Why Legal Writing Matters in CLE
Continuing Legal Education (CLE) is an essential aspect of the legal profession that ensures legal professionals are continuously developing their knowledge and skills throughout their careers. It encompasses a wide range of topics, from learning about new laws and regulations to enhancing legal analyses techniques. With the digital age in full swing, legal writing is often the primary form of communication and information sharing for CLE.
Legal writing in the context of CLE allows for practitioners to better understand new developments and to apply and convey these insights in a clear and understandable way to their clients. Conferences, for example, often involve the use of printed or electronically distributed materials, and a strong written component is crucial. For many presenters in the field of law, a ‘paper’ is often a key component of their presentations. It’s therefore imperative that those involved in CLE focus on clear, concise, and effective legal writing to help convey their insights in a manner that is accessible to others.
When looking at CLE from the perspective of the learning professional , taking into consideration what to impart through legal writing becomes crucial in determining how to teach a developing skill from the perspective of modern instruction strategies, which focus on active engagement with the material rather than a passive intake of information. Online and blended learning environments are very conducive to the active learning process through legal writing, and can include various strategies, such as using wikis or collaborative notepads to work on texts together, or leveraging discussion boards to review and analyze writing. Teaching legal writing in a collaborative manner is often more well-received than a traditional lecture format, and can help students to retain the lessons being taught.
In the legal profession, it’s vital that practitioners are continually honing their writing skills, as even the smallest lapse in drafting can have significant implications on a case. In CLE education, active strategies and an emphasis on legal writing are integral to the process of ensuring that those in the profession are able to best utilize technology and digital formats to disseminate new information and enhance understanding of the subject matter.
The Key Elements of Legal Writing
To say that legal writing is challenging is an understatement. Even the most seasoned lawyers from the highest-ranked law schools struggle with it, so there is no further need for me to belabor the point here. Arguably, it is the most difficult of the six skills tested on the bar exam. Consequently, this is why Continuing Legal Education (CLE) courses, such as the University of Maryland School of Law’s, focus so heavily on legal writing. While I don’t pretend to know the reason for this, I would imagine that one key reason is the fact that legal writing skills are not "taught" in law school. Yes, there are legal writing classes in law schools, and my sense is that most law schools have adapted their writing programs to the current testing format. However, the reality is that the vast majority of incoming first-year law students have never prepped for writing exams before attending law school. So, as far as legal writing instruction in law schools go, they are not hooked into the bar exam, and as is often the case, they will be taught something different in law school, and then taught yet another thing when they attend a bar review course. With that said, the following is a quick summary of the three core components to effective legal writing – clarity, precision, and persuasiveness – and why they are emphasized in CLE courses.
As an example, the rules of clear writing consist of several criteria, including conciseness, simplicity, continuity and transition, focus, specificity, consistency, and sense. Ultimately, clarity is achieved when your writing is not simply clear (which by itself is not enough), but easily grasped by the reader. In short, clarity is defined as "clarity of thought is clarity of expression. Clarity of expression is a product of good reasoning and logical analysis."
In short, precision commands mastery over the precise moment and use of words in your writing. Finally, persuasive legal writing captures the reader’s attention and encourages them to act, particularly if the subject matter is is controversial. Tellingly, persuasive writing is rarely used in legal brief writing because the use of a certain level of "excessive" persuasion can be viewed as improper or usuperting the role of the judge. Of course, this is not an absolute, since persuasive writing is often used in appellate briefs. As I noted above, some of these elements often overlap or are interdependent, and persuasive writing is the quintessential example of that. Writing clearly is part and parcel of persuading a reader, and the more concise and precise your legal writing, the easier it its going to actually persuade the reader to act in the way you wish them to. Readers often view persuasive writing in the same way as they view good speech or dialogue in a play or movie – the writer has to rope you in and keep you engaged. Legal writing is no different – the better writers paint a vivid picture about an event that occurred or is in the process of occurring so clearly that you can visualize it in your mind. If your writing is relatively "flat," readers can just tun out your work.
Selecting the CLE Courses that Cover Legal Writing
When it comes to selecting legal writing CLE courses, attorneys should carefully consider a number of factors. From the content of the course to the format and delivery method to the reputability of the provider, you have to be sure the course is both worthwhile and credible; otherwise, you are just wasting your time and money. Consider course content first, and make sure it meets your professional needs. According to the American Bar Association, you can use continuing education hours to fulfill your writing requirements, so be sure to invest your time and money into the most useful courses, which should focus on the elements of language, punctuation, grammar, and semantics; on improving the persuasive impact of your writing and on increasing efficiency, brevity, and conciseness. Proper attention should also be paid to legal drafting as well, including pleadings, motions, briefs, and correspondence.
When evaluating CLE course content, the format and delivery method are also something to consider. You want to be sure the content is expertly presented so you will come away from the course prepared to put the skills into action in your practice. Just as important is whether you are learning in person or online—all online courses are not the same. Look to reputable providers who have made a name for themselves over the years, and that have national name recognition. Today’s online learning is convenient, but offers classroom-like interactivity, and the courses should have professional production quality that improves retention, as well as an experience that is easy and enjoyable. If you keep the above factors in mind as you try to select the best CLE courses for legal writing, you can be sure the course will be worthwhile.
Becoming a Master of Legal Writing
The pinnacle of legal writing proficiency can be attained only after a solid foundation in the fundamentals. The advanced legal writing skills cultivated by experienced legal professionals through CLE courses include drafting complex legal documents and utilizing technology to enhance the effectiveness of their writing.
