A quick guide to

Better legal writing

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Table of contents

Introduction..................................................................................................2

Effective legal writing..................................................................................3

Editing for legal professionals..................................................................12

Mastering typography...............................................................................14

Legal writing hacks...................................................................................17

More resources for legal writing..............................................................24

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Introduction
Writing. It’s the main currency of the legal world, the bane of many an existence, and the
primary way in which so many of us communicate, in and out of the industry.

Just when did legal writing become so verbose and complicated?

To the lay person, legal writing can seem a bit intimidating. Latin phrases, industry-spe-
cific terminology (e.g., “interpleader” or “replevin”), and long-winded prose all contribute
to this perception.

There are many potential reasons for the convoluted nature of legal writing. Some
attribute it to early payment-per-word agreements, others to efforts to complicate the
proceedings to require an attorney’s perspective. In other instances the goal is thought
to be to ensure that no misinterpretation of the text was ever possible. In any case, the
legal profession has long lived up to its reputation for wordiness.

Yet legal scholars have been calling for brevity and simplicity for centuries. Thomas
Jefferson even wrote in 1817: “We lawyers say everything two or three times so that
nobody but we of the craft can untwist the diction, and find out what it means…”.

Arguably, in today’s high-tech world, where legal documents are increasingly likely to be
read on-screen rather than on the printed page, conciseness and clarity have never been
more important.

Fortunately, there are a handful of useful writing strategies that will help you meet these
lofty goals.

**Note: Unless otherwise specified, where instructions are listed for Microsoft Word,
the version referenced is from 2016, though instructions will be very similar in previous
versions back to 2007).

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Effective legal writing

Intro to eFiling

The value of plain English

“Any profession has its jargon… I can’t bear it. I don’t even like legal Latin. If you can say
it in plain English, you should.”

- Ruth Bader Ginsburg, U.S. Supreme Court Justice

Sometimes, it seems as if the writers of legal briefs, case law, or an everyday insurance
policy are claiming a subtle superiority by using arcane language that only a lawyer
could love.

Bryan Garner described this phenomenon in his book, “The Elements of Legal Style”:

In legal writing, jargon consists mostly of stilted words and

phrase blemishes, not graces — such as aforesaid, arguendo,
hereinafter… Most hoary legal phrases have little or no substan-
tive purpose. They sometimes mar the substance by suggesting
precision where in fact an ambiguity lies.

The remedy to this dilemma, of course, is to focus on using plain English in lieu of “legal-
ese.” One of the simplest ways to do this is to refrain from using redundant couplets (or
worse, triplets!). Why say “null and void” when just “null” would do? Why write “convey,
transfer and set over” when just “convey” would do? A tiny handful of these phrases
exist in statute (and should therefore be retained) but the vast majority serve little or no
purpose. Cut them out.

Of course, all professions have their specialized jargon, doctors, scientists, engineers,
and beyond. When it comes to legal professionals, however, there are significant bene-
fits to writing in plain English. Here are some of the most important:

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Plain English improves clarity

Legal writers’ fondness for archaic language is the antithesis of clear and concise com-
munication. Consider this example, also from Garner’s “Legal Writing in Plain English”:

The Undersigned hereby extends said lien on said property until

said indebtedness and Loan Agreement/Note as so modified
and extended has been fully paid, and agrees such modifica-
tion shall in no manner affect or impair said Loan Agreement/
Note or the lien securing same and that said lien shall not in any
manner be waived, the purpose of this instrument bring sim-
ply to extend or modify the time or manner of payment of said
Loan Agreement/Note and indebtedness and to carry forward
the lien securing same, which is hereby acknowledged by the
Undersigned to be valid and subsisting.

Confused? Most readers would be. However, with a few simple edits (and the addition
of a name), it’s possible to maintain the same legal meaning but in a way that is clear to
almost all readers:

Williams extends the lien until the Note, as modified, has been
fully paid. The modification does not affect any other terms of
the Note or the lien, both of which remain in force.

Nine times out of ten, the process of focusing on clarity improves the substantive con-
tent of the document.

Plain English benefits clients

Poor writing is not only confusing to clients, it may anger judges – thus, putting a client’s
case in jeopardy. For example, in Kuzmin v. Thermaflo, Inc., (E.D. Tex. May 20, 2009),
a judge admonished an attorney for a sub-par filing, concluding that “by submitting a
poorly written brief, the attorney fails the Court as well as the client.”

