this is new to you, aim to apply
each guideline one at a time rather than all at once. However, keep in mind the best way to learn to write well is to read a lot and
write often.
The advent of email and other applications (apps) and social media forms has changed the way many lawyers communicate. It has
led to informal styles and heightened risk of inaccuracies and ill-considered comments or replies sent without pause for review.
Other risks of email involve
• the ease of forwarding messages to others not intended by the writer (beware of "Reply All");
• the lack of security if a service provider is hacked or goes out of business;
• the temptation to use abbreviations; and shorthand styles that may be misunderstood by the recipient.
The benefits of email writing include semi-permanent storage of messages and organising, filing and search functions for future
use. Also the speed of email can enable quick response, negotiation and resolution of potential disputes if handled carefully in
appropriate situations. For these reasons email has become a popular form of professional communication despite the risks. So
good lawyers need to adopt careful habits to minimise security threats and maximise respectfulness and clarity of meaning for
effectiveness in their messages.

AUTHOR AND CURRENCY
Commentary
[E.201]
Write for the reader
Writing for your reader is the first principle in all legal writing. It could be your client, a witness, another lawyer or party, a court
registrar or a judge. Having a clear idea of your audience is the first principle of good legal writing.
Writing to another lawyer often means you can be direct and use more legal expressions than when writing to your client or another
person. For example, when writing to another lawyer that "the judge gave a section # certificate", the meaning is clear to the other
lawyer. However, when writing to your client you need to spell out the meaning, eg "the judge decided that the arrangements for the
care of your children are satisfactory". Even better, add a reason, "the judge needed to do this before making your divorce final".
Try to know your reader before writing so you can better pitch your style. Be careful to remain respectful at all times to all readers.
Never show anger, be condescending or patronise the reader, and if responding to a patronising letter use the opportunity to
demonstrate your professional integrity by being as helpful and considerate as possible.
You may need to consider cultural and language issues of your likely readers, such as their ability to understand English, their
previous experience of law and legal systems, and specific politeness rituals or expectations such as an obligation to assent to
perceived authority and not be disagreeable.
[E.202]
When not to write at all
Lawyers traditionally like to put things in writing – but it may not always be the best way to communicate. Often it may be quicker
and more efficient to telephone the lawyer acting for your client's spouse to find out why child support has not been paid. You could
then call your client and relay the reason, and then write a brief file note for both calls.
Similarly, in some courts you can find out available court dates by a telephone call to the court registry. You could then confirm a
date in writing, by email to the court, with a copy to your client.
Emails have taken over from letters in much of legal practice; see E.805. Many lawyers write letters and send them as attachments
to emails.
[E.203]
Write for a purpose
The second principle of good writing is to have a clear idea of your purpose, or why you are writing to your reader, which will
determine the style you use. Emails are usually direct. Letters typically are more formal and therefore longer and take more time to
draft. Court documents like forms and affidavits are the most formal and need great care. Clarity is essential regardless of the
purpose. Many solicitors brief barristers to settle (finalise) long or important correspondence or court documents. Avoid ambiguity
and complexity. Be direct: not circuitous or vague. Say what needs to be said and no more.
As a law student, it was crucial you cited authorities and referenced sources correctly in your writing to avoid allegations of

