Legal Writing Rules
May 7, 2025 2025-05-22 9:15Legal Writing Rules
Legal Writing Rules
Welcome to the Making Law Notes page.
IWhy Legal Writing Matters
Legal writing is the backbone of success in law school and legal practice. Unlike casual writing, legal writing must be clear, structured, precise, and based on legal authority. Whether you're answering an exam question, drafting a client memo, or writing an essay, your ability to communicate legal ideas in an organized and professional way can make all the difference.
Unfortunately, many students struggle with legal writing because they treat it like regular English — but law has its own style, rules, and expectations. That’s why mastering legal writing techniques early is essential for standing out as a law student and future lawyer.
Below are 10 essential rules that every law student should follow to improve their legal writing and develop a strong academic and professional legal voice.
1. Be Clear and Concise
Legal writing should be understood in the first reading. Long, complex sentences or flowery language may sound intelligent but often confuse the reader. For example, instead of saying:
“It is noteworthy to mention that the plaintiff may, in certain circumstances, possibly be entitled to claim damages…”
Say:
“The plaintiff may be entitled to damages.”
Why it matters: Judges, examiners, and clients don’t have time for vague or verbose writing. Clarity = credibility.
2. Use Proper Structure (IRAC)
The IRAC method helps organize legal arguments logically:
Issue – What legal question must be answered?
Rule – What is the relevant law (cases/statutes)?
Application – Apply the law to the facts of the case.
Conclusion – Give a clear outcome based on your analysis.
Example:
Issue: Is there a valid offer?
Rule: An offer is a clear expression of willingness to contract on specific terms (Carlill v Carbolic Smoke Ball Co).
Application: In this case, the advertisement clearly showed intent to be bound…
Conclusion: Therefore, it is likely that a valid offer was made.
Why it matters: Without structure, even good legal points will get lost in messy writing.
3. Use Simple, Formal Language
Explanation:
Avoid using fancy or outdated legal jargon unless necessary. And never use slang or overly casual language.
Bad: “The guy totally broke the agreement.”
Good: “The defendant breached the contract.”
Why it matters: Legal writing should be professional but easily understood by any educated reader.
4. Cite Authority Correctly
Explanation:
You must support legal statements with proper references to case law or statutes. Use your university’s approved citation style (e.g., OSCOLA, Bluebook).
Bad: “It’s clear from many cases that this is illegal.”
Good: “As established in R v Brown [1993] 2 All ER 75, consent is not a defencea to actual bodily harm.”
Why it matters: Citing law strengthens your argument and shows academic honesty.
5. Avoid Personal Opinions
Explanation:
Your personal beliefs are irrelevant in legal writing. Your job is to argue based on law, not emotion.
Bad: “I think this is unfair, so the defendant should lose.”
Good: “Based on the rule in Donoghue v Stevenson, the defendant owed a duty of care.”
Why it matters: Legal writing is about objective analysis, not subjective feelings.
6. Define Legal Terms
Explanation:
When using legal terms or Latin phrases, explain them briefly—especially in exams or when writing for non-lawyers.
Example:
“The defendant had the mens rea (guilty mind) required for theft.”
Why it matters: Ensures clarity and shows that you understand what you’re writing — not just copying legal words.
7. Use Headings and Paragraphs
Explanation:
Break your writing into logical parts with headings, subheadings, and paragraphs. Don’t dump all your ideas into one block of text.
Bad: One 500-word paragraph.
Good: Multiple short, focused paragraphs with headings.
Why it matters: Makes your writing easier to read, especially for long answers or essays.
8. Be Accurate with Facts
Explanation:
Don’t change or assume facts that aren’t given in the question. Use only the information provided.
Bad: “The defendant must have known…” (without evidence)
Good: “There is no evidence that the defendant knew…”
Why it matters: Assumptions we
9. Proofread for Grammar and Spelling
Explanation:
Even one spelling mistake (like “defendent” instead of “defendant”) can lower the quality of your writing. Use tools like Grammarly, or ask someone to review your work.
Why it matters: Mistakes distract the reader and make you look careless — especially in exams or formal submissions.
10. Answer the Question Asked
Explanation:
In exams or assignments, stick to the question. Don’t write everything you know about a topic. Focus only on what’s relevant.
Bad: Writing 2 pages on contract law when the question is about misrepresentation.
Good: Identifying the key issue and sticking to it.
Why it matters: Markers reward focused, relevant analysis — not general knowledge.
