Legal drafting is more than a box-ticking exercise—it’s your chance to turn expertise into compelling, persuasive arguments. Clarity is the sharpest tool in a lawyer’s kit.
A deep dive into over 6,000 U.S. Supreme Court opinions revealed a worrying trend: these decisions are becoming increasingly complex and harder to read. This growing reliance on complicated language might be undermining their effectiveness.
Legal writing doesn’t have to drown readers in jargon. Overloading your work with specialised terms hurts your relationship with your audience—whether that’s a judge, opposing counsel, or a client. Instead, the call to action is simple: embrace plain English whenever possible, and save legalese for when precision demands it.
Further research indicates that clearer briefs are more likely to achieve favourable rulings, with this effect being more pronounced in federal US courts compared to state courts.
Here’s the real twist: plain doesn’t mean simplistic. It’s about sharp, focused writing that commands respect. Short sentences deliver impact, while convoluted structures bury your message under layers of complexity.
Convoluted:
"The plaintiff, in light of the aforementioned circumstances and given the considerations outlined in sections 4 and 5 of the attached brief, asserts that the defendant’s actions constitute a breach of fiduciary duty as defined under applicable law."
Sharp and focused:
"The plaintiff asserts that the defendant breached their fiduciary duty under the law."
Punchy sentences, powerful arguments in legal drafting
Want your writing to stand out? Streamline your sentences. Long-winded phrases and overstuffed clauses are out. In their place, adopt short, powerful sentences that stick in the reader’s mind.
Switching to an active voice is a game-changer—it shifts the focus from what’s happening to who’s doing it. The result? A dynamic, engaging argument that’s impossible to ignore.
Long-winded and passive:
"The motion was filed by the defendant in an attempt to dismiss the case based on the argument that the evidence presented by the plaintiff is insufficient to meet the burden of proof required by law."
Punchy and active:
"The defendant filed the motion to dismiss, arguing the plaintiff’s evidence fails to meet the legal burden of proof."
Precision trumps verbosity
Clarity isn’t just a nice-to-have; it’s essential. Ambiguity can derail even the strongest legal arguments. The solution? Ruthlessly edit your work. Every word must earn its place.
Precision is the antidote to misinterpretation. When your arguments are clear and concise, they’re more persuasive—and harder for opponents to pick apart.
Verbose and ambiguous:
"The defendant, by way of the actions they have undertaken and the communications they have provided to the plaintiff, has displayed a pattern of behaviour that may be construed as demonstrating bad faith in the performance of their contractual obligations."
Precise and clear:
"The defendant’s actions and communications show bad faith in fulfilling their contract."
No masterpiece was ever written in a single draft. Revision is where the magic happens. Start by refining your structure: does your argument flow logically? Next, zoom in on clarity—are your sentences concise and jargon-free? Finally, polish for grammar, style, and consistency.
The result? Writing that’s not just readable but razor-sharp.
Technology to the rescue
Struggling with clunky sentences or passive voice? Let AI tools like Grammarly or ProWritingAid step in as your digital co-counsel. These tools flag weak spots, helping you streamline your writing. Add readability checkers to the mix, and you’ll ensure your work resonates with every audience, from judges to juries.
Clarity isn’t just about better writing; it’s about better results. Whether you’re crafting a brief, persuading a judge, or reassuring a client, writing that’s sharp, precise, and engaging is your best ally. So, the next time you sit down to write, remember: clarity wins cases.
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