plagiarism. As a lawyer, precedents for forms and letters are commonly used as guides for writing and there is no need to always
cite the source when using other references. However, context is always important, you may need to add authority to your point by
providing a reference, eg. writing a submission for law reform, and you have a duty to respect the intellectual property of another.
[E.204]
Tone
The tone is in the style and feeling of writing. Take care with any hidden message you may send your reader by your tone. Try to
imagine the reader's circumstances and likely response so that you can choose your style of writing for that reader and use the
appropriate level of formality, tone and respect. Avoid jargon like "the writer" when referring to yourself. Be clear with pronouns as
appropriate such as "I" and "you".
Tone in emails is usually more direct and informal than letters. However "emails are forever" – and you may add to that all other
types of electronic communication. Your emails may be retrieved, stored for future use, be copied or forwarded to other people, and
used for any purpose by people whom you never intended to see them. Never presume when you send a message "in fun" that it
will be received that way, and that it will not be distributed and redistributed to unknown numbers of people.
For these reasons your tone in emails, as in letters, should always be respectful. Never display arrogance, a superior tone or talk
down to anyone in your communications. Always show respect in communications, even when you don't feel it is warranted.
Respect and patience are highly desirable qualities that will help distinguish your professional identity.
[E.205]
Questions to ask
It is easy to start writing as soon as you sit down to write a letter, email or document. But wait a moment. Think before you write.
First ask some quick questions:
• Is there a precedent for this, and is it appropriate?
• Who will read and use this document? Who is the reader? Who else might see it?
• Why are you writing this document? What is its purpose?
• What do you want to say? What minimal content do you need to cover to achieve this purpose?
• What do you want your reader to do? Sign something? Agree to your request? Send you some documents? Pay
money?
• What does the reader want to know and need to know? Re-focus your content on your reader and imagine their likely
attitude, reading ability, interests and needs.
Your writing as a lawyer sculpts your reputation, so it must be considered and done with care.
[E.206]
Ensure your writing is legally accurate
This chapter focuses on writing skills. However, your responsibility as a lawyer is to make sure that what you advise your reader is
legally accurate, sufficiently comprehensive and precise. Plain English is the rule, and you should not fall into legalese trying to be
accurate. So-called "time honoured" expressions are now unacceptable jargon unless they contribute to clear communication of
your intended meaning. For more reading about these issues, see particularly Macdonald and Clarke-Dickson (2010).

AUTHOR AND CURRENCY
Commentary
[E.301]
Planning
When you need to write an important document, use your answers to the questions in [E.205], and jot down a quick plan before you
write. Alternatively, use a precedent to see how the ideas are structured. If you prefer to think as you write, then make time after
you have written to draw back and look at the big picture. There are many different methods of planning, and different ones work for
different writers. Perrin (1990) outlines several effective methods.
[E.302]
Give a context first
Introducing your point with an overview or synopsis gives the reader a context in which to interpret the information. It is then easier
for the reader to understand the rest of your document. In deeds, recitals are often used by default for this purpose. Other legal
documents open with a list of definitions. Why not open the document with a summary or with a major clause – and move the
definitions to the end? In letters it is more helpful to the reader to open with, "you wrote to us on [date] asking about the sale of your
property", than "I refer to your letter of [date]." which may force the reader to locate their original letter.
[E.303]
Ideas and organisation
Organise ideas in the way the reader will want them. For example, if you are writing a letter of advice about a litigation case, the
reader is probably most interested in the merit of their case if it goes to court and how much money they will get or lose – and then
how much in costs they may have to pay. The reader is less likely to be impressed by first being given your extensive research on
the tort of negligence. Keep this research as an annexure – if required at all – to a brief letter of advice.
Group relevant information together. Avoid following the structure of the relevant legislation unless it is useful to your reading in
doing so – especially when different statutes apply. It may be confusing for your reader who may want to know why there are three
clauses about the same area. An alternative is to order the document by subject or by chronology.
If you need to quote the legislation, an explanation or example may be useful.
Useful guidelines for organising ideas are:

• put the most important point first (this may be your advice);
• put qualifications and exceptions second;
• add procedures and administrative issues, such as time-lines and costs; and
• annex research and supporting information.
However, context is always important: if your main point is likely to be unwanted advice it might be received better after some
explanation of how you reached that conclusion.
[E.304]
Show the structure of your logic


Especially in long letters or documents, show the structure of your logic and the relative importance of the ideas and how they relate
to each other. Ways of doing this include:
• use of numbering systems;
• use of headings and sub-headings; and
• use of design principles such as layout, font size and style (be conservative), positioning of sub-headings and points.
[E.305]
Use alternatives to words
Graphs, tables, diagrams, symbols and pictures translate ideas into visual images. Often this helps readers grasp the concept
better and faster. For example, this table makes lists of information easy to find. Compare:
Office opening hours Office opening hours

