Introduction
Written communication is a foundational pillar of the legal profession. For lawyers in England and Wales, the ability to write effectively is not merely an advantageous skill but a core professional competence, central to the performance of their duties and the administration of justice. The written word is the primary medium through which legal advice is delivered, arguments are presented, and binding obligations are created. This essay will discuss the importance of this skill by examining the various roles of legal writing in practice and outlining the key characteristics that define good writing. Furthermore, it will consider the specific value of using plain English, analyse the serious consequences that can arise from poor communication, and suggest practical ways in which legal professionals can enhance their writing abilities. It will argue that effective writing is indispensable for ensuring clarity, managing risk, and upholding the standards of the legal profession.
The role of legal writing in legal practice
Legal writing is not a single activity but a wide range of tasks that are fundamental to a lawyer's daily work. The primary role of legal writing is to communicate complex legal information clearly and accurately to different audiences, including clients, opposing lawyers, judges, and other officials. One key function is advisory. Lawyers write letters of advice and legal opinions to inform clients of their legal position, the options available to them, and the potential risks and rewards of a particular course of action. This writing must be clear and comprehensible to a layperson, enabling them to make informed decisions (SRA, 2019).
Another crucial role is advocacy. Skeleton arguments, witness statements, and written submissions are all forms of persuasive writing designed to convince a judge or tribunal of the merits of a client's case. Here, the writing must be not only clear but also structured, logical, and supported by legal authority. As stated in the Civil Procedure Rules (CPR), the overriding objective is to enable the court to deal with cases justly and at proportionate cost (CPR 1.1), and well-crafted written submissions are essential to achieving this efficiency.
Finally, legal writing has a transactional and documentary function. Lawyers draft contracts, wills, deeds, and other legal instruments that define rights and impose obligations. This type of writing must be precise and unambiguous to ensure the document is legally robust and achieves the client’s objectives without creating unforeseen loopholes or future disputes. Each of these roles demonstrates that writing is the tangible output of a lawyer’s analysis and a critical tool for practising law effectively.
The characteristics of good legal writing
Good legal writing is defined by a number of essential characteristics, the most important of which are clarity, precision, conciseness, and appropriateness of tone. Clarity is paramount; the reader must be able to understand the writer’s meaning easily and without confusion. This involves using straightforward sentence structures and logical organisation, guiding the reader through the information or argument step by step (Finch and Fafinski, 2019).
Precision is equally vital. Law is a profession of details, and the choice of words can have significant legal consequences. Good legal writing uses terminology correctly and avoids ambiguity. A well-drafted contract clause, for example, leaves no room for multiple interpretations, thereby minimising the risk of future litigation. This is different from the deliberate use of vagueness in some legislative drafting; in most practitioner documents, ambiguity is a flaw (Butt, 2013).
Conciseness is also a hallmark of effective writing. Modern legal practice, particularly in the context of litigation, places a high value on brevity. Courts often impose strict page limits on documents like skeleton arguments, forcing lawyers to distil complex arguments into their most essential and persuasive points. Superfluous words and convoluted sentences, often referred to as ‘legalese’, obscure the core message and can irritate the reader, whether they are a client or a judge (Stark, 2010). Finally, the tone must be appropriate for the intended audience and purpose. A letter to a bereaved client will adopt an empathetic tone, whereas a submission to the court will be formal and objective.
The importance of plain English in legal documents
The movement for plain English in law is a direct response to the historic tendency of legal writing to be overly complex, archaic, and inaccessible to the general public. Plain English is not about ‘dumbing down’ the law, but about communicating it with clarity and precision (Plain English Campaign, n.d.). Its importance lies in promoting accessibility and understanding. Clients have a right to understand the advice they are paying for and the documents they are signing. The Solicitors Regulation Authority (SRA) Principles require solicitors to provide a proper standard of service, which includes communicating effectively with their clients (SRA, 2019, Principle 7). Using plain English helps fulfil this duty by demystifying the law.
Furthermore, plain English can reduce errors and disputes. Complicated language and convoluted sentence structures increase the likelihood of misinterpretation. A document written in plain English is more likely to be understood correctly by all parties, which helps prevent disagreements over its meaning later on. This was a key driver behind the reforms of the CPR in the late 1990s, which replaced traditional Latin terms and complex language with simpler alternatives (e.g., ‘claimant’ instead of ‘plaintiff’) to make court procedures more understandable for litigants in person. Using plain English is therefore not just a matter of style but a practical tool for risk management and improving access to justice.
