There’s a line drawn between general content writing and more specific niches (e.g., PR writing, news writing, and even health insurance writing). However, nothing can be more difficult than legal writing due to the nature of its content.
Legal writing is often deep and complex, but it doesn’t always have to be difficult to read. Whether creating legal briefs, contracts, or policies, you must turn complicated ideas into simple ones.
This blog post covers what you need to know about legal writing and learn how to simplify complex legal concepts.
Remember, simplicity leads to better comprehension and communication. So, let’s get started!
What Is Legal Writing?
Legal writing entails writing legal content for documents, such as contracts, briefs, memoranda, and opinions.
This specialized type of writing requires a thorough understanding of the law. It also requires the ability to explain complicated legal topics clearly and concisely. Lastly, it includes the proper citation of sources with keen attention to detail.
Legal writing aims to persuade a reader—a judge, lawyer, or layperson—to accept a particular viewpoint or perform a specific action.
Legal writing applies to various areas of law, whether criminal, civil, corporate, or public. It comes in different types, such as:
- Court opinions
- Legal briefs
- Contracts
- Pleadings
- Memoranda
As a legal writer, you need to familiarize yourself with legal terminologies and principles.
For example, you must understand copyright terms when drafting a trademark contract. The same applies to writing insurance policies for contractors, where you must be aware of concepts like liability, indemnification, and subrogation. Lastly, writing legal briefs requires brevity, which means using precise words to present your arguments as clearly and effectively as possible.
Here’s the problem: Poor writing causes processing difficulty in legal writing (and in most other cases). Research shows that contracts contain features that are difficult to process:
- The use of jargon
- Passive voice
- Non-standard capitalization
- Center-embedded clauses (long, complicated sentences with a definition in the middle)
These make contracts inaccessible to ordinary people. As such, there’s a need to simplify complex concepts in legal writing. Here’s why:
- Understanding: Simplifying legal concepts improves comprehension for all readers, lawyers, and non-lawyers.
- Clarity: Avoiding complex phrasing reduces misinterpreting key legal concepts and terms.
- Transparency: Plain language in legal content increases transparency, building trust between parties.
- Communication: Clear writing conveys complex legal matters to non-legal audiences like juries.
- Accessibility: A straightforward writing approach in the legal field promotes an accessible system.
- User-friendliness: Simplified writing makes legal documents, contracts, and policies easier to read and digest.
- Efficiency: Eliminating unnecessary legalese improves efficiency in reading and understanding, resulting in prompt action.
- Respect: Turning complex concepts into simple ideas shows respect for the readers, whether legal or non-legal professionals.
- Credibility: Skilled simplification enhances a professional’s credibility as a legal writer or communicator.
- Compliance: Some jurisdictions require plain and simple language, which allows lawyers and clients to easily and quickly comply with legal requirements.
In the next section, learn some practical ways to turn complex legal concepts into simple ideas.
Why Should You Learn Legal Writing?
It’s best to learn legal writing, whether you’re a lawyer or a content writer. Not only does it allow you to write effective legal content, but it also presents tons of opportunities. Here’s why you should consider doing so:
- Clear communication: Legal writing promotes accurate information and clear communication. It reduces misconceptions and ambiguities in legal documents.
- Effective persuasion: Legal writing lets you create persuasive arguments for legal content. That will persuade judges and affect the result of cases in your favor.
- Professional competence: Mastering legal writing improves your capacity to understand and communicate legal issues. As such, it demonstrates your knowledge and professionalism.
- Client trust and confidence: Clear and accurate legal writing promotes client trust. That encourages them to use your services and refer others.
- Courtroom success: Judges favor submissions that are straightforward, concise, and well-argued. You’d have a greater chance of winning legal cases!
- Legal compliance: Accurate and honest legal writing guarantees that legal and ethical standards are followed. Hence, it sustains the legal profession’s integrity.
- Increase in income: Legal writing is one of the most lucrative niches for freelance writers. Top professionals charge up to $66 per hour!
How To Simplify Complex Concepts in Legal Writing
Legal writing demands legal knowledge, skills, and expertise. However, it requires clarity, conciseness, and engagement. Whether you’re drafting contracts, policies, or other legal documents, keep the ideas clear and simple for effective communication.
That said, here’s how to turn complex concepts into simple ideas in legal writing:
1. Use plain and simple language
Start by getting rid of legal jargon that only lawyers can understand. Simplify your writing by using words or phrases that everyone understands. Legal jargon and complex sentences tend to confuse and alienate your readers.