Verbose writing not only jeopardizes cases, it wastes time. Indeed, in his book “Writing
for Dollars, Writing to Please,” Joseph Kimble detailed several studies demonstrating

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how obscure and unclear legal writing leads to unnecessary lost time through longer
meetings, additional phone calls, and hours spent explaining what ought to be clear.

So, when you set out to edit your own work, think about how the words on the page are
going to impact the time spent by you and your clients.

Plain English benefits you

Writing concise legal documents gives clients, judges, and colleagues a good impres-
sion of you and your firm. People like plain English and, as we all know, happy clients are
more likely to give you repeat business. Clients who feel like they understand what has
been happening at every stage of their engagement are also more likely to refer busi-
ness to your firm.

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Be aware of your audience

Lawyers write for a variety of audiences. Briefs are written to be submitted to the court
and read by court officials. Letters and emails may be sent to clients or opposing coun-
sel. Contracts are written for businesspeople.

Each of those situations (and countless others) call for different tones, levels of for-
mality, and use of particularized language. The effective legal writer knows this and
can change her writing to match any situation. Shifting voice, style, language, and more
make your arguments more impactful by making them more accessible to the specific
reader.

When it comes to legal writing, few people have more authority than Lord Neuberger.
The President of the Supreme Court of the United Kingdom, says a clear structure is vital
if writing is to be easily understandable.

Memos, motions, and arguments should all follow the same clear format, he says: an
introductory summary that states the document’s conclusion, statement of the applica-
ble rules, analysis of the case’s specifics, and a conclusion.

Follow a clear structure

Anyone who attended law school will recognize this advice as a version of the F.I.R.A.C.
method of composing an essay exam response – Facts, Issue, Rule, Application, and
Conclusion. Consistent application of these structures will ensure that your legal writing
remains clear and persuasive.

Additionally, Neuberger advices that legal writing should have clear paragraphs
(each focusing only on a single topic) and be broken up with meaningful headers and
sub-headers. This allows the reader to quickly identify the most relevant sections.

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Use the active voice

Like most legal scholars, Eugene Volokh of UCLA Law School advises legal profession-
als to use the active voice. This makes your writing more compelling and clarifies your
message. You will make more of an impact by getting straight to the point and clarifying
the meaning of your sentence. Consider these two examples:

“The lawyer was admonished by the court for his poor legal writing.” (Passive)

“The court admonished the lawyer for his poor legal writing.” (Active)

The second sentence is not only more concise, but it also keeps the focus on who (the
court) is doing what (admonishing the lawyer). This helps readers navigate quickly
through your writing with a greater level of comprehension. If you’re still confused, take
this advice of this sage Twitter user:

Avoid ambiguous pronouns

An ambiguous pronoun occurs when a pronoun may refer to more than one antecedent
(a prior word in the sentence), leaving readers uncertain as to your intended meaning.
This error is also sometimes called an unclear antecedent.

Consider the sentence: “Laura has a letter for Diane but couldn’t deliver it because she
was blocking her way.” Who was blocking whose way? This sentence is confusing for
the reader because they have to think carefully about who the pronoun is referring to
and could easily misunderstand the overall meaning .

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It’s best to rephrase sentences containing pronouns like “her” and “him” to make it clear
which pronoun refers to what. For example: “Laura has a letter for Diane, but couldn’t
deliver it because Petra was blocking Laura’s way”.

Don’t be too wordy

Nobody has to read more voluminous legal writing than the Supreme Court Justices.
Thus, it’s a good idea to follow their advice on how to be an effective legal communica-
tor. Justice Stephen Breyer has some sage words about wordiness:

Don’t try to put in everything. Use a little editing. If I see something 50 pages... I’m going
to wonder, Did she really have to write that 50 pages? I would have preferred 30. And if I
see 30, I think, Well, she thinks she’s really got the law on her side because she only took
up 30.

In other words, being concise can make your point more believable.

Think about this concept from the viewpoint of the reader. A legal document that can
convey its message in as little space as possible is more useful than one that rambles
unnecessarily. When you have something to say, get to the point. Inflating your sen-
tences and paragraphs with unnecessary words or pointless filler only obfuscates what
you’re trying to say and frustrates your reader.

