Clear legal writing: A practical guide for lawyers
Anne-Marie Chisnall | December 5, 2024
Picture this — your client reads your carefully drafted legal document. Instead of understanding and agreement, their furrowed brow signals confusion and concern.
Sound familiar? In today’s legal landscape, the ability to communicate clearly isn’t just a nice-to-have — it’s a competitive advantage that can transform your practice.
The hidden cost of complex legal writing
For generations, legal professionals have been trained to write in a style that focuses on ‘precision’ rather than clarity. Precision takes priority over reader understanding. And complex language is seen as demonstrating intellectual rigour.
But when legal professionals cloak their expertise in unnecessary complexity, they’re not just confusing their clients, they’re also undermining their clients’ trust.
The myth of losing precision
Traditional version of a default and remedies clause
In the event that the party of the first part defaults in making payment as hereinbefore provided, the party of the second part shall be entitled to pursue all remedies available at law or in equity.
Clear version using plain language
If you miss a payment, we can take legal action to recover the money.
Build trust through clarity
Clear communication isn’t just about making your documents easier to read — it’s about building stronger relationships with your clients. When clients understand your advice without needing a legal dictionary, they’re more likely to:
- trust your expertise
- follow your recommendations
- value your services
- recommend you to others.
Practical steps for clearer legal writing
Ready to transform your legal writing? Here are some practical steps you can take today.
Start with the documents you use all the time — perhaps your client engagement letter. Rewrite the document using the principles outlined below. You and your clients will notice the difference straight away.
Structure for scanning
Make your purpose clear at the start. Use headings, bulleted lists, and white space to make documents easier to digest and act on.
Break up long sentences
Aim for sentences that average 15 to 20 words. And only go over 30 words if you’re certain the sentence is easy to grasp on first reading.
Use the active voice
Instead of ‘The application was made by the defendant’, write ‘The defendant made the application’.
Replace legal jargon
Use plain language equivalents where you can do so without sacrificing your meaning.
The business case for clarity
Clear writing isn’t just about style — it’s about efficiency and profitability. When your documents are clear:
- clients need fewer calls to clarify questions
- team members spend less time interpreting and explaining
- negotiations move faster
- risk of misunderstanding decreases.
The path forward
Clear legal writing isn’t about following a set of rules — it’s about adopting a new mindset that prioritises effective communication. The legal profession is evolving, and those who can communicate clearly and effectively will stand out in an increasingly competitive market.
Remember: Every document you produce is an opportunity to demonstrate your expertise, build trust, and strengthen client relationships. Why not make your writing count?
Ready to transform your legal writing?
We offer practical workshops and consulting services designed specifically for legal professionals who want to enhance their communication impact. Our approach combines legal expertise with proven communication techniques to help you to:
- practise clear writing so it becomes instinctive
- create templates and processes for consistent communication
- build stronger client relationships through better communication.
Get in touch to discuss how we can help your team communicate more effectively.
Or book a place on our next Clear Writing for Lawyers workshop
Get real-world guidance on writing clearly for busy readers in the legal world. Learn how to structure and write advice that leads with the main points, is easy to read, and explains issues and consequences clearly. We’ll also show you how to get the job done faster.
Book a workshop in New Zealand Book a workshop in your time zone
Do you want a free guide to plain language alternatives to legal words? Download the free Write Legal jargon buster below. You’ll be added to our mailing list. You can unsubscribe any time.
