Legal writing is fundamentally different from other forms of writing. It's precise, structured, and persuasive. Whether you're drafting an office memo, appellate brief, or contract, mastering legal writing is essential for success in law school and practice.
Types of Legal Writing
Office Memoranda
Objective analysis of legal questions for internal use. Your supervising attorney needs to know the strengths and weaknesses of a client's case.
Structure:
- Question Presented
- Brief Answer
- Facts
- Discussion (IRAC format)
- Conclusion
Key principle: Be objective. Present both favorable and unfavorable authority.
Appellate Briefs
Persuasive documents arguing why a court should rule in your client's favor.
Components:
- Statement of the Issues
- Statement of the Case
- Summary of the Argument
- Argument (with headings)
- Conclusion
Strategy: Lead with your strongest arguments. Address counterarguments proactively.
Motion Practice
Persuasive writing to ask courts for specific relief (dismiss case, summary judgment, etc.).
The IRAC Method for Legal Analysis
Issue: Frame the legal question precisely
Rule: State the applicable legal standard
Application: Apply law to facts (most important section!)
Conclusion: Answer the issue based on your analysis
Bluebook Citation
Legal writing requires precise citation to authority. The Bluebook is the standard.
Common citations:
- Cases: Brown v. Board of Educ., 347 U.S. 483 (1954)
- Statutes: 42 U.S.C. § 1983 (2018)
- Law reviews: Author, Title, Vol. Journal Page (Year)
Tips:
- Use citation management software (Zotero + Bluebook plugin)
- Check local court rules (may differ from Bluebook)
- Consistent formatting matters as much as accuracy
Writing Process
Research First
Don't start writing until you understand the law. Use secondary sources (treatises, law review articles) to get oriented, then find primary authority (cases, statutes).
Outline Before Drafting
Structure your argument before writing. Headings should tell your story even if the reader skips the text.
First Draft: Get Ideas Down
Don't self-edit while drafting. Focus on getting your analysis complete.
Revision: Clarity and Precision
- Cut unnecessary words
- Use active voice
- Avoid legal jargon when plain English works
- Ensure topic sentences guide the reader
Citation and Formatting
Final pass for Bluebook compliance and formatting consistency.
Common Legal Writing Mistakes
1. Conclusory statements without analysis
❌ "The defendant is clearly liable."
✅ "The defendant is likely liable because [apply rule to facts]."
2. Excessive quotations
Judges want your analysis, not copied case language. Paraphrase and synthesize.
3. Burying the conclusion
Lead with your answer, then explain why.
4. Ignoring counterarguments
Address opposing positions and distinguish unfavorable authority.
5. Poor organization
Use headings, topic sentences, and transitions. Legal writing should be easy to skim.
Developing Your Skills
Law School Courses
Take Legal Writing seriously—it's the most practical class in 1L year. Consider advanced courses like Appellate Advocacy or Transactional Drafting.
Moot Court and Journals
Competitions and journal editing provide intensive writing practice and feedback.
Practice, Practice, Practice
Every memo and brief is an opportunity to improve. Seek feedback from professors and practicing attorneys.
Resources
- The Bluebook: A Uniform System of Citation
- Bryan Garner, The Redbook: A Manual on Legal Style
- Eugene Volokh, Academic Legal Writing
- Ross Guberman, Point Made: How to Write Like the Nation's Top Advocates
Legal writing is a skill you'll use throughout your career. Invest time now to develop precision, clarity, and persuasive power.
