Why is legal writing so difficult?

Asked by: Garnet Jerde V  |  Last update: August 19, 2022
Score: 5/5 (6 votes)

One of the reasons the law is often written in complicated or hard-to-understand language is because of the way law develops. In the United States, we use something called stare decisis. (That's pronounced starry de-sigh-sis.) Stare decisis means that we look at past cases to help us interpret the law today.

Why is legal writing so hard?

Using center-embedded clauses is standard writing practice in legal documents, and it makes the text very difficult to understand. It's memory intensive for anyone, including lawyers,” Gibson adds. “This is something you could change and not affect the meaning in any way, but improve the transmission of the meaning.”

How do I get better at legal writing?

10 tips for better legal writing
  1. Check verb tense. A singular subject should have a singular verb and a plural subject should have a plural verb.
  2. Note word placement. ...
  3. Stay active. ...
  4. Placement matters. ...
  5. Use the Oxford comma. ...
  6. Utilize comma splices correctly. ...
  7. Avoid ambiguity. ...
  8. Aim for clarity.

Why are legal contracts so complicated?

Because most contracts are negotiated, they are often the work product of multiple authors with different agendas and styles. Lack of coordination and last minute edits all contribute to hard-to-read documents.

Why do lawyers use big words?

This is because the way a certain word or phrase is interpreted can make all the difference in a case. So, when preparing legal documents, a good lawyer tries to think of all the ways a certain word or phrase might be interpreted.

What Makes Writing So Hard?

30 related questions found

Why are lawyers Criticised for their writing?

Lawyers' written work is subject to serious scrutiny.

Legal writing gets scrutinized and criticized (not to mention satirized). Your legal documents can end up in front of multiple audiences, and each has a chance to evaluate your writing.

What is the problem of legal language?

“Many legal documents are unnecessarily lengthy, overwritten, self-conscious and repetitious. They consist of lengthy sentences and involved sentence construction. They are poorly structured and poorly designed. They suffer from elaborate and often unnecessary cross-referencing.

Why do lawyers have to be good writers?

Many lawyers have written for decades, yet their writing is still unclear and uninspiring. So it's crucial that law students and lawyers read and hear about good writing techniques and practice those good techniques.”

Is law hard to understand?

It is hard to understand the law because there are so many variations of the law and fifty different states with laws. It is harder to understand the law when the person explaining it to you is not a lawyer or worse, wrong. You don't go to law school for fun. Law school is NOT fun.

Why are legal documents so long?

The reason documents get so long is that over the years attorneys run into circumstances where something went wrong and they add terms to prevent the problem in the future. For instance, the IRS will not accept a durable power of attorney without specific language, which is now included in virtually all forms.

What are 6 tips for good legal writing?

6 Tips To Improve Your Legal Writing in Law School
  • 6 Tips To Improve Your Legal Writing in Law School.
  • Use active voice. ...
  • Write in shorter sentences and paragraphs. ...
  • Avoid using contractions. ...
  • Do not use first person pronouns. ...
  • Treat your potential readers as naive. ...
  • Leave time to self-edit and perfect your writing.

What are the skills a legal writer should have?

Although mastering legal drafting takes time and practice, superior writing skills are essential to success, and you can take steps to improve yours.
  • Remember Your Audience. Robert Daly/Caiaimage/Getty Images. ...
  • Organize Your Writing. ...
  • Ditch The Legalese. ...
  • Be Concise. ...
  • Use Action Words. ...
  • Avoid Passive Voice. ...
  • Edit Ruthlessly.

What style of writing do lawyers use?

ABA books are written for busy, practicing lawyers. The most successful books have a practical, reader-friendly voice.

Do lawyers use the Oxford comma?

Lawyers should use the Oxford comma to help avoid ambiguity. Three ambiguities may arise without this comma: Whether the two final items in a list are one combined element or separate. Whether one noun phrase modifies the others when there are two or more noun phrases next to each other in a list.

How is legal writing different from general writing?

Legal writing places heavy reliance on authority. In most legal writing, the writer must back up assertions and statements with citations of authority. This is accomplished by a unique and complicated citation system, unlike that used in any other genre of writing.

Is there a lot of writing in law school?

Law students tended to write between 26 and 100 pages total. This range accounts for about 60% of law students. Over a quarter (27%) of law students fell specifically into the 51-75 page range. But nearly one in five law students (19%) wrote over 125 pages in the previous school year.

Is everyone in law school smart?

Most everyone in law school is smart and capable, just like you. As a result, if you want to rise to the top of your class, you will need to work hard. Like most professions, being a successful lawyer is a lot of hard work and long hours.

Is a law degree boring?

Is law boring? “Yes,” says Minor. “The qualifying law degree modules are dryish, with the exception of maybe criminal and property. There is so much reading.

Which year of law school is the hardest?

The first year (1L) Most students consider the first year of law school to be the most difficult. The material is more complex than they're used to and it must be learned rapidly.

Can I be a lawyer if I don't like writing?

Legal writing is a bit like “blood and guts” and becoming a doctor. You might not see them all the time as a student, but when you do, things aren't going to work out for you if you're squeamish. Lawyers deal with words. There's no such thing as a lawyer who doesn't write.

How important is legal writing?

Legal writing is a skill. And as with any skill, you must practice to improve. Your goal is to create an easy-to-comprehend document with information that will persuade the reader that your position is the correct one. A well-written legal document is one of the most important tools in a lawyer's arsenal.

Why is correct writing so important in law?

Therefore, clear writing is crucial in legal practice – without it, cases can be won or lost. Providing concise information correctly leaves less chance for ambiguity or questions when explaining different cases to judges, other lawyers and clients.

Why is legal language different?

Legal language is different from ordinary languages

Although it follows the same rule yet it diverges from the language. It is considered peculiar and distinctive because of its linguistic structure and its usage. Legal Language that we use is full of relics from the past.

Why is legal language being different from general English?

In general, a legal language is a formalized language based on logic rules which differs from the ordinary natural language in vocabulary, morphology, syntax, and semantics, as well as other linguistic features.

How do you write in legal language?

Principles of Clear Writing
  1. Write in the active voice. The active voice eliminates confusion by forcing you to name the actor in a sentence. ...
  2. Use action verbs. Avoid words like this: ...
  3. Use "must" instead of "shall". shall. ...
  4. Be direct. ...
  5. Use the present tense. ...
  6. Write positively. ...
  7. Avoid use of exceptions. ...
  8. Avoid split infinitives.