Clarity and precision are the cornerstones of legal writing. Whether you are drafting a contract, a pleading, or a legal opinion, your goal is to communicate complex ideas in a way that is unambiguous and persuasive. Here are five fundamental tips that can immediately improve your legal drafts.
1. Use Plain English
Avoid archaic legal jargon and "legalese" whenever possible. While technical terms are sometimes necessary, your writing should be as clear and straightforward as possible. Instead of "heretofore," use "before now." Instead of "in consideration of the foregoing," use "for these reasons."
2. Active Voice over Passive Voice
The active voice is generally more direct and easier to understand. For example, "The court denied the motion" (active) is clearer than "The motion was denied by the court" (passive). The active voice makes it clear who is performing the action.