Introduction
Written communication is a cornerstone of the legal profession. For solicitors, barristers, and other legal professionals in England and Wales, the ability to write effectively is not merely a supplementary skill but a fundamental tool of their trade. From the first letter of advice to a client to the final submissions before a judge, the written word is the primary medium through which legal work is conducted, arguments are advanced, and rights are protected. This essay will discuss the importance of this skill by exploring its various roles in legal practice. It will begin by outlining the functions of legal writing, before considering the characteristics that define good writing in a legal context. Subsequently, the essay will examine the growing importance of using Plain English, analyse the serious consequences of poor written communication, and finally, suggest ways in which legal professionals can actively improve their writing abilities. It will be argued that effective written communication is an indispensable component of professional competence and ethical practice for any lawyer.
The Role of Legal Writing in Legal Practice
The work of a legal professional involves a diverse range of writing tasks, each with a specific purpose and audience. The ability to adapt one's writing style to suit these different contexts is essential. One of the most common forms of legal writing is correspondence. Letters and emails are used to advise clients, communicate with opposing solicitors, and interact with courts and other official bodies. The primary purpose here is often to inform and advise, requiring the lawyer to convey complex legal information in an understandable and accurate manner (Finch and Fafinski, 2021). For example, a letter to a client explaining the merits of their case must be clear and unambiguous to allow the client to make an informed decision.
Another key role of legal writing is to persuade. This is most evident in advocacy documents such as skeleton arguments and written submissions presented to a court. Here, the lawyer’s goal is to construct a compelling narrative and a logical legal argument to persuade a judge to find in their client’s favour. This form of writing must be structured, well-reasoned, and supported by legal authority (Webley, 2022).
Finally, legal writing serves a crucial recording function. Documents such as contracts, wills, and witness statements are created to provide a definitive and legally binding record of an agreement, intention, or testimony. The drafting of these documents demands extreme precision, as any ambiguity can lead to future disputes. A poorly drafted clause in a commercial contract, for instance, could cost a client millions of pounds. Therefore, legal writing is not a single activity but a collection of distinct skills applied across various functions: to advise, persuade, and record.
The Characteristics of Good Legal Writing
Given the varied roles of legal writing, several core characteristics are universally recognised as indicators of quality. The most important of these is clarity. A legal document must be easy to understand for its intended audience, whether that is a client, another lawyer, or a judge. Vague or convoluted sentences can obscure the writer's intended meaning and create confusion. Allied to clarity is precision. Legal language is a specialised tool, and terms of art must be used correctly to ensure legal accuracy. For instance, the distinction between a ‘condition’ and a ‘warranty’ in a contract has significant legal consequences, and using the terms interchangeably would be a serious error (Butt, 2013).
Conciseness is another vital characteristic. Good legal writing is economical with words, avoiding jargon, repetition, and unnecessary verbiage that can make a document difficult to read. As stated by experts in the field, legal documents should be "as short as they can be, but no shorter" (Stark, 2010, p. 23). This does not mean sacrificing detail, but rather expressing that detail efficiently. Finally, good legal writing must be accurate in both its statement of the facts and its application of the law. A single factual error or a mis-cited case can undermine the credibility of an entire legal argument. These characteristics—clarity, precision, conciseness, and accuracy—are the hallmarks of a competent legal writer.
The Importance of Plain English in Legal Documents
For many years, legal writing was notorious for its complexity, use of archaic language, and long, convoluted sentences. However, there has been a significant movement towards the use of ‘Plain English’. The Plain English Campaign defines this as writing that the intended audience can read, understand, and act upon after a single reading (Plain English Campaign, n.d.). This shift is important for several reasons.
Primarily, it promotes access to justice. Law affects every aspect of people’s lives, and it is crucial that individuals can understand the legal advice they receive and the documents they are asked to sign. Overly complex language can alienate clients and create a power imbalance between the lawyer and the person they are supposed to be helping. The Solicitors Regulation Authority (SRA) Code of Conduct requires solicitors to provide a competent service, and part of this competence is ensuring the client understands the advice being given (SRA, 2019).
