THE LAW DEVELOPMENT CENTRE

POST GRADUATE BAR COURSE 2025

First term – Intake two

Legal writing

Language and style

Introduction

a) As a lawyer, you spend much of your time writing – so why not do it

well. You may think you are an excellent lawyer, but you will not be a
successful practitioner unless you can communicate the law effectively in
writing to the person who must read and act on your letter or document.
b) Ensure that your writing is clear and effective.
c) Good lawyers use plain English and avoid jargon and legalese.
d) Good writing is effective communication and a sign of professionalism
that enhances your reputation.
e) The complex sentences, wordiness, and redundancy that characterise
traditional legal writing often inhibit comprehension and become barriers
to understanding. Plain language facilitates comprehension by using
shorter, less complex sentences; active voice; and common words. All
these elements aid in processing and understanding information,
especially unfamiliar concepts.
f) There is no one formula for writing well. However here are two that
might help-
(A) KISS: “Keep It Short and Simple”, ie where possible, use short
words, short sentences, short paragraphs, active voice and avoid
repetition.
(B) APLE: Consider the Audience, the Purpose, the Language and
Effectiveness as you write.

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g) Context is always important. What works for one letter or document or
type of reader or purpose may not work for another.
h) Keep in mind the best way to learn to write well is to read a lot, and write
often.
i) The advent of email has changed the way many lawyers communicate. It
has led to informal styles and heightened risk of inaccuracies and ill-
considered comments or replies sent without pause for review. Other risks
of email involve the ease of forwarding messages to others not intended
by the writer, and permanent storage for future use. On the other hand, the
speed of email can enable quick resolution of disputes if handled
carefully in appropriate situations. Good lawyers need to decide when and
how to use email rather than letters for professional communications.

Simple guidelines for language and style

1. Questions to ask
It is easy to start writing as soon as you sit down to write a letter, email or
document. But wait a moment. Think before you write. First ask some
quick questions:
 who will read and use this document? Who is the reader?
 why are you writing this document? What is its purpose?
 what do you want to say? What do you need to cover in its content?
 what do you want your reader to do? Sign something? Agree to your
request? Send you some documents? Pay money?
 what does the reader want to know and need to know?
Re-focus your content back to your particular reader and their likely
attitude, reading ability, interests and needs. Your writing as a lawyer
sculpts your reputation, so it needs to be considered and done with care.

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 2. Consider your reader
 Write for the reader

Law schools usually train lawyers to write for examiners. However, the most
important audience for legal documents is the reader, whoever that is. It could
be your client, a witness, another lawyer or party, a court registrar or a judge.
Having a clear idea of your audience is the first principle of good legal writing.
For example, if one family lawyer writes to another lawyer that “the judge gave
a section # certificate”, the meaning is clear to the other lawyer. But if you tell
your client this, the client is unlikely to understand fully. It is more likely that
they will ask you for an explanation, or worse, they may retreat, or feel too
foolish to ask. It is far easier for you to write – “the judge decided that the
arrangements for the care of your children are satisfactory”. Even better, add a
reason, “the judge needed to do this before making your divorce final”. Try to
know your reader before writing so you can better pitch your style. Writing to
another lawyer often means you can be more direct and use more legal
expressions than when writing to your client or another person. Be careful to
remain respectful at all times to all readers. Never show anger, be
condescending or patronize the reader, and if responding to a patronizing letter
use the opportunity to demonstrate your professional integrity by being as
helpful and considerate as possible. You may need to consider cultural and
language issues of your likely readers. For example, the ability to understand
English, the role of silence, the reaction to direct addressing, their experience of
law and police, the need to agree, and specific politeness rituals or expectations.

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 3. Write for a Purpose

Have a clear idea of your purpose, or why you are writing to your reader. The
purpose of your writing as a lawyer will determine the style you use. Emails are
usually direct. Letters are more formal and therefore are often longer and take
more time to draft. Court documents like forms and affidavits are the most
formal and need great care. Clarity is essential regardless of the purpose. Avoid
ambiguity and complexity. Be direct: not circuitous or vague. Say what needs to
be said and no more.

It was crucial you cited authorities and referenced correctly in your writing to
avoid allegations of plagiarism. As a lawyer, precedents for forms and letters
are commonly used as guides for writing and there is no need to always cite the
source when using other references. However, context is always important and
you still have a duty to respect the intellectual property of another.