When embarking on the path to mastering legal writing, lawyers, judges and legal administrators will cultivate certain advanced skills that will aid them throughout their careers.
The single most advanced legal writing skill to cultivate is the ability to draft complex legal documents. This is the ultimate test of one’s legal writing ability. To master the ability to do this, it is first important to understand the basic elements of drafting a legal document. Proper legal writing requires mastery over constructing sentences and paragraphs. The structure of sentences and paragraphs is one of the building blocks of legal writing. These building blocks come together to form well-structured legal documents.
At some point, an experienced legal writer will be called upon to draft a complex legal document such as a brief, memorandum, pleading or opinion. This involves combining all of the elements of a well-structured sentence and paragraph into a cohesive whole. There are certain types of legal documents that are more complex than others.
In addition to drafting complex legal documents , it is also important for legal professionals to know how to utilize technology in their legal writing. For instance, the ability to work with legal and general research databases is now essential. Much of legal writing is informed by legal research. This is true for the brief you drafted yesterday and will no doubt be true for the brief you will draft next week. Legal and general research databases are utilized to conduct legal research.
Technology is being further integrated into the legal research process, and this is also beginning to affect legal writing. Legal professionals may begin utilizing programs that utilize artificial intelligence to streamline the legal research process. This is often referred to as predictive legal research. While these programs can cut down on time spent conducting legal research, they also require lawyers and other legal professionals to learn new skills.
As discussed above, the advanced legal writing skills cultivated by experienced legal professionals through CLE courses include drafting complex legal documents and utilizing technology to enhance the effectiveness of their writing. The foundation of solid legal writing is the mastery of two fundamental skills. The first of these skills is the ability to construct sentences and paragraphs. The second essential skill is the ability to draft complex legal documents.
Top Resources to Improve Legal Writing Via CLE
A myriad of resources are available to help you put the tips and tricks found in CLEs into practice. To make getting your points across to clients and judges as clear and convincing as possible, consider the following:
ALWD Citation Manual, by Darby Dickerson
This citation manual was first published in 2006 as the Association of Legal Writing Director’s (ALWD) 3rd edition of A Writer’s Guide to Legal Analysis and Citation.
The latest 4th edition is recognized as a high-quality citation guide that is widely used in legal writing courses. In fact, it contains so much helpful information that we recommend it even if your CLE course doesn’t directly cover citation issues.
ALWD/LEXISNEXIS Citation Guides
As with other things in life, sometimes there is more than one way to accomplish a task. The ALWD/LexisNexis Citation Guides help you determine which style guide to follow in order to effectively address legal writing issues. Take a look at the 4th edition for help with cases, statutes, administrative codes and regulations, international subjects and many other citation-related issues.
Books by Bryan A. Garner
Considered one of the legal industry’s leading experts in legal writing, Bryan A. Garner earns his spot on our list of reliable legal writing resources. His influential works on the subject include:
The Elements of Legal Style – in addition to examining the elements of effective legal writing in detail, Garner also includes guidelines, practical tips, and examples from significant sources.
The Redbook: A Manual on Legal Style – first published in 1991, the 3rd edition is a practical reference for those who craft legal documents. It covers punctuation, grammar, and the nuances of legal writing.
The Chicago Manual of Style – Garner’s highly regarded book offers a practical, updated reference for legal citation. It’s based on the class work contained in the University of Chicago School of Law’s writing course, including examples of assigned reading and related materials.
A Lawyer Writes: A Practical Guide to Legal Analysis – Garner’s most practical book deals with the integration of good legal analysis and writing. It covers everything from word choice to overall methods of organizing written work product.
World Legal Information Institute (WorldLII)
Whether your CLE course is sexual harassment-related or covers construction matters, the World Legal Information Institute can supplement your knowledge. This free legal research database provides access to Caselaw Around the World, world law, and national law.
Free Online Legal Writing Workshops for Law Students
The New York Law School Library provides a list of free online workshops by legal writing professionals. These video workshops cover topics ranging from legal research to writing persuasive motions.
Visit the New York Law School Library to learn more, including steps to download and view videos using the free VLC Media Player.
The Benefits of Enhanced Legal Writing Skills to Lawyers
When legal professionals develop strong legal writing skills, it yields powerful benefits in all areas of their practice: administrative, transactional, and litigation. Good legal writing increases client satisfaction and helps to manage client relationships. It’s affordable — and will have a positive impact on profit margins. More efficient writing leads to healthy bottom-line earnings. Good legal writing improves internal relationships — with coworkers and management — and will even assist with attracting new talent.
The most obvious benefit lies in the nature of billables: the ability to generate more and better billables from more competent legal writing. It’s simple math — better productivity = more billables. It takes less time to write and review more effective and well-structured briefs, memos, and pleadings when lawyers and law staff are good at legal writing. Extra time and effort aren’t needed to clarify, proofread , and ensure overall quality. Proficiency in legal writing leads to fewer errors or weak arguments that need to be quickly and/or completely revised or redone. Time saved pays off in increased earnings.
Investing in the improvement of legal writing skills will result in fewer corrections, no second-guessing, and fewer misunderstandings in the writing of legal analyses and opinions, e.g. – reasons for defeating opposing motions or why deals should or should not be made in the transaction of deals. Better legal writing will help the writer to reduce the number of times client communications need to be re-visited in order to better explain certain issues, in order to clarify. Efficient legal writing assists the lawyer’s ability to persuade, impress, convince, and sell. Better legal writing will help the lawyer to better represent the law, the facts, and will help to win cases. More competitive lawyers are the result of the skilled legal writing they possess.