Axel Lavergne, Founder at ReviewFlowz, has their fair share of communication barriers due to operational terms in the legal field. When they were starting, they had to consult lawyers to deal with business registration, software licensing, and other legal matters.
Lavergne argues, “It’s easy to see how legalese creates an unnecessary barrier between parties by making legal paperwork too complicated. Using plain and simple language promotes understanding and builds trust among all parties involved.”
Lavergne suggests the following legal writing tips for effective communication:
- Avoid legal jargon. Replace technical terms with ordinary ones used in everyday communication.
- Use everyday language. Write as you would speak to friends, relatives, or coworkers.
- Shorten sentences and paragraphs. Divide big, confusing thoughts into smaller, more digestible pieces of information.
- Use an active voice. Instead of using a passive structure, highlight who or what performs the action.
Here’s an example:
| Instead of: The court should grant the motion to dismiss because the plaintiff failed to state a claim that can be legally enforced. The complaint does not show that the defendant breached any duty owed to the plaintiff. Therefore, the defendant requests the court to dismiss the case with prejudice, ending the legal action permanently. Edit to this: The court should approve the request to dismiss this case because the plaintiff did not provide a valid legal claim. The complaint does not show that the defendant did anything wrong. Therefore, the defendant asks the court to dismiss the case completely and permanently. |
2. Organize information cohesively
Accurate data and reliable information are crucial in legal writing. But what good are they when the message you convey isn’t clear? What better way to avoid this than to organize your ideas cohesively?
Jonathan Feniak, General Counsel at LLC Attorney, claims that legal concepts can be complex in nature. In their law firm, however, they seek to help clients launch their business by navigating legal matters. He believes that effective organization of information is key!
Feniak explains, “Legal communication can be quite confusing, even in plain and simple language, if not properly arranged. Organizing content in a logical format is critical for better understanding and comprehension. A unified flow makes it easier for readers to understand complex ideas.”
Feniak offers some effective strategies for organizing complex information in legal writing:
- Start with a simple introduction. It provides a clear context by giving an overview of the topics to be covered.
- Use headings and subheadings. They help organize the information into logical sections and subsections.
- Create clear and logical outlines. Before writing, plan out the sequence and interrelation of ideas.
- Use lists and bullet points. They help convey sequences, steps, examples, or components in an ordered visual format.
- Provide a summary or conclusion. It reinforces key takeaways, highlighting the significance of the complex content presented.
Here’s an example:
| ABC Corporation has updated its employee handbook to comply with recent labor law changes. The revised handbook clearly outlines employee rights, responsibilities, and company policies. It also provides guidance on workplace conduct, safety protocols, and grievance procedures. This reflects the company’s commitment to a positive and inclusive work environment. |
3. Provide context through explanation
Even with simple language and an orderly framework, complex legal topics can be confusing without proper context. Providing enough explanation helps your readers understand the meaning and significance of your legal content.
Mark Pierce, CEO of Wyoming Trust, underscores the importance of providing context in legal writing. When working with clients who plan to start an LLC, they don’t just create legal content but help them understand what they mean.
Pierce continues, “Legal writing involves more than just explaining legal jargon. True mastery comes from providing your audience with context to comprehend why the complications exist in the first place. By doing so, they will understand the legal implications and can make informed decisions.”
Pierce recommends the following legal writing tactics for providing context and explanation:
- Define terms and concepts. Begin by clearly explaining definitions and principles.
- Provide background information. Give readers enough context to comprehend the origins and purpose.
- Use examples and illustrations. Use examples and pictures to make abstract ideas more concrete.
- Explain the rationale behind legal arguments. Cover the reasons for underlying legal arguments rather than simply state the law.