4. Tone

The tone is in the style and feeling of writing. Take care with any hidden
“message” you may send your reader by your tone. It is important to imagine
the reader's circumstances and likely response so that you can choose your style
of writing for that reader and use the appropriate level of formality, tone and
respect. Avoid jargon like “the writer” when referring to yourself. Be clear with
pronouns as appropriate such as “I” and “you”.

Tone in emails is usually more direct and informal than letters. However, it is
important not to forget that your emails may be stored for future use, be copied
or forwarded to other people, and used for any purpose by people you never
intended to see them. For that reason, your tone in emails, as in letters, should
always be respectful.

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 5. Ensure your writing is legally accurate

Your responsibility as a lawyer is to make sure that what you advise your reader
is legally accurate, sufficiently comprehensive and precise. So called “time
honoured” expressions are no longer acceptable in legal practice unless they
contribute to clear communication of your intended meaning.

6. Organise and structure the information

Planning

When you need to write an important document, use your answers to the
questions above, and jot down a quick plan before you write. Alternatively, use
a precedent to see how the ideas are structured. If you prefer to think as you
write, then make time after you've written to draw back and look at the big
picture. There are many different methods of planning, and different ones work
for different writers.

Give a context first

Introducing the information with an overview or synopsis gives the reader a

context in which to interpret the information. It is then easier for the reader to
understand the rest of your document. A letter may begin “We refer to your
letter dated #”? Why not open the legal document with a summary or with the
major clause? It is more helpful to the reader to open the letter with, “you wrote
to us on [date] asking about the sale of your property”, than “I refer to your
letter of [date]” which sends the reader back to their original letter.

Ideas and organisation

Organise ideas in the way the reader will want them. For example, if you are
writing a letter of advice about a litigation case, the reader is probably most
interested in the merit of their case, that is whether they will win if it goes to
court and how much money they will get – and then how much in costs they
may have to pay. The reader is less likely to be impressed by first being given
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your extensive

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research on the tort of negligence. Keep this research as an annexure to a brief
letter of advice. Group relevant information together.

Avoid using the structure of the relevant legislation unless it is useful to do so –

especially when different statutes overlap. It may be easier for you but could be
confusing for your reader who may want to know why there are three clauses
about the same area. An alternative is to order the document by subject or by
chronology, if relevant. If you need to quote the legislation, an explanation or
example may be useful.

Useful guidelines for organisation are:

 put the most important ideas first (these may be your advice or conclusions);

 put qualifications and exceptions second;

 add procedures and administrative issues, such as time-lines and costs; and

 annex research and supporting information.

Show structure of your logic

Show the structure of your logic and the relative importance of the ideas – and
how they relate to each other. Ways of doing this include:

 use of numbering systems;

 use of headings and sub-headings; and

 use of design principles such as layout, font, positioning of sub-headings and

points.

Use alternatives to words

Graphs, tables, diagrams, symbols and pictures translate ideas into visual
images. Often this helps readers grasp the concept faster.

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 7. Think about the content of each sentence and paragraph

Chunk your information

When you do begin to write, you need to make sure the information is divided
into “chunks” that are easy to use for the reader. “Chunking” reflects the way
our thinking is structured and helps readers to absorb, understand and remember
the information. Most people can only remember between five and nine chunks
of information in one attempt – the best communicators use this to assist
readers. ]

Keep your words, sentences and paragraphs short

Avoid large words where possible. They are often unnecessary, consist of
jargon and suggest arrogance which can confuse or alienate some readers. As an
average, aim for 15 to 25 words per sentence and five to six sentences per
paragraph. According to linguists, these are equivalent to five to nine “chunks”
of information.

One idea per sentence

Keep to one overall idea per sentence – and one theme per paragraph.

Only include necessary information

Legal precision requires that you make sure the document is accurate and
complete. However, be careful not to repeat yourself in the aim to be precise or
to emphasise a point. Try to state your point once – perhaps with an example or
a reason – then move on.

Think about the language you use

Use the active form of verbs. In the past lawyers tended to over-use the passive
voice, making their writing heavy, dull and indirect, as well as adding
unnecessary words. Contemporary use of plain English in legal writing relies on
the active form of verbs which speeds reading and assists understanding. The
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active verb speaks directly to the reader – and ensures the person who must do
the action is included. For example, it is better to write, “the judge decided the
case” than, “the case was decided by the judge”.

