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.
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.
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.
A 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).