Our office is open on weekdays 8 am Mon 8 am–6 pm
to 6 pm except on Wednesday Tues 8 am–6 pm
afternoons to 3 pm only and the 1st and Wed 8 am–3 pm
3rd Saturday of the month when it is Thur 8 am–6 pm
open from 9 am to 2 pm Fri 8 am–6 pm
Sat* 9 am–2 pm
* 1st and 3rd Saturdays of the month

AUTHOR AND CURRENCY
Commentary
[E.401]
Chunk your information
When you do begin to write, you need to make sure the information is divided into "chunks" that are easy to use for the reader.
"Chunking" reflects the way our brain processes information and helps readers to absorb, understand and remember what they
read. Most people can only remember between five and nine chunks of information in one attempt.
[E.402]
Keep your words, sentences and paragraphs short
Avoid large words which are often unnecessary, consist of jargon, suggest arrogance and can confuse or alienate some readers.
Aim for a maximum of 25 words per sentence and 5 to 6 sentences per paragraph. However variation is important, especially for
long letters; so write using both short and longer sentences to help keep the reader's attention rather than repeating a uniform
length which might seem forced and awkward.
[E.403]
One idea per sentence
Keep to one overall idea per sentence and one theme per paragraph.
[E.404]
Only include necessary information
Legal precision requires that you make sure the document is accurate and complete. However, perfection is never possible so be
careful not to repeat yourself in aiming to be precise or to emphasise a point. State your point once – perhaps with an example,
explanation or a reason – then move on.

AUTHOR AND CURRENCY
Commentary
[E.501]
Use the active voice of verbs
In the past lawyers tended to over-use the passive voice, making their writing heavy, dull and indirect, as well as adding
unnecessary words. Contemporary use of plain English in legal writing relies on the active form of verbs which speeds reading and
assists understanding. The active verb speaks directly to the reader and ensures the person who must do the action is included.
For example, it is better to write, "the judge decided the case" than, "the case was decided by the judge".
[E.502]
Use verbs not nominalisations
Another guideline is to combine active voice with "powerful verbs" – that is, make sure you have not changed your verbs into static
nouns.
Avoid Use
made the decision decided
take into consideration consider
come to the conclusion conclude
for the simplifying of to simplify
[E.503]
Emphasise the positive
Lawyers often need to identify risk and so legal documents frequently focus on what people cannot do. However, readers are more
likely to accept and remember something if it is positive or conceptualised from a positive point of view. More people obey "keep left
unless overtaking" than "slow vehicles use left lane".
Avoid, "you must not drive a car unless you are 18 years or older". Aim for, "you may only drive a car if you are 18 years or older".
Similarly, double-negatives no longer have a place in legal writing. Where does "not unreasonable" fall on the scale of
unreasonable to reasonable?
[E.504]
Keep subject-action-object close together
At times legal writers, if they are not thinking, but then perhaps even if they are, may – but more commonly do – separate out not
only the verb, but also leave until the very end of the sentence or paragraph, the point. In contrast, clear sentences identify the
subject who must do the action, then state the action required, and then identify the object or consequences. You can use another
sentence for qualifications or examples, or to clarify further if the point is complex.
[E.505]

