Writing in law can be a very difficult task. There is in fact a lot that goes into writing in the law field. A midst all the law firm lingo or jargon you have to know not only how to communicate with other people in your field but to your client as well. Efficiency is key and you must be strait to the point of what you are trying to say. Also you have to keep in mind the person who you are writing to and what they need to win the case.
Writing to a client is much different than writing to someone in your field or who possess the same legal knowledge that you do. Clients tend not to have the legal knowledge of a lawyer so something written to one should have a better explanation as to what the lawyer intends to do. What documents are needed and why? Explain in simple terms so that the client doesn’t get lost in the overall writing of the document. When writing my biggest problem was conveying the idea I needed to in an organized and clear manner. It wasn’t hard to figure out what I was trying to say but the problem was saying it period. Finding the main ideas and explaining them and then having them relate to each other was another problem. I had a lot of good points but not all of them related to my thesis. Clients seek help and often times if they do not understand your writing it can lead to you losing the client. Also your writing should indicate that you understand what the case entails. Clients like to know that you are interested and fully investigating their claim. This requires background knowledge of the case presented and viewing all sides of the problem so that you can better assist the client in their defense.
Writing to a lawyer is quite different because when writing to a lawyer they tend to have an idea of what you are talking about provided they are in your field or work closely with you. Sometimes it is necessary when you need information from another case or a different field to
help you solve the issues in yours. Writing should be short and concise to avoid confusion or so you do not add information that isn’t necessary to helping your case. Most times lawyers have their own cases to worry about and making your point quickly and your needs apparent can help you greatly. That was another problem, writing fluff. It isn’t the length of your paper that matters but the content in the paper that matters most. I will admit I have fallen victim to writing fluffy papers that seem to go nowhere just to make the paper requirements. However as I later realized it is also a sign that you may not know what you are talking about and that is bad. Throughout my life I began to be more invested in the material I was learning so I could write more about the topics.
“Legal Writing.” LII / Legal Information Institute. N.p., n.d. Web. 26 Mar. 2014.
Being a lawyer is tricky, since just knowing the law isn’t always enough it seems. You need to appear professional, while being precise and clear as well as juggling the need to be diplomatic.
All in all you would need some pretty formidable communications skill, which isn’t a skill that can be easily taught in a classroom setting.
Good luck in your law studies.
I love how you described the complexities of writing in law. It doesn’t occur to a layperson that a lawyer is SUPPOSED to speak in two different registers depending on if it’s another lawyer or a client they’re working with (er, write in two different registers). This seems to be something a lot of lawyers fail to do efficiently because I’ve always heard about lawyers talking in riddles and rhymes of legalese. So it’s quite interesting to be reminded that this is, in fact, a very difficult thing to do effectively.
[[P.S. There’s a typo in the first paragraph, “strait to the point”]]
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