Furthermore, legislation itself has recognised the need for clarity. For example, the Consumer Rights Act 2015 requires that terms in consumer contracts and notices must be 'transparent', meaning they must be expressed in "plain and intelligible language" (s 68(1)). If a term is found not to be transparent, it may be deemed unfair and therefore not binding on the consumer. This places a clear legal and commercial incentive on businesses and their lawyers to draft documents that are easy to understand. Using Plain English is therefore not just a matter of good style but a reflection of modern professional standards and legal requirements.
The Consequences of Poor Legal Communication
The consequences of failing to communicate effectively in writing can be severe, impacting the client, the lawyer, and the wider administration of justice. For the client, the most immediate risk is misunderstanding the legal position, which can lead to poor decisions. For example, a client might accept a low settlement offer or plead guilty to an offence without fully grasping the implications if the advice they receive is poorly written.
For the legal professional and their firm, the consequences can include professional negligence claims. If a client suffers a loss because of ambiguous or incorrect written advice, they may have grounds to sue the lawyer. In Midland Bank Plc v Hett, Stubbs & Kemp [1979] Ch 384, a solicitor’s failure to act led to a successful negligence claim, and while this case concerned an omission, the same principles apply to losses caused by poorly drafted documents or advice. Beyond legal action, poor writing can lead to complaints to the SRA, damage to the firm's reputation, and wasted costs when time has to be spent clarifying or correcting poorly drafted documents. The SRA Principles require solicitors to act with integrity and in a way that upholds public trust, both of which are compromised by substandard communication (SRA, 2019).
Ways Legal Professionals Can Improve Their Writing Skills
Given the importance of written communication, it is a skill that legal professionals must continually seek to develop throughout their careers. Fortunately, there are many ways to do this. Formal training through Continuing Professional Development (CPD) courses is a popular method, with many providers offering workshops specifically on legal drafting, writing in Plain English, or persuasive writing.
Beyond formal courses, a culture of feedback within a law firm is invaluable. Junior lawyers can learn a great deal by having their work reviewed by more experienced colleagues. This process of drafting, reviewing, and redrafting is one of the most effective ways to hone writing skills (Webley, 2022). Self-improvement is also key. Reading widely, both within and outside the law, helps to develop a stronger command of language and sentence structure. Using firm-specific style guides or public resources can also help ensure consistency and clarity. Ultimately, like any skill, writing improves with consistent and deliberate practice. By treating writing as a core competency that requires ongoing attention, legal professionals can ensure they meet the high standards expected of them.
Conclusion
In conclusion, effective written communication is not a peripheral aspect of legal practice but lies at its very heart. It is the primary vehicle for advising clients, persuading courts, and creating legally binding relationships. Good legal writing is defined by its clarity, precision, and accuracy, principles that are increasingly embodied in the Plain English movement, which seeks to make the law more accessible to all. The consequences of failing in this area are significant, ranging from client dissatisfaction and financial loss to professional negligence claims and damage to the integrity of the justice system. Therefore, the continuous development of writing skills through training, feedback, and practice is an essential professional and ethical obligation for all legal professionals. The ability to wield the written word with skill and precision is, and will remain, one of the most powerful tools in a lawyer’s arsenal.
References
Butt, P. (2013) Modern Legal Drafting: A Guide to Using Clearer Language. 3rd edn. Cambridge University Press.
Finch, E. and Fafinski, S. (2021) Legal Skills. 8th edn. Oxford University Press.
Midland Bank Plc v Hett, Stubbs & Kemp [1979] Ch 384.
Plain English Campaign (n.d.) What is Plain English?. Available at: [https://www.plainenglish.co.uk/what-is-plain-english.html](https://www.plainenglish.co.uk/what-is-plain-english.html) (Accessed: 15 October 2023).
Solicitors Regulation Authority (2019) SRA Principles. Available at: [https://www.sra.org.uk/solicitors/standards-regulations/principles/](https://www.sra.org.uk/solicitors/standards-regulations/principles/) (Accessed: 15 October 2023).
Stark, S. (2010) Writing to Win: The Colossal Advantage of Speaking and Writing with Clarity, Style, and Grace. Three Rivers Press.
Consumer Rights Act 2015. Available at: [https://www.legislation.gov.uk/ukpga/2015/15/contents](https://www.legislation.gov.uk/ukpga/2015/15/contents) (Accessed: 15 October 2023).
Webley, L. (2022) Legal Writing. 5th edn. Routledge.