Draft in the singular
Use of singular actors rather than groups or collectives makes for clearer communications: "You …" or "An applicant…". Also, in
formal writing "Interpretation Acts" provide that the singular includes the plural.
The word "none" is formally singular as in "none of the parties is bankrupt". However, common usage now allows for it to be plural,
especially after following a plural noun as in "none of the parties are bankrupt".
"Each" and "every" are also singular, however usage now allows for them to be plural as in "every party must file their documents",
and avoids gendered expressions.
[E.506]
Use gender inclusive language
Using gender inclusive language is now obligatory in legal writing. Some guidelines to avoid discriminatory sexist writing are:
Guideline Example
The tenant must show a concession card before he or she qualifies for a discount. An
use "he or she" alternative here is to use the plural: "… before they qualify for a discount".
repeat the noun The tenant must show a concession card before the tenant qualifies for a discount.
use the plural Tenants must show a concession card before they qualify for a discount.
use "you" You must show a concession card before you qualify for a discount.
It is also important to write in ways that are not discriminatory and are inclusive of diversity regarding ethnicity, age, disability,
sexual preference, religion or disability. A good guide to this area is Pauwels (1997).

AUTHOR AND CURRENCY
Commentary
[E.601]
Use ordinary everyday words as far as possible
The best legal writing relies on simple and familiar concepts and words. If complex or technical words are not necessary, do not use
them. In letters to clients watch out for words that may have a certain meaning but could confuse a non-lawyer, eg "search",
"service", "discharge", "encumber", "damages". Avoid words that have a different or specific meaning in legal practice such as
"discovery", "demise" or "execute". There are lists of preferred words in books (see under "Resources") such as R Macdonald and
Clark-Dickson (2010) and Asprey (2010). Use names of parties rather than abstract concepts (eg avoid "the Applicant/Respondent"
and replace "Releasor" and "Releasee" in a deed of release with names).
In client letters especially, the short message is: avoid jargon. Think about your reader before using standard phrases and
remember that legal writing is about clear communication – it is not prose, poetry or mere convention.
[E.602]
Use terms consistently and clearly
It is important to be consistent in your writing. Use one term for the same concept – and do not change or switch to another word
halfway (like I just did). It distracts readers (including courts) who will try to work out whether you intended the new word to have a
different meaning. Never change your language unless you want to change your meaning.
It may help to think about the everyday words you use. For example, when you use the expression "the court", do you mean the
physical courthouse, the judge or magistrate making the decision, or a more abstract concept of the circumstances of the decision?
And do you use the word in the same sense throughout your document or letter?
[E.603]
If you use a technical word
At times you do need to use a technical legal word, such as a word that is common in legal practice but has a complex or
multi-faceted meaning. Examples are indemnity, mortgagee, and guarantee. To help your reader understand the word, think about
including a clear definition, explaining its meaning in a particular context, or giving an example of its effect.
[E.604]
Do not use shall
"Shall" has at least three meanings – and sometimes all are used in the one legal document with often ambiguous and misleading
results. It can also be difficult to work out the real intention. For example, what is the meaning of "the director shall be one of the
governors of the hospital"?
Instead of "shall", use "must" for an obligation and "may" for a permission. At times "shall" can be replaced by the verb "to be". For
example, "this Act is governed by the law of Australia".
[E.605]

