Rules of Effective Legal Writing

The term "effective legal writing' can form a title of a book (just Google it). In
this case, it covers virtually everything that aids effective legal writing including
some of the topics already discussed. For the purpose of this part however, only
the following sub-topics will be covered -
 Clarity of instruction
 Good knowledge of the law
 Clarity of expression; Orderliness: Accuracy; Use short sentences, etc.

There is no one-size-fits-allapproach to legal writing. Accordingly, the writer

needs to find the approach that fits best into the context and purpose.
Nevertheless, there are in existence the main principles of effective legal
writing. These principlescover the following:
1. Planning and Purpose- There must be planning to contextualize the
purpose of the writing to make it effective. Think about whom you're
writing the document for, by asking yourself these questions: "Who is my
reader?" 'Why am I writing this?'Ts it to inform, persuade or to
accomplish some other end? The writing should accomplish something.
That purpose and knowledge of audience should determine the form,
style, and tone of the writing.
2. Elaboration - map out the reasoning in logical fashion to support the
conclusion.
Marshal the points in unity and coherence by building paragraphs that
support topic sentences with details.Use examples and references as
evidence to illustrate your points.
Structure the sentences to show the thought structures, logical
relationships and clear connections,
3. Power/Emphasis - Understand the reader/audience's need for prediction
and fulfillment, unity and coherence. Carefully use emphatic positions for
powerful paragraphs and sentences. As a general rule, place the familiar
at the beginning, the new and more complicated at the end.
4. Economy - Address the need for economy in words and time. Use fewer
words in more effective sentences and phrases
5. Clarity - clarity is a distinctive feature of communication (See University
of HoustonWriting Centre).

Important points to note on writing –

i. Check and use appropriate verb tense - A singular subject should have a
singular verb and a plural subject should have a plural verb.
ii. Pay attention to word placement - Words should be placed where they
ought to be.A verb should come after the subject and be as close to the
subject as possible.
 iii. Active voice/sentence is better than passive sentence - Active sentences
are clearer and more pungent in passing the message than passive voice.
This is particularly the case where the context does not necessarily
require passive sentences.
iv. Placement matters - Place the modifying words as close as you can to the
words you're modifying. For instance, where do you put'only'
'completely' 'virtually' 'merely' etc
v. Utilize comma, colon and semi-coloncorrectly - Commas are
occasionally used to split sentences apart with no reason, while
sometimes it fails to appear where it should appear. The same situation
underlies colon and semi-colon.
vi. Avoid ambiguity - Avoid ambiguous words as much as possible. Aim for
clarity of thought. Using these words occasionally create confusion
except where they clearly refer to issues - 'it', 'this, 'that', 'such" and
'which".
vii. Aim for clarity in writing - Although double negatives are grammatically
correct, it is advisable to seek clarity by avoiding its use. Avoid using
double negatives like 'not insignificant' 'not unconnected', and not
uncommon'etc. These generally confuse the reader and slow them down.
Also, 'in light of the fact that...' can easily be replaced with 'because, 'in
order to 'replaced with *to' etc.
viii. Avoid complex-compound/Subordinated/portmanteau sentences - use
simple and short sentences. A compound-complex sentence is made up
of at least two independent clauses and one or more dependent clauses.
Example: Although Wayne prefers driving Bentley, he nevertheless
bought BMW, and he enjoyed driving it tremendously.

Examples: Therefore, since an employee was ordered to work 5 hours at

the end of the pay period when she was scheduled to take off; and since
she had already accumulated 10 credit hours, and since she had al- ready
worked 40 hours that week, the 5 hours of work are overtime. This is
subordination/subordinated sentence. The issues presented in this case
arising as the result of an appeat from a settlement of our Claims
Division are whether a member may be reimbursed for transportation
expenses for an attendant who accompanied his dependent mother where
no travel orders were issued for the attendant and whether reimbursement
for the dependent mother's transportation is limited to what it would have
cost the Government to transport the dependent by military air in the
absence of a showing that Government transportation was not available
or its use was not practicable. This is portmanteau sentence.
ix. Avoid run-on sentences - A run-on sentence happens when two or more
independent clauses or complete sentences are joined in improper way. It
 could be through comma splices, fused sentences etc. Example 1: I like
to play snooker game I play snooker every weckend'.
Example 2:'1 like to play snooker game, I play snooker every weckend'.
Using semicolon solves the problem but splitting the sentence into two is
even much better for clarity c.g. 'I like to play snooker game*. "I play
snooker every weekend" (See American Bar Association, '10 tips for
better legal writing').

Clarity of instruction

Clarity of instruction can be visualized in two ways: instructional clarity i.e.

from teachers to students or from seniors to juniors e.g. in law office etc and
clarity of instruction beforewriting.
If you are the one giving instruction on what to write you have to give clear
instruction on what you want to be done. If you are the recipient of the
instruction you have to understand it or ask questions if you don't before
commencing writing. If you are undertaking the writing on your own without
external instruction, then you need to follow the principles itemized above.