Use verbs not nominalisations

Another guideline is to combine active voice with “powerful verbs” – that is,
make sure you have not changed your verbs into static nouns.

Avoid Use

made the decision decided

take into consideration consider

come to the conclusion conclude

for the simplifying of to simplify

Emphasise the positive

Lawyers often need to identify risk and so legal documents frequently focus on
what people cannot do. However, readers are more likely to accept and
remember something if it is positive or conceptualised from a positive point of
view. More people obey “keep left unless overtaking” than “slow vehicles use
left lane”. Avoid, “you must not drive a car unless you are 18 years or older”.
Aim for, “you may only drive a car if you are 18 years or older”. Similarly,
double-negatives no longer have a place in legal writing. Where does “not
unreasonable” fall on the scale of unreasonable to reasonable?

Keep subject-action-object close together

At times legal writers, if they are not thinking, but then perhaps even if they are,
may, but more commonly do, separate out not only the verb but also leave, until
the very end of the sentence or paragraph, the point. In contrast, clear sentences
identify the subject who must do the action, then state the action required, and

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then identify the object or consequences. You can use another sentence for
qualifications or examples, or to clarify further if the point is complex.

Draft in the singular

Often ignored, drafting in the singular is a fundamental principle of good legal

drafting. It makes drafting easier and clearer and speaks directly to the reader.
Also, Interpretation Acts provide that the singular includes the plural. The word
“none” is formally singular as in “none of the parties is bankrupt”. However,
common usage now allows for it to be plural, especially after following a plural
noun as in “none of the parties are bankrupt”. “Each” and “every” are also
singular, however usage now allows for them to be plural as in “every party
must file their documents”.

Use gender inclusive language

Using gender inclusive language is now obligatory in legal writing. It is also

important to write in ways that are not discriminatory and are inclusive of
diversity regarding ethnicity, age, disability, sexual preference, religion or
disability.

8. Think about your choice of words

Use ordinary everyday words as far as possible
The best legal writing relies on simple and familiar concepts and words.
If complex or technical words are not necessary, do not use them. Watch
out for words that you may know but a non-lawyer may not, eg “search”,
“service”, “discharge”, “encumber”, “damages”. Avoid words that are
used in a different sense in the law such as “discovery”, “demise” or
“execute”.

Use names of parties rather than abstract concepts (eg replace “Releasor”
and “Releasee” in a deed of release with names). Do not rattle off jargon.
Think about your reader before you use standard phrases and remember
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that legal writing is about clear communication – it is not prose, poetry or
mere convention.

Use terms consistently and clearly

It is important to be consistent in your writing. Use one term for the same
concept – and do not change or switch to another word halfway. Readers,
and courts, will try to work out whether you intended the new word to
have a different meaning. Never change your language unless you want to
change your meaning. It may help to think about the everyday words you
do use. For example, when you use the expression “the court”, do you
mean the physical courthouse, the judge or magistrate making the
decision, or the more abstract concept of the circumstances of the
decision? And do you use the word in the same sense throughout your
document or letter?

If you use a technical word

At times you do need to use a technical legal word. This is a word that is
common in legal practice but has a complex or multi-faceted meaning.
Examples are indemnity, mortgage, and guarantee. To help your reader
understand the word, think about including a clear definition, explaining
its meaning in a particular context, or giving an example of its effect.

Do not use shall

Shall has at least three meanings – and sometimes all are used in the one
legal document with often ambiguous and misleading results. It can also
be difficult to work out the real intention. For example, what is the
meaning of “the director shall be one of the governors of the hospital”?
Instead of “shall”, use “must” for an obligation and “may” for a

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permission. At times

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“shall” can be replaced by the verb to be. For example, “this Act is
governed by the law of Australia”.

Omit unnecessary words and phrases

It can be difficult to write plainly, but it is important to pare down your
writing by avoiding verbiage. Aim to be concise. Unless they serve an
intended purpose in correspondence, avoid throat clearing phrases such
as, “as you know” or, “it is important to note that”. At the end of a letter,
it may be good to ask the reader to contact you if they do not understand
something, but there is no need to add “We of course continue to value
our important relationship”. In legal documents, phrases such as “unless
the context otherwise permits” or “notwithstanding any other clause to
the contrary in this deed” suggest jargon and signal careless thought. If
the context otherwise permits, then show this in the other context. If it is
truly a “notwithstanding” clause, it should be moved to the beginning of
the document so it qualifies all other clauses. Instead of Latin terms such
as “ab initio” or “circa” use their plain meanings: “from the beginning”
and “around”.