Be wary of deadweight openers

Ross Guberman, a lawyer and award-winning journalist, counsels that in order to be

more concise, you should avoid deadweight openers such as however, additionally,
accordingly, etc. and replace them with thus, so, but, and also.

To drive this point home, Guberman turns to the writings of Supreme Court Chief Justice
John Roberts, who is a master of avoiding the deadweight opener. Guberman does this
by contrasting Justice Roberts’ writings with the heavy dependence on deadweight
openers exhibited by a typical lawyer:

Typical lawyer:

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However, the EPA cannot claim that ADEC’s decision was “unreasoned.” In addition, the
EPA cannot assert that ADEC’s determination in any way results in emissions exceeding
national standards or permitted increments.

Roberts:

But the EPA cannot claim that ADEC’s decision was “unreasoned.” Nor can the EPA
assert that ADEC’s determination in any way results in emissions exceeding national
standards or permitted increments. (Petitioner’s Brief, Alaska v. EPA)

Though the changes are slight, Roberts’ writing is simply easier to read. This, of course,
makes for a happy reader with a better understanding of the message you’re trying to
convey.

Keep track of your homophones

Modern computer spellcheckers are relatively effective at spotting incorrectly-spelled

words and particularly egregious grammatical errors. Unfortunately, most still struggle
to spot homophones (those annoying words that sound the same, but have different
meanings) when they’re spelled correctly but used out of context.

We have compiled our own list of commonly misused legal words, including:

Imminent vs. Eminent

“Eminent” means famous and respected within a particular area or profession, and
“imminent” means about to occur. Think I-M-M = “immediate” and “imminent.”

Ensure vs. Insure

To ensure is to make certain or sure of. To insure is to guard against loss, and is most
frequently used in the sense of “insurance.”

Emigrate vs. Immigrate

Many folks don’t know if they’re coming or going—and that’s the trouble here, as well.
The verb “emigrate” is always used in connection with “from,” and “immigrate” is always

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used with “to.” Think of it as directional… emigrate is to come from somewhere, and to
immigrate is to go to somewhere.

Forego vs. Forgo

“Forego” means to precede in place or time or to “come before.” The word “forgo” means
to reject or to omit or decline to take (something pleasant or valuable) … to “go without.”

Less vs. Fewer

Can you count it? If so, use the word “fewer.” Save the word “less” for uncountable
nouns.

Don’t nominalize
Verb/noun interchange is very common in legal writing and is referred to as “nominaliza-
tion.” Nominalization refers to a verb used as a noun. For example, “act” becomes “take
action” or “assume” becomes “make assumptions.” It’s almost always unnecessary to do
this, however. Make your writing more crisp and direct by cutting these nominalizations
out wherever possible. For example:

Nominalization: “The implementation of the plan by the team was successful.”

Verb: “The team implemented the plan successfully.”

Proofread, proofread, proofread

It’s not uncommon to work on a piece of writing for so long that you begin to get sick of
the sight of it.

If possible, it’s often best to have a second person proofread important documents. If
you don’t have anyone around to do that for you, take a short break (at least 30 minutes)
and then return to the document.

If you’ve worked on the piece exclusively on your computer, try printing the document
and proofreading it on paper with a pencil. Better yet, read the document out loud to
yourself. If you stumble over a sentence when reading aloud, there likely are better ways
to write that section to improve readability. 

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Which brings us to another important aspect of legal writing...

Legal writing skills can only be as strong as one’s ability to edit. To begin advancing in
not just the ability to generate new content, but also to improve things that have already
been written (by yourself or someone else) integrate some of the following consider-
ations into your process.

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Editing for legal professionals

Indeed, the importance of writing and editing to legal work is indisputable, but improv-
ing your skills in this area isn’t easy. How should you go about honing your editorial
abilities?

That’s right – notwithstanding the great importance of grammar and style in your work,
try focusing on meaning first. Even if your grammar is impeccable, if your ultimate point
is not conveyed clearly, the reader will be lost.

Concentrate on meaning, first

Be sure that key arguments, ideas, and narratives are all laid out for the reader to find (if
you’re confused about how to present these components, turn back to the concept of
F.I.R.A.C., discussed above).