Omit unnecessary words and phrases
It can be difficult to write plainly, but it is important to pare down your writing by avoiding verbiage. For example, adverbs are rarely
required in legal writing and suggest inexperience. Always aim for clarity and to be concise.
Unless they serve an intended purpose in correspondence, avoid throat clearing phrases such as, "as you know" or, "it is important
to note that". At the end of a letter it may be good to ask the reader to contact you if they do not understand something, but there is
no need to add "We of course continue to value our important relationship".
In legal documents, phrases such as "unless the context otherwise permits" or "notwithstanding any other clause to the contrary in
this deed" suggest jargon and signal careless thought. If the context does in fact permit, then state that context clearly in the
document. If it is truly a "notwithstanding" clause, it may need to be moved to the beginning of the document so it qualifies all other
clauses.
In client letters, instead of Latin terms such as "ab initio", "circa" or "inter alia" use their plain meanings: "from the beginning",
"around" and "among others".
[E.606]
Take care with doublets and triplets
Many lawyers use the magic incantations such as "signed, sealed and delivered", "give, devise and bequeath", "null and void" or
"due and proper" without questioning their legal meaning. Often the phrase can be replaced by a single ordinary word.
At times the phrase is misleading. For example, in the phrase "null and void", courts have read "void" to mean "voidable" on the
basis that the writer used two words to show two different meanings. A good reference here is Greenberg (ed) (2012).
[E.607]
Avoid overusing the thesaurus
Another form of double-speak is when lawyers try to be precise and cover all circumstances by using every synonym they can find
to cover a situation. For example, "the tenant must maintain, replace, repair, and keep the property in good and substantial repair,
working order and condition". This encourages other lawyers to seek out loopholes. It is better to clearly state your intention by
beginning with a broad policy statement, followed by any extra detail. For example, "the tenant must keep the property in good
condition. This includes repairing any damage caused to the walls or floors".
[E.608]
Be aware of interpretation principles
By using effective and plain writing, you aim to keep your documents out of court. If your document does end up in court, the court
will not interfere if the meaning and intention are clear.
A guide to interpretation principles is found in Asprey (2010). When interpreting private communications, four principles apply:
• words are given their literal, "popular", ordinary or natural meaning, except technical words;
• words are given their grammatical and ordinary sense, unless this leads to absurdity or inconsistency with the rest of
the document;
• the document is read as a whole; and
• the apparent intention of the parties is respected.
Other principles can apply, but with caution because they may be inconsistent or contradictory. For example, in a list of objects, the
ejusdem generis rule (restricting general words to the same category as specific words) may conflict with the expressio unius rule (a
list of examples is treated as the entire category, despite any general words). By knowing these principles and potential risks, you
can write clearly to avoid having to deal with misunderstanding and its costly consequences.

Definitions
AUTHOR AND CURRENCY
Commentary
Definitions
[E.701]
Principles
Do not overuse definitions. Although a definition may help you conceptualise an idea, using too many definitions means the reader
needs to flip back and forth to the definition section.
Similarly if you do use a definition, keep its common meaning. If you change the meaning, readers forget and may misunderstand.
For example, in Victoria the old Dog Act covered cats as well – which was misleading. Try to find a better term or spell it out, eg
Dog and Cat Act.
A definition should only cover the meaning of a word, and should include the word "means". Avoid including additional information,
however interesting, such as origins, exceptions, examples, context or substantive legal points unless they are specifically relevant
to the reader. If you need to include examples, use "includes" and cite the most common or simple examples only.
[E.702]
Legislative definitions
Some Acts prescribe definitions and interpretations of commonly used terms and you do not need to repeat them in your
documents. For example "month" means calendar month. See the Interpretation Act 1987 (NSW), the Real Property Act 1900
(NSW) and the Conveyancing Act 1919 (NSW) when drafting an instrument in writing.

AUTHOR AND CURRENCY
Commentary
[E.801]
Why is design important?
Good writing may not be read if the layout of your document is confusing or uninviting. Good design can signal important areas,
help readers find their way around information, and ensure it is a pleasure to read. Formatting is an important part of document
design; see [E.804].
[E.802]
Use or Develop a style guide
Setting standards with a "style guide" in your workplace or organisation helps professionals to be consistent and efficient in their
work. It is important to standardise areas such as commonly used clauses, execution clauses, methods of signature, spelling
conventions, use of open or closed punctuation, and numbering conventions. It is also important to cover layout standards for
letters and documents, including openings, references, heading styles, typeface, font, margins, use of tables and images. A style
guide can include models and precedent documents and letters for quick reference. Adherence to the style guide helps writers
present a coordinated, consistent and professional image to their readers.
When writing formal research or submissions use the AGLC3 (see Resources) unless another style guide is specified.
[E.803]
Aid access
For easier access in long documents, create a table of contents and consider using an index based on the relevant concepts, and
grouping information using subtitles, naming sections and numbering paragraphs. You can improve the accessibility of dense prose
by including lists, tables, graphs, diagrams and other images that reduce the sense of crowding and maintain the reader's interest.
[E.804]
Formatting and Practical guidelines
• Use typefaces that are easy to read. As a guide use one font style and two font sizes – more than three sizes is
distracting.
• Check that the font size is large enough. For most fonts, 12 point is the best size for most readers.
• Consider if single line spacing is best, or if 1.5 or double line spacing is better for this document.
• When printing, check that the colours of paper and ink contrast adequately.
• Ensure lines are the right length for easy reading.
• Consider leaving a margin space for binding and for making notes.
• Maximise white space to assist design, accessibility and readability.
• Consider including any detailed information as a schedule or attachment.
[E.805]
Email, texting and other apps.