Take care with doublets and triplets

Many lawyers use the magic incantations such as “signed, sealed and
delivered”, “give, devise and bequeath”, “null and void” or “due and
proper” without questioning their legal meaning. Often the phrase can be
replaced by a single ordinary word. At times the phrase is misleading. For
example, in the phrase “null and void”, courts have read “void” to mean
“voidable” on the basis that the writer used two words to show two
different meanings.

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 Avoid overusing the thesaurus
Lawyers often try to be precise and cover all possible circumstances by
using all the synonyms they can find to cover a situation. For example,
“the tenant must maintain, replace, repair, and keep the property in good
and substantial repair, working order and condition”. This encourages
other lawyers to seek out loopholes. It is better to clearly state your
intention – begin with a broad policy statement, followed by any extra
detail. For example, “the tenant must keep the property in good condition.
This includes repairing any damage caused to the walls or floors”

Be aware of interpretation principles

By using good effective and plain writing, you aim to keep your
documents out of court. If your document does end up in court, the courts
will not interfere if the meaning and intention is clear.

Four main principles apply to understanding private documents:

 words are given their literal, “popular”, ordinary or natural meaning,
except technical words;
 words are given their grammatical and ordinary sense, unless this leads
to absurdity or inconsistency with the rest of the document;
 the document is read as a whole; and
 the intention of the parties is respected.

9. Definitions
Principles
Do not overuse definitions.
Although a definition may help you conceptualise an idea, the reader must
understand the new concept and then remember it throughout the

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 document. Using too many definitions means the reader needs to flip
back and forth to the definition section. Similarly, if you do use a
definition, aim to keep its common meaning. If you change the meaning,
readers forget and may misunderstand. For example, in Victoria the old
Dog Act covered cats as well – which was misleading. Try to find a better
term or spell it out, eg Dog and Cat Act. A definition should only cover
the meaning of a word, and should include the word “means”. Avoid
including additional information, however interesting, such as exceptions,
examples, context or substantive legal points unless they are specifically
relevant to the reader. If you need to include examples, use “includes”
and cite the most common or simple examples only.

Legislative definitions
Some Acts prescribe definitions and interpretations of commonly used
terms and you do not need to repeat them in your documents. For
example, “month” means calendar month.
10. Design your document to help your reader
Why is design important? Good writing may not be read if the layout of
your document is confusing or uninviting. Good design can help readers
find their way around information, signal important areas, and ensure it is
a pleasure to read.
Develop a style guide
Setting standards with a “style guide” in your workplace or organisation
helps professionals to be consistent and efficient in their work. It is
important to standardise areas such as commonly used clauses, execution
clauses, methods of signature, spelling conventions, use of open or closed
punctuation, and numbering conventions. It is also important to cover
layout standards for letters and documents, including openings,
references, heading styles, typeface, font, margins, use of tables and so

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on – with

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examples readily available. A style guide can include model documents
and letters for quick reference. Adherence to the style guide means that
all writers send a coordinated, consistent and professional image to the
readers.

Aid access
For easier access to documents, create a table of contents. Also, for longer
documents, use an index based on the relevant concepts, and consider
grouping information using subtitles, naming sections and numbering
paragraphs. You can improve the accessibility of dense prose by
including lists, tables, graphs and other images that reduce the sense of
crowding.

Practical guidelines
 Use typefaces that are easy to read. As a guide use one font style and
two font sizes – more than three sizes is distracting.
 Check that the font size is large enough. For most fonts, 12 point is the
best size for the majority of readers.
 When printing check that the colours of paper and ink contrast
adequately.
 Ensure lines are the right length for easy reading.
 Consider leaving a margin space for binding – and for making notes.
 Maximise white space to assist readability
 Consider including any detailed information as a schedule or
attachment

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 How to improve your writing

Here are some tips on how to improve your writing:

 Read a lot, including books and journals inside and outside your profession.
Even if you are busy, create a reading habit and put some time aside every day
for reading.

 Be mindful when you write and review your drafts before finalising by
focusing on three things:

a) the purpose of your writing;

b) the person who will read it; and
c) the style you want to present.

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