Good knowledge of the law

Effective legal rescarch is strengthened by good knowledge of the law. A

question may arise:
How do vou have a good knowledge of the law? The answer lies in legal
research i.e. undertaking research in legal area to ascertain legal development.
This will equip the rescarcherwith good knowledge of the law necessary for the
relevant research. What are the resources that aid good knowledge of the law?
Such resources are both library-based e.g. an enclosure or multiple enclosures
containing both physical and online resources and non-library-based e.g. any
other legal resources outside library-based system. Remember Lord Denning
quotation that 'God forbid that a lawyer knows all the law, but a good lawyer is
one who knows where to find the law'. However, this is not an excuse for
indolence. A good research/lawyer should not substantially enough to undertake
research but certainly not all.

Clarity of expression

A key element of effective writing is clarity. Persuasiveness, accuracy and

interesting subject matter are insufficient if the reader/audience does not
understand the message being passed Clarity of expression is closely related to
the main principles of effective legal writing stated above. Clarity in writing is
achieved if the reader understands the writer's statement and purpose.
Such understanding is judged sentence by sentence not just the overall objective
of writing. To achieve clarity of expression, the writer/researcher must be
guided by the following planning. a clearly defined purpose, logical
organization- ordering a legal document logically into sections and
subsectionsetc, well-constructed sentences - phrasing sentences clearly and
choosing precise words. Stylistically, clarity of expression involves:
1. Promoting - plain legal language and concise sentences, focusing on one
idea with subject + (active) verb + object where the main idea comes
first,and
2. Avoiding - obsolete words and phrases, redundancies, long sentences,
subordinate and embedded clauses, nominalizations, passive verb
constructions, double negatives, and legal pairs.

Advanced principles of clarity of expression may include the following: using

cohcsive words, phrases and clauses, using headings with verbs, using technical
terms consistently, making the text context independent, minimizing the use of
footnotes, and using graphics where appropriate.? In summary, clarity of
expression can be achieved through the following means:

1. Using simple termsand active verbs - simple words and active voice make
the text direct and concise, thereby making it easily understood. Example:
it runs like advanced computer* (simple verb, active voice). This is better
than "it functions like advanced computer" (more complex verb) or 'it is
run likeadvanced computer' (passive voice).
2. Brevity - be concise and brief in expression. Example I; the term'at this
point in time' can be replaced with the word 'now'. Example 2: these two
sentences can be joined into one: Jenny is not like Uloma. Jenny is more
hard-working'. These sentences can be combined into one: "Jenny is more
hard-working than Uloma'. A sentence length of 12-14 words would be
fantastic emulate Warren Buffett writing style in investor letters.
3. Be Specific - Avoid beating about the bush. State what you mean in a
straightforward way.
4. Use Familiar Words - Limit the use of jargonsand unfamiliar words and
terms. Use them only if the audience understands them.
5. Provide Context - provide the background knowledge to aid
understanding of experts and non-experts. If you are using photos or
illustrations, you should clearly relate them to relevant areas. Watch for
Misplaced Phrases - avoid misplacement of words, phrases and clauses.
This can confuse the readers and audience. Also, it can obscurethe
meaning in a sentence.
6. Logical sequencing - ensure that the points made support the position and
the position canvassed tallies with the point. Statements made should
reinforce main message of the writingincluding testimonials,
comparisons, observations, study results, or details. Conclusions reached
 must follow from the premises established. There should be no
conclusion on a matter not discussed at the body of the work.
7. Pay Attention to use of Commas - missing or unnecessary commas can
change the meaning of a sentence. This point is noted before.

Reasons for lack of clarity of expression

Some of the reasons a writer fails to achieve clarity in expression are the
following-
1. Lack of focus - if a work lacks focus it will be difficult to understand the
message the writer is passing across. Accordingly, writing should have a
focus.
2. Too many ideas in a small space - too much clustering of ideas in one
spot confuse the readers or audience. Simplify and filter the details.
3. Improper use of adjectives, nouns, verbs, or adverbs - this leaves the
reader wondering the intention of the writer. Use adjectives deftly and
appropriately.
4. Misspellings - This can be handled using automatic dictionary system and
proofreading by others. Make a choice between American and British
English.
5. Use of unfamiliar abbreviation without first writing it in full -
Abbreviation should be used after writing it in full at the initial time.
6. Unnecessary use of high sounding and unfamiliar words - This may be
grammatically correct but it leaves the reader scrambling for dictionary
every time. Since you want to pass the message across, be simple. High
sounding words may be relevant if you are a poet or you are playing on
such obscurity.