The main advantages of email are rapid communication, low cost and permanent records. Conventions of email legal writing are
still developing, however there is growing acceptance of less formality and fewer courtesies, eg not using "Dear …" at the start and
"Yours faithfully" or "Regards" at the end of an email.
Texting (SMS – short message service) and other commercially available applications are now commonly used as alternative
methods of communication in legal practice.
Caution: Email, text messages and app communications may not have a good level of security which raises the risk of a
confidentiality breach through someone hacking your phone, device or the application itself and your messages accessed by third
parties. On the other hand, electronic communications can be useful in that deleted messages can usually be recovered, even from
cloud services. Tip for lawyers – don't risk it, there is no safe informal way to communicate. Always assume whenever writing or
responding to a message that a judge will one day read this message or see this image sent by you.
Email Dos Email Don'ts

Proofread before sending Don't SHOUT
Remember anyone might see this email Don't do sloppy drafting
Be courteous Don't reply all, without checking
Set time aside in a day for emails Don't email when a phone call would be better
Choose "Subject" carefully Don't email when a letter would be better
Include CC and BC and attachments Don't allow email alerts to distract you from other work
carefully
Follow up meetings with short email Don't delay responding without reasons
Housekeeping to maintain Inbox using the Don't ever use an unfriendly tone
3D strategy (Do-Delegate-Delete)
[E.806]
How to improve your writing
• Read a lot, including novels, books and journals inside and outside your profession. Even if you are busy, create a
reading habit and put some time aside every day for reading.
• Be mindful when you write and review your drafts by focusing on three things:
- the purpose of your writing;
- the person who will read it; and
- the style you want to present.

AUTHOR AND CURRENCY
Commentary
[E.901]
Test
Try testing your document or letters by showing them to a few readers before sending to check they can be understood as
intended. This is especially important if your document will be read and used by different people. When starting a new job, asking
your supervisor to read your first few letters or documents before sending can avoid problems caused by other people assuming
you know the office style, conventions or rules.
Asking for feedback shows you respect the reader's opinion and demonstrates you are willing to improve. Often lawyers do not test
their documents because they are embarrassed, they do not know how, or they think it is too complicated or expensive. If you have
already invested time and money in developing a document, it is false economy not to check first if it really does communicate as
you intend. Testing is a good way to find out where mistakes lie and to avoid costly errors. (Be prepared to accept criticism; it will
usually be constructive.)
[E.902]
When to test
If possible, it is best to test throughout the process of developing your document, especially for large writing projects,
If your document is an initiative, be clear with the purpose.
If you are basing your writing on a previous document, find out where the document failed the first time or how it could be improved.
If you are re-writing from a precedent used in your office, ask the other lawyers what questions their clients raised and ask your staff
where the misunderstandings arise. While you are drafting, test drafts to make sure you are on the right track. Final draft testing
needs to be more thorough, and ideally with a sample of people who represent your typical readers.
[E.903]
How to test
Leave your writing overnight or for a few hours – then revisit it with a fresh mind. Ask someone else to read your draft, preferably a
non-lawyer, then ask what they don't understand. Run it through a spellcheck and software grammar application – remembering
this is only a guide.
A good introduction to testing documents is in Eagleson, Jones and Hassal (1990). More detail can be found in Dumas and Redish
(1999).