Once you’re sure the document captures all the intended meaning, focus on grammat-
ical considerations like the consistency of verb tenses, parallel verb forms, and proper

Examine grammar and parts of speech

diction, ensuring there are no misused words. The correct use of prepositions and other
transition words are also an absolute must.

Cheatsheet: Check out this free checklist from Grammar Girl – it’s even in printable PDF
form.

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Check for nitty, gritty accuracy

In addition to grammar, edit the document with a fine-toothed comb to make sure there
are no misspellings, errant repetition of words, missing or misplaced words or letters,
and that all details like names, addresses, and numbers are correct.

Look for consistent styling and formatting

Style and format elements include font style and size, page numbering, spacing, use of
headings and subheadings, and the like.

Take a break

One of the best things you can do for any piece of writing is to give yourself a break from
staring at it, especially if you were its original author. When you feel your eyes begin to
slide along the page rather than truly taking in the words and appearance, put down the
pages! Go for a walk, complete a more tactile task, get some coffee, or otherwise dis-
tance yourself from the writing.

You’ll find yourself more willing to review and more perceptive of errors, too, if you take
some time away.

Collaborate

When collaborating with colleagues on documents, you may want to use the track
changes function in Microsoft Word, or “suggesting” mode in Google Docs, and make
comments whenever appropriate in both applications.

This lets colleagues visualize your suggested changes, and possibly explain your rea-
soning for some of the edits.

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Mastering typography
“Typography matters because it helps conserve the most valuable resource you have as
a writer — reader attention.”

So says Matthew Butterick, a graphic designer-turned-lawyer who has authored a book

called “Typography for Lawyers.” His book seeks to bust several presentational myths
that persist in the legal profession, and also suggests the ways legal documents can be
made easier to read.

For the majority of legal professionals, fonts, the size of subheadings, and the spacing
of paragraphs isn’t a primary concern. Nonetheless, since the purpose of legal writing is
often to persuade or to convey important information, it’s essential that it is easy to read
and understand. Here, typography matters almost as much as content.

That’s because a badly formatted page requires the reader to devote their energy and
attention to the mechanics of reading rather than the ultimate message. Today, with
many important documents electronically filed and only read on-screen good typography
matters more than ever.

Choosing a font

There are still a handful of courts that insist all filings be in

Courier font (the one that looks like old-fashioned typewriter
letters). By way of example, while California courts do not
require Courier font, they still list it in their rules as one of
a few acceptable font-types —stating that font must be
“essentially equivalent” to Courier, Times New Roman, or
Arial (CRC, 2.105).

Courier, and other similar monospaced fonts (so named

because every character is the same width), served a
single purpose — to suit the mechanical requirements of
typewriters. They weren’t designed to be easy to read or
attractive on the page.

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So, what should you use instead? Some would argue that the most readable font is Sans
Serif (straight, with no flicks). That’s certainly true for signs, headings, and other pieces
of information that will be glanced at quickly. It’s why this type of font has been used the
world over for signage in public transit systems, for example.

There’s some evidence, though, to suggest that readers are better able to recall infor-
mation from longer pieces of writing when they’re typed in a Serif font (curvy, with tail
flicks). Times New Roman is an acceptable choice, but other system fonts (fonts found
by default in programs like Microsoft Word), such as Cambria and Georgia are better
(both, by the way, meet California’s requirements).

Give the words space on the page

Often, there’s a temptation to squeeze as much information as possible onto the page. A
big wall of text, however, isvery hard to read and difficult to stay focused on— not ideal.
The answer to readability is to embrace white space on the page.

Here are five quick ways to better utilize white space to improve readability (and all
acceptable under most, if not all, rules of court.

Break up text with headings and sub-headings

Introduce new sections with a heading or sub-heading that summarizes what’s to come.
Capitalizing each word in a header is up to you, but note that it is often easier to read
when written in sentence case.

Left align (rather than justify text)

The Chicago Manual of Style says it concisely: “Use left alignment. Full justification is
ugly and more difficult to read.”

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Use 1.5 line spacing

A healthy gap between lines vastly improves readability and makes it much easier to
scan for particular pieces of information. California’s rules state that either 1.5 or double
line spacing can be used. Double line spacing creates unnecessarily large gaps, so 1.5 is
best.