Here’s an example:
| Parties: This employment contract (“Contract”) is entered into between [company name], hereinafter referred to as the “employer,” and [employee name], hereinafter referred to as the “employee.” Context: This contract establishes the terms and conditions of employment between the employer and the Employee. The employee is being hired for the position of , with duties including [brief description of duties]. Terms: Position and Duties: The employee agrees to perform the duties associated with the position of [Job Title] to the best of their abilities and in accordance with company policies and procedures. Term of Employment: The employee’s employment will commence on [start date] and will continue until terminated by either party in accordance with the provisions of this contract. Compensation: The employee will receive a salary of [salary amount] per [pay period], payable on [payment schedule]. The employee’s salary is subject to deductions required by law. Benefits: The employee will be eligible for [list of benefits, such as health insurance, retirement plans, etc.] as per the company’s policies. Confidentiality: The employee agrees to maintain the confidentiality of any proprietary or confidential information belonging to the employer, both during and after employment. Termination: Either party may terminate this contract upon [number] days’ written notice to the other party. The employer reserves the right to terminate the employee’s employment for cause, including but not limited to violation of company policies or misconduct. Governing Law: This contract shall be governed by and construed in accordance with the laws of [jurisdiction]. |
4. Use visual aids and references
Simple, clear, and cohesive legal content might not be enough since blocks of text can be quite overwhelming to read. Incorporating visual components lets you deliver complex ideas in a more digestible and engaging way. The suitable graphics reinforce key facts while helping readers mentally sort and quickly understand concepts.
You can leverage the best AI graphic tools for writers to create and add visual references to your legal documents. Below are types of visual aids you might want to consider:
- Charts and graphs: They are handy for displaying quantitative data, valuable statistics, and industry trends at a glance. You can meaningfully show facts and figures using simple bar charts, line graphs, and pie charts.
- Tables and diagrams: They visually represent processes, hierarchies, or interrelated pieces. You can use flowcharts, decision trees, and organizational charts as effective explanatory aids for your legal documents.
- Infographics: They combine pictures, statistics, and minimum text as self-contained storytelling tools. They simplify complex ideas into fascinating, easily shareable, and memorable legal content.
Here’s an example:
| This document is an Environmental Impact Assessment (EIA) report for the proposed construction project at [Location], in compliance with the Environmental Protection Act (EPA). It includes visual aids like maps and photos to show potential environmental impacts on air, water, and biodiversity. Scientific studies and regulatory requirements are referenced to support recommendations. Feedback from stakeholders during public consultation will be considered to ensure environmental concerns are addressed. |
5. Edit and proofread your work
As with any piece of writing, you must edit and proofread your content. Editing and proofreading should be a part of your simplification legal writing process. Reviewing with a critical eye lets you identify any remaining areas of complexity and guarantee that your work is error-free.
For your reference, here’s the difference between editing and proofreading:
- Editing: It entails improving your content’s overall quality, flow, and clarity. As an editor, you check for logical arrangement, conciseness, and compelling visuals.
- Proofreading: While editing addresses major content issues, proofreading focuses on correcting tiny faults in spelling, grammar, punctuation, and layout. A good proofreader can notice and fix even tiny errors.
Don’t worry, as you can use essential grammar tools and resources. Grammarly, for example, allows you to edit your legal content to eliminate grammatical errors. Also, Hemingway helps you improve your content’s readability. Lastly, various AI tools like ChatGPT are at your disposal, assisting you in content outlining, research, and creation.
6. Seek feedback for content revision
It’s best to seek feedback for improving legal content. Even after self-editing, having an external opinion is crucial for improving your legal writing. An objective set of eyes can spot areas lacking clarity or needing simplicity you might have overlooked.
Derek Pankaew, Founder of Listening.com, believes that “the ability of a non-lawyer to grasp legal writing is the fundamental test of its clarity. If legalese continues to confuse your readers, you need to simplify even more. Ask non-legal professionals to read your content and make some adjustments when necessary.”
Here’s what you need to do, as recommended by Mariotti:
- Getting feedback from non-legal professionals. Share your work with others outside the legal industry to see if complicated concepts are understandable. Their fresh perspective identifies areas that require more explanation.
- Revise for clarity and conciseness. Based on criticisms, revise portions that still include excessive jargon or complications. Write as clearly and concisely as possible.
Master the Art of Effective Legal Writing
Mastering the art of legal writing is crucial in the field of law. Whether drafting briefs, contracts, or policies, you must balance precision and clarity. But when done effectively, you’ll reap several benefits, from fostering understanding and clarity to ensuring credibility and compliance.
Consider the six practical ways recommended above to simplify complex legal writing concepts. Start by using plain and simple language and end with getting feedback for revision. Likewise, organize legal data, provide proper context, and leverage visual references. Lastly, remember to edit and proofread your legal content.
With the best practices in place, you can keep your legal content simple and understandable to everyone. Master the art of effective legal writing and see how your legal communication gets more explicit, precise, and impactful!
Photo in featured image credit: https://depositphotos.com/
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