AUTHOR AND CURRENCY
Commentary
[E.1001]
Review
Take time to review. It needs to be an ongoing process in your writing. Constantly monitor your writing and documents to see how
you can improve and better meet your readers' needs. Again, if there is time, wait a day and then review an important document,
email or letter before finalising or sending it. This strategy can help to maximise quality and minimise errors not identified in the
earlier draft.

[E.3000] Appendix A – Authority and deed of release
Appendix A – Authority and deed of release
AUTHOR AND CURRENCY
Commentary
[E.3000]
Appendix A – Authority and deed of release
Appendix A at [E.3000] gives examples of two commonly used documents drafted in a traditional style and drafted in a plain
language style:
• an authority to receive settlement money; and
• a deed of release.
All jurisdictions now expect lawyers to use plain English, and while you must make sure the document still has legal effect, simply
applying the principles discussed in this chapter will give you a better document that is clearer for your clients and more effective in
communicating what you want.
The questions after each traditional draft below raise issues discussed in this chapter. NB – the plain language versions are
suggestions only, as there can never be a perfect document.
AUTHORITY
Table E.1 - Traditional authority to receive accident settlement money
I, [name], of [address], hereby authorise [law firm] to accept and receive on my behalf the amount of $[amount] (spell amount in full)
being settlement monies due to me from [name of insurer] arising from the accident which occurred on or around [date] in the
vicinity of [place of accident] in the state of New South Wales.
SIGNED
in the presence of
Dated
Some questions about the traditional version:

• How are the blanks filled in? Where do the parties sign?
• Where is the most important information for the person signing? (For example, the amount they get.)
• Who needs to know the name of the insurer and the place of the accident?
• How many sentences are used?
• Are there superfluous words?
• Are both terms in "accept and receive" required by law?
• What words might a person of Non-English Speaking Background have problems understanding?
Table E.2 - Plain language authority to receive accident settlement money

Accident: [date]
[location], New South Wales
I authorise [law firm] to receive $[amount] from [name of insurer] on my behalf.
This is the settlement money from the accident at (place) on (date).
My signature: ....................................................................................................................................................
My name: [insert name]

My address: [insert address]

Signed in the presence of the witness:
Witness' signature: ....................................................................................................................................................
Name of witness: [insert name]
Date:
DEED of RELEASE
Table E.3 - Traditional deed of release
THIS DEED made the................ day of ................
1. PARTIES:
1.1 [Name & Address] (the "Releasor")
1.2 [Name & Address of Insurer] (the "Releasee")
2. RECITALS
2.1 The Releasor claims to have suffered personal injury, loss and damages as a result of an incident on or around in the
vicinity of [insert location] in New South Wales.
2.2 It is agreed between the parties that without any admission of liability on the part of the Releasee, that the Releasor
will release the Releasee from all actions, suits, costs and demands in respect of personal injuries and damages in
connection with the above incident which the Releasor may now or at any time hereafter have against the Releasee
in consideration of the Releasee paying the Releasor the sum of $ (the receipt of which is acknowledged).
3. AGREEMENT
3.1 The Releasor releases and discharges the Releasee from all actions, suits, costs and demands and causes of action
which the Releasor may now have or which, but for this Deed might at any time have against the Releasee as a
result of the incident on [insert date].
3.2 The Releasee undertakes to pay any monies payable by the Releasee to any person or body in respect of workers
compensation, social services, sick leave payments, make-up pay, accident pay or otherwise and also to pay all
outstanding hospital, ambulance, medical, pharmaceutical, nursing, dental, massage, rehabilitation and other
out-of-pocket expenses which have not been paid by the Releasee.
3.3 The Releasor agrees that this settlement includes the settlement of all existing claims and existing rights to claim that
the Releasor might have against the Releasee as a result of the incident on [insert date].
Some questions about the traditional version:

• What organisational structure is used?
• What are the differences between the recitals and the clauses?
• Which person is the Releasee and which is the Releasor? How many times is each term used? What other names
might you use?
• Do you need all "actions, suits, costs and demands?" Why does cl 3.1 add causes of action?
• What words might a non-lawyer find unusual or difficult to understand?
Table E.4 - Plain language deed of release
Deed of Release
1. Date:
2. Parties:
2.1 [Name & Address] ("McDriver")
2.2 [Name & Address of Insurer] ("McInsurer")
3. Background
3.1 This deed concerns an incident at or near [location] in New South Wales. The incident occurred on [date].
3.2 McDriver claims to have suffered personal injury, loss and damages as a result of the incident.
3.3 In consideration of McInsurer paying McDriver the amount of $[…], the parties agree that:
• McInsurer does not admit any liability concerning this incident;
• McDriver releases McInsurer from all actions and demands concerning personal injuries or damages in connection with
this incident that McDriver may have now or in the future against McInsurer.
3.4 McDriver acknowledges receiving this amount.
4. Agreement
4.1 McDriver releases and discharges McInsurer from all actions and demands that McDriver has or may have as a result
of the incident.
4.2 McDriver agrees that this settlement includes the settlement of all claims and rights to claim that McDriver has or may
have against McInsurer as a result of the incident.

4.3 McInsurer promises to pay $[….] to McDriver or other organisation as requested by McDriver by [date], being:
• all money payable concerning workers' compensation, social services, sick leave payments, make-up pay, accident pay
or otherwise; and
• out-of-pocket expenses not already paid by McInsurer (for example: hospital, ambulance, medical, pharmaceutical,
nursing, dental, massage, rehabilitation expenses).

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Copyright © 2018 Thomson Reuters (Professional) Australia Limited

Electronic copy available at: https://ssrn.com/abstract=2497885

Effective writing for lawyers

Tuesday, 23 October, 2018 at 16:16 AEDT Page 1

Electronic copy available at: https://ssrn.com/abstract=2497885

When to test [E.902]

Tuesday, 23 October, 2018 at 16:16 AEDT Page 2

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AUTHOR AND CURRENCY

Plain language writing texts for lawyers

Federal Judicial Center (USA) Judicial Writing Manual (1991) http://www.fjc.gov/public/pdf.nsf/lookup/JudiWrit.pdf/$file/JudiWrit.pdf

General writing texts

R Eagleson, G Jones & S Hassal, Writing in Plain English (AGPS, 1991)

Electronic copy available at: https://ssrn.com/abstract=2497885

A Pauwels, Non-discriminatory language (AGPS, 1997)

Department of Education, Government of Tasmania, Guidelines for Inclusive Language (2012)

Tuesday, 23 October, 2018 at 16:16 AEDT Page 2

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AUTHOR AND CURRENCY

The need to write well

Tuesday, 23 October, 2018 at 16:16 AEDT Page 1

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Consider your reader

AUTHOR AND CURRENCY

Consider your reader

Write for the reader

When not to write at all

Write for a purpose

Tuesday, 23 October, 2018 at 16:16 AEDT Page 1

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Ensure your writing is legally accurate

Tuesday, 23 October, 2018 at 16:16 AEDT Page 2

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Organise and structure the information

AUTHOR AND CURRENCY

Organise and structure the information

Give a context first

Ideas and organisation

If you need to quote the legislation, an explanation or example may be useful.

Useful guidelines for organising ideas are:

Show the structure of your logic

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Use alternatives to words

Office opening hours Office opening hours

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Think about the content of each sentence and paragraph

AUTHOR AND CURRENCY

Think about the content of each sentence and paragraph

Chunk your information

Keep your words, sentences and paragraphs short

One idea per sentence

Only include necessary information

Tuesday, 23 October, 2018 at 16:16 AEDT Page 1

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Think about the language you use

AUTHOR AND CURRENCY

Think about the language you use

Use the active voice of verbs

Use verbs not nominalisations

Emphasise the positive