Set larger left and right margins

There are few professional publications that use letter-sized paper and small one-inch
margins. Why? Because this often results in more words per page than is comfortable to
read. California sets minimum margin sizes, which you’re welcome to exceed. Try set-
ting at least 1.5 inches left and right.

Use 13 point, rather than 12 point font

Now that eFiling is so prevalent, and on-screen reading is a real possibility, you need to
format for on-and-off-screen readers. In California, the minimum is 12 point, but a little
larger will be easier to read, especially on a smaller screen, like that of an iPad.

Be consistent
As mentioned in the editing section, if you’re going to go to the effort of overhauling
your typography for maximum readability, then it’s vital that you are consistent. Abrupt
changes mid-document or changes in fonts from one section to the next will imply a lack
of care, attention, and professionalism.

Establishing a style guide for your firm that specifies preferred margin widths, line
spacing, font styles, and so on will help achieve this. One of the easiest ways to ensure
consistency, though, is to make use of the “Styles” functionality in Microsoft Word (see
the next section). It’s crucial to learn what a style is and to set yours up according to
your firm’s preferred approach.

Styles also help to ensure consistency between staff because the same default style set
can be deployed on every employee’s’ computer.

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Legal writing hacks

Always on the lookout for ways to improve your writing and management of legal doc-
uments? We sure are. Here are a few of the tips, tricks, and hacks that aren’t directly
related to writing, per se, but do have an impact on the final document.

To hyperlink or not to hyperlink

With the overabundance of information on the world wide web, linking is a great way
to point readers to the source, to give added background or proof of your point, or just
show them something cool.

But what about hyperlinking in court documents? How do these digital files fit in with the
urge to hyperlink?

Federal and state rules

Federal courts have found hyperlinks in documents to be highly useful, allowing court
officials to verify information and access greater context.

Individual states, on the other hand, tend to be less vocal on the subject of hyperlinking.
Illinois and Indiana permit hyperlinks with certain caveats. In states like California, hyper-
links aren’t mentioned in state-level rules, and preferences may come down to a court by
court basis.

Types of hyperlinks

So exactly what are hyperlinks? When a section of words, called anchor text, is con-
nected to a different section of text or to an external piece of information, it is a
hyperlink. These include:

• Internal links

The Table of Contents is the best example of this. All documents are required to have
electronic bookmarks, and hyperlinks are used to connect the main sections and
headings to where they are discussed further down into the document. This makes

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navigating a lengthy document much easier, and is an updated version of the colored
tabs on physical copies.

• Filed attachments and exhibits

If you have filed other documentation along with the primary document, you can choose
to hyperlink to that piece of evidence. If you’re linking to evidence, it must be officially
filed as well, and should not simply exist on the web somewhere.

• Link to local rules

By linking to a local rule, you can provide an extra layer of context for your point, espe-
cially if the rule is a more obscure one.

In addition to the state requirements, there are a few best practices to follow if you
choose to add hyperlinks to your court documents.

Do not substitute

While hyperlinks can be useful, courts do not want to see them turning up as substitutes
for simply citing standard citations to law or opinions. The practice of referencing spe-
cific precedent or law is a long-standing traditional approach, and most courts do not
want to see it forsaken in place of hyperlinks.

Link to public websites

Although federal courts are more accepting of links to Lexus Nexus archives or Westlaw
database, not all courts at the state level have access to these accounts. Therefore, they
strongly prohibit linking to any website or online document that is not freely available to
the public. If you had to sign in to get to it, don’t hyperlink.

Display the full URL

Articles that are written online, like this one, hyperlink by choosing the most relevant
phrases or snippets of text to direct readers to information that is most related to those
words. However, since judges and clerks may or may not actually click through this link,
not having any information about it is less useful.

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That’s why certain states clearly specify that when hyperlinking, users must write the
entire URL out in the text, rather than putting it into other words.

This: https://www.onelegal.com/blog/
efiling-terms-every-legal-professional-should-know/

Not this: eFiling terms

This gives readers more information about what the link is actually pointing to and how
useful it would be to follow.

Again, it’s important to remember that individual courts and states may have their own
opinions regarding if and how they want hyperlinks. These are simply some of the best
practices that are starting to evolve over time. Find out your court’s stand on hyperlinks
to confirm your approach should you find it useful to include hyperlinks in your next brief.

