Paralegal Writing: Importance of Legal Writing

While writing skills probably don’t seem like they’d be at the top of a “must-have skills” list for a legal professional, the reality is that writing plays a more critical role in the fast-paced legal field than you might realize. This is especially true for those working as paralegals, who may be responsible for drafting legal documents, communicating with clients, and sending out internal memos to other members of a law firm.

In fact, if you have plans to become a paralegal, written communication skills are an absolute must. With a better understanding of what this form of legal writing entails, why it matters in the broader scope of law, and the types of writing you may be doing as a paralegal, you can be better prepared to enter this line of work.

What Is Legal Writing?

First, it’s important to understand how legal writing differs from everyday writing, or even from the kinds of specialized writing that may take place in other fields.

Legal writing, by its very nature, tends to involve a great deal of research, proper citations, and legal grammar or jargon that must carry a professional (and often persuasive) tone. While the exact types of documents written in law can vary, some common examples include:

• Legal briefs and motions
• Legally binding documents
• Internal memos and communications
• Reports, research findings, and similar documents

Lawyers may carry out legal writing, but often, lawyers actually rely on paralegals and other legal office professionals to assist them in their research and writing. In this sense, paralegals and legal assistants with strong writing skills can support lawyers in representing and advocating for their clients.

Importance of Writing in Law

Strong legal writing skills are critical in the field of law, especially when you consider that written documents can ultimately have a major impact on the outcome of cases. When a legal motion or other court document is thoroughly researched and well written, it could impact a lawyer’s ability to reach a solution representing their client’s best interests.

In addition to potentially influencing legal outcomes, strong legal writing for paralegals can also impact a law firm’s reputation with clients and the rest of the community. When written communication between clients and law firms is professional and authentic, clients may be more likely to trust their legal teams. If communication is sporadic or unprofessional, on the other hand, this could have a negative impact on a law firm’s reputation.

From a career progression standpoint, strong legal research and writing skills for paralegals can also lead to career advancement. Lawyers are often looking to recruit paralegals and legal office assistants who can demonstrate strong written communication skills, so mastering the ins and outs of basic legal writing could open up new career opportunities down the road.

Legal Writing Skills and Components

Now that you can see why legal writing is so crucial for paralegals and legal office assistants, what are some of the most essential writing skills you’ll need to sharpen to set yourself apart in this competitive field?

Professional Tone and Grammar

What sets legal writing apart from many other forms is that it must always maintain a professional and objective tone. Often, this means following very specific grammar and style rules, such as choosing the passive voice over the active voice (something you typically wouldn’t do in everyday writing), minimizing contractions, and limiting the use of colloquialisms.

Likewise, impeccable grammar is important in legal writing because even a seemingly small grammatical error could undermine a law firm’s credibility and have a negative impact on reputation. With this in mind, legal office assistants and paralegals drafting communication that will be seen in court or by the public need to follow strict grammar and style rules.

Legal Citations and Quotations

Research and citations are also critical components of legal writing. Paralegals and legal office assistants must be well-versed in conducting proper legal research and incorporating relevant findings into their writing when drafting court motions, legal briefs, and similar documentation.

With this in mind, legal professionals need to be proficient in the use of legal databases, which can help them find applicable case law. Similarly, when referring to existing research in their own writing, these professionals need to know how to properly quote and cite sources (typically in the Bluebook style).

Terms, Percentages, Dates, and Numbers

Because legal writing often involves the use of many numerical figures (ranging from percentages and dates to numbers and other statistics), legal professionals must also be familiar with industry norms when it comes to representing these figures in their writing.

Ultimately, it all boils down to readability. Legal writers can refer to the Bluebook for specific guidance, but in general, here are some rules to keep in mind:

• Numbers 0-99 are spelled out, while numbers 100 and above are represented as numerals (with few exceptions).
• Dates are written in full, including the four-digit year and commas to separate the day from the year.
• “Percent” is spelled out only when it follows a spelled-out number.

Utilizing Footnotes

Footnotes are also used regularly to cite research in legal writing, so paralegals and legal office assistants will need to become familiar with them. In Bluebook, legal footnotes are formatted to begin with the page number, as well as either “n.” or “NN” to indicate whether single or multiple footnotes are being referenced. This is most often used when citing specific cases, with footnote numbers appearing in superscript in-text and at the bottom of a page for additional reference.

Redacting and Emphasis

In legal writing, it is common to redact information from documents to protect sensitive information. Paralegals and legal office assistants are often responsible for manually redacting information from a document (or using a specific software program) and must be extremely thorough in this work.

In other instances, legal writers may need to emphasize certain portions of their writing to make a point or highlight an argument. If this is done, however, it is important to indicate this by adding a parenthetical “(emphasis added)” to the document.

Legal Writing Examples

When getting a feel for legal writing and what it looks like in practice, it can be helpful to explore examples. Learn more about some of the most common types of legal writing below and consider checking out a paralegal writing sample of each for yourself.

Legal Briefs

Paralegals are often responsible for preparing legal briefs, succinct summaries of cases that include relevant facts and details. Legal briefs are typically sent to a court ahead of a judgment or hearing to persuade the court to take a stance in favor of a firm’s client. As such, paralegals need to know how to use persuasive language, draw on research, and leverage rhetorical writing when preparing these documents.

Client Reports and Documents

Lawyers may also turn to paralegals for assistance in maintaining client reports, which are used within a firm to document the details of a particular client’s case(s). Maintaining current documentation enables paralegals to provide all attorneys within a firm with the essential and updated information necessary for effective client representation.

Motions and Other Court Documents

When lawyers want to present certain issues or rulings to a judge, they may turn to their paralegals to craft formal motions and similar documents. A motion may request that a judge dismiss a case, include (or exclude) certain evidence, or take other court measures. Paralegals and legal office assistants must carefully research and craft motions to ensure that their arguments are well supported and meet all filing requirements set forth by the court.

Legal Memorandum

Last but not least, paralegals regularly draft legal memos as part of their work. These memos are most often meant to provide supporting legal arguments for lawyers regarding specific cases, and documentation and other recommendations surrounding a case. After a memo is drafted, it may be sent directly to a lawyer or copied to an entire legal team.

Because lawyers tend to handle many cases simultaneously, legal memoranda prepared by paralegals need to be concise, accurate, and to the point.

Start Your Paralegal Journey Today

From drafting internal communications to interacting with clients and writing important court documents, paralegals and legal office assistants need a robust understanding of legal grammar, written communication, and the writing process as a whole to confidently perform essential job functions.

Are you looking for a degree or diploma designed to give students the research, writing skills and the legal knowledge needed to thrive in and out of the courtroom? If so, and if you don’t want to spend years upon years in school to become a lawyer, then an Associate of Applied Science in Paralegal Studies or even a Legal