How to Write Effectively

When drafting any document—from a contract to a research memo—always remember: Effective documents are written in a way that the reader can easily read and understand. Here are eight techniques to make your writing as clear, and thus as effective, as possible. Continue reading

Oh, What a Difference Plain English Makes!

Any document you draft—from an email to a settlement agreement—should be written in plain, understandable language. But many attorneys still fall into the trap of using stilted, legalistic language, particularly in contracts and other transactional documents. Compare the following purchase agreement recitals and see what a difference plain English makes. Continue reading

5 Writing Tips for Every Contract You Draft

fivesteps_140389068A contract is a form of communication that a diverse audience will read and use. Attorneys who focus strictly on the legal terms and not on their word usage may find that style got in the way of substance. Don’t let that happen to you—review and apply these five writing tips whenever you draft a contact of any kind. Continue reading

Headings Are Key to an Effective Document

Whatever document you’re drafting—from a memorandum for a partner to a brief for the court—using clear and concise headings and subheadings will take your reader by the hand and lead them smoothly through your document. Here’s some advice from noted appellate attorneys Daniel U. Smith and Valerie T. McGinty on making your headings as useful and effective as possible. Continue reading

7 Tips for Making Supporting Memos More Persuasive

Almost all motions and demurrers must be supported by a memorandum. Cal Rules of Ct 3.1113. Your supporting memorandum convinces the judge that the law and facts support the order you want. The objective is to persuade—the memo may be your main shot at doing so, as judges issue a tentative ruling or come to the hearing with a ruling in mind based on the motion and response papers. Continue reading

4 Ways to Avoid Ambiguity in Your Writing

Ambiguity in any writing is annoying, but in a contract it can be devastating if you wrote it, because any ambiguity in a contract is likely to be construed against you. Here are some ways to avoid ambiguity in your next writing. Continue reading

Turn Legalese into Plain English

174431990A contract shouldn’t require a Latin-English dictionary to understand it! In fact, there’s generally no reason to use Latin terms or formal legal language (legalese) at all. Use plain English to be sure the contracts and other documents you’re writing are in a language that the parties can read and understand. Here’s a chart to keep handy next time you’re drafting a legal document (or to discreetly slip to a legalese-laden colleague). Continue reading

The Secret to Better Legal Writing

Do you want to know the secret to making any legal writing stronger? Check out this video with specific tips for improving your next legal brief.

CEB has great On Demand programs to help you improve your legal writing, including Smith and McGinty on Legal Writing and Myron Moskovitz on Winning Appeals and Writs. Check out these and all other CEB programs at ceb.com.

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7 Ways to Get Sexism Out of Your Writing

Whether you are drafting a contract or a brief, be conscious of and avoid sexist language. Sexist language can be distracting and/or offending, and may even turn off your reader to your content altogether. Continue reading

A Brief Browse on Briefs: Writing Tips from a Judge (part 3)

Here are the remaining 5 tips from Presiding Justice Arthur Gilbert of the Second District Court of Appeal, Division 6.  In A Brief Browse on Briefs: Writing Tips from a Judge (part 1) and part 2, we gave the first 10 of 15 writing tips from the judge . Continue reading