The consequences of poor legal communication
The consequences of poor legal communication can be severe, ranging from financial loss to professional sanction. Perhaps the most significant risk for a lawyer is a professional negligence claim. If ambiguous drafting in a contract or will leads to a financial loss for the client, the lawyer responsible may be held liable. For example, an unclear clause in a commercial lease could lead to costly litigation between landlord and tenant, with the wronged party potentially suing the solicitor who drafted it.
In a litigation context, a poorly written skeleton argument or witness statement can fatally undermine a client’s case. Judges have limited time and patience; if an argument is confusing, illogical, or buried in verbiage, it is unlikely to be persuasive. A judge may simply fail to grasp the key points the lawyer is trying to make, leading to an adverse judgment and increased costs for the client.
Furthermore, poor writing can damage a lawyer's professional reputation. A solicitor or barrister known for producing unclear, error-strewn, or convoluted documents will struggle to attract and retain clients and may lose the respect of colleagues and the judiciary. In extreme cases, a simple clerical error can have profound consequences. In Marley v Rawlings [2014] UKSC 2, a husband and wife accidentally signed each other’s mirror wills. This simple mistake led to a lengthy and expensive legal battle that reached the Supreme Court, which ultimately used its power to rectify the will. The case is a stark reminder of how a seemingly minor error in the production of a legal document can create significant legal problems, costs, and uncertainty for clients.
Ways legal professionals can improve their writing skills
Legal writing is a skill that can be developed and refined throughout a professional’s career. There are several effective ways for lawyers to improve. A foundational method is to read extensively. Reading the work of skilled legal writers, such as the judgments of senior judges like the late Lord Bingham or the skeleton arguments of leading barristers, helps a lawyer absorb the principles of clear and persuasive writing (Bingham, 2010).
Practice and feedback are also essential. Lawyers should treat every piece of writing as an opportunity to improve. This involves careful planning before writing, drafting with a focus on clarity and precision, and then ruthlessly editing to remove unnecessary words and sentences. Seeking feedback from more experienced colleagues is invaluable, as a fresh pair of eyes can often spot ambiguities or weaknesses that the author has missed.
Formal training also plays a role. Many organisations offer Continuing Professional Development (CPD) courses specifically on legal writing, drafting, and plain English. These courses provide structured guidance and can introduce new techniques. Finally, using tools like style guides and checklists can help enforce discipline. A checklist might prompt a lawyer to ask questions such as: "Is the purpose of this document clear?", "Is the language as simple as it can be?", and "Have I checked for all grammatical and spelling errors?". By adopting a systematic approach to self-improvement, legal professionals can continually enhance this crucial aspect of their practice.
Conclusion
In conclusion, effective written communication is not an optional extra for legal professionals but a fundamental component of legal competence and professional responsibility. It is the primary means for advising clients, persuading courts, and creating legally binding relationships. Good legal writing, characterised by clarity, precision, and conciseness, serves to minimise risk, promote efficiency, and ensure that clients understand their legal position. The increasing emphasis on plain English reflects a broader move towards making the law more accessible and transparent. Conversely, the consequences of poor writing are serious, potentially leading to negligence claims, lost cases, and reputational damage. As the case of Marley v Rawlings illustrates, even small errors can have large and costly repercussions. Therefore, it is essential for all legal professionals to commit to the continuous improvement of their writing skills through reading, practice, and training, thereby upholding the high standards expected of them and ensuring the effective administration of justice.
References
Bingham, T. (2010) The Rule of Law. Allen Lane.
Butt, P. (2013) Modern Legal Drafting: A Guide to Using Clearer Language. 3rd edn. Cambridge University Press.
Civil Procedure Rules 1998, SI 1998/3132. Part 1.
Finch, E. and Fafinski, S. (2019) Legal Skills. 7th edn. Oxford University Press.
Marley v Rawlings [2014] UKSC 2.
Plain English Campaign (n.d.) The plain English guide to legal terms. [Online] Available at: https://www.plainenglish.co.uk/media/3163/legal-guide-2016-web.pdf (Accessed: [Date]). [Note: I cannot verify the exact URL status at all times, but this is a representative link. For academic purposes, citing the organisation is key].
Solicitors Regulation Authority (SRA) (2019) SRA Principles. [Online] Available at: https://www.sra.org.uk/solicitors/standards-regulations/principles/ (Accessed: [Date]).
Stark, S. (2010) Writing to Win: The Tegal Writer. 2nd edn. Three Rivers Press.