Creating templates in Microsoft Word

In just about every role in a legal office, you’ll find yourself creating multiple documents
for clients, cases, and financial purposes. Each type of document will often require the
same format with headings, logos, font types, spacing, and more.

Create templates and save for company-wide use to keep specific designs and stylings
in place and ready to go. This one step can shave several minutes off the time it takes to
produce each document, allowing you to work faster with less chance for serious errors.

Traditionally, it’s not uncommon to “Find, Rename and Modify” old documents to input
new information. However, this leaves a lot of room for error, and there’s a high risk of
carrying over metadata from the previous file. Not to mention that this is a slow and
unwieldy process.

Here’s a step-by-step guide to creating templates that will help you work more efficiently.

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Start fresh

It can be tempting to use an existing document and build your template from there.
Resist the temptation. Format changes and inconsistencies in that document will follow
you into the next and increase the chance for mistakes.

Instead, start your template this way:

1. Click File > Save As

2. Double-click Computer or This PC in Office 2016 programs

3. Name your template

4. Choose your document type

5. Save and you’re done

Now you have a fresh, new template to begin perfecting for present and future purposes.

You can also use templates from earlier versions of Office in 2013 and 2016 by saving
the files to the Custom Office Templates folder. If you are working in an older version of
Office, use this guide for templates in Word 2003.

Formatting the default document template

When you open Word, a variety of settings are in place, including font (Calibri), size (11)
and basic margins (1” all around) on the default document. If you know that your work
documents require different settings, you can change these easily.

For default font:

Right-click anywhere on the page of your brand-new template.

1. Click Font

2. Set your preferred font style and size in the Font Dialogue Box

3. Click “Save as Default” in the bottom left corner

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4. Choose whether you want to set this as the default for this template only, or for all
documents

For default margins:

1. Click the Layout tab

2. Click the small arrow under Margins

3. Set your preferred margins

4. Select “Set as Default” in the bottom left of the dialogue box

You can open and set the Paragraph Indents and Spacing defaults the same way.

For Word 2010, use this spacing guide.

Nearly every spacing, font or style option can be set as a default, just look for the “Save
as Default” option in the dialogue box when setting your preferences.

Setting up styles

Once you have the default settings in place, you can set up your styles. The Styles func-
tion allows you to create customized format options or modify existing formats which
include font, color, and indentation options applied to headings, titles, lists, etc.

To set up the styles in Word 2016:

1. Format text the way you want, selecting font, size, color, and more

2. Select your formatted text

3. Right-click the text (the Font dialogue box will open)

4. Click the arrow next to the styles gallery

5. Choose the Create a Style option

6. Choose a name for your style and click Ok

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You can create as many styles as you need. Then when it’s time to use one type of head-
ing or text in your document, the pre-designed style is already there.

Creating styles is useful even beyond templates. Set consistent styles for any new docu-
ment by repeating the above steps and applying throughout your chosen document.

Read more about Microsoft Word Styles>>

More quick tips

• Name each template and style change you make with a highly descriptive title. For
example, if you’re a virtual paralegal juggling several clients, you’ll want to save
headings and templates based on the name of each client and the type of document
it goes to.

• If, at any point, you need to revert to the original default Word template, just look for
the Normal template.

• Use the Insert tab to add blank pages and cover pages or to modify the Header,
Footer and Page number preferences.

The vast majority of legal jobs require exceptional legal writing skills. In fact, your writing
and interpersonal skills are almost certainly the two most important elements of your
professional success.

Due to the sheer volume of written material produced by legal professionals, however
(wills, leases, contracts, pleadings, briefs, instructions, client letters, settlement agree-
ments, and so on)it’s easy for many to gloss over the fact that it’s a very difficult thing to
do well.

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More and more resources for legal writing

We’ve already referenced several of our favorite tools for legal writing throughout this
guide. Here are more of what we consider the best books, blogs, and other resources
aimed at helping you become a better legal writer.

The Lawyer’s Guide to Writing blog

Marie Buckley, a writing coach and author of “The Lawyer’s Essential Guide to Writing,”
maintains a regularly updated and insightful blog at mariebuckley.com. Her advice
covers a broad range of subjects, from design and page layout to tips for writing in plain
English. In our humble opinion, however, the most useful category is titled “Mission
Critical Stuff,”, where she concisely sets out those features legal writing must contain in
order to be successful.

Grammarly

Although it has improved in recent years, the built-in spell checker in Microsoft Word
still isn’t really up to the task. Yes, it will spot egregiously misspelled words. But when it
comes to grammar or word choice the program’s recommendations are often weird or
plain wrong.

That’s where Grammarly, a beefed-up super spell checker comes in. Grammarly checks
for spelling mistakes, of course. But it also goes several steps further and highlights
overused words, incorrectly used homonyms, and hundreds of grammar errors. If you
upgrade to the paid version, it will even point out when you’ve relied too heavily on the
passive voice and will check your work for possible plagiarism.

Grammar Girl’s daily tips email

No matter how much you practice writing, there’s always room for improvement. One
of our favorite ways to stay on top of the minutiae of spelling and grammar rules is via
Grammar Girl’s daily “quick and dirty tips” emails.

Grammar Girl, a website written by professional writer Mignon Fogarty, is a wealth of

short, friendly tips to improve your writing. The daily tips cover a wide range of grammar

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rules and word choice guidelines that even flummox experienced writers – making it a
highly useful resource.

Georgetown University’s legal writing guides

If you’re worried about the cost of all the various books and style guides mentioned
above, then check out Georgetown University Law School’s Legal Writing Center.

The guides on that site are written for the school’s students and cover subjects such as
writing concisely, citing correctly, and drafting effective briefs . Moreover, even though
the site is aimed at students, there are insights available to benefit almost all legal
writers.

The Legal Writing Prof Blog

If you’re looking for authoritative legal writing advice, you can’t do much better The
Legal Writing Prof Blog. Written by four law school professors (all members of the Legal
Writing Institute) the blog contains regular posts commenting on new legal usage and
highlights some of the best resources elsewhere on the web.

Adobe’s legal style guide

Despite being commonplace in the marketing and publishing industries, the concept of
a style guide may still be unclear to many in the legal profession. It’s a simple and useful
document that sets out the prescribed styles and standards of formatting, typography,
and so on to be used in particular circumstances.

Producing a style guide from scratch sounds like an intimidating prospect, however.
Fortunately, Adobe — a company known the world over for the clarity of its communica-
tion — have released their legal department’s style guide for all to look at (and borrow
from) under an open source Creative Commons license. It’s well worth taking a look at if
you’re looking to shore up your legal writing skills.

Garner’s Dictionary of Legal Usage

One of the first things you’ll want to do in a new style guide is to specify a “go-to” dictio-
nary for any spelling or usage disputes. There are few sources more authoritative than
Garner’s Dictionary of Legal Usage by the leading legal writing Bryan Garner.

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The most recent edition features thousands of entries, as well as illustrative quotes from
judicial opinions and leading law books. It’s a vital resource for any serious legal writer.

Butterick’s Typography for Lawyers

Another important reference point for your style guide will offer a robust set of typo-
graphical conventions. As we’ve seen here in our office, when those tedious but
seemingly never-ending typographical debates (such as whether one ought to type
one or two spaces after a period) crop up, you’ll want a book as comprehensive as
“Typography for Lawyers” to find a definitive answer.

BriefCatch

BriefCatch is an editing tool that gives you writing sug-

gestions in real time. It is also the perfect editing tool
for those with highly sensitive bosses. According to the
website, BriefCatch will “[f]lag words, phrases, and habits
that secretly bother many readers.”

Other features include notifications for inconsistent for-

matting throughout a document, lack of flow, too many
“cumbersome sentences,” or citation errors.

Hemingway Editor

This tool is intended to make your writing “bold and clear.” Using a series of color-coded
“highlighters,” the app will tell you if your writing contains things like:

(a) sentences in the passive voice; (b) unnecessarily long or complex words; (c) sen-
tences that are difficult to read; or (d) sentences that are “very” hard to read.

PerfectIt/American Legal Style

PerfectIt is a great tool for any writer. When you pair it with the American Legal Style
function, however, it becomes downright indispensable for legal professionals.

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In addition to providing the typical spelling, grammar, and consistency checks of the
other programs, this industry-specific app “includes 13,000 legal-specific checks and
only lawyers and trained legal editors would know how to look for.”

As with so many things in life, becoming a great writer of legal documents (and more)
requires persistence and practice. This guide should give you key next steps

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A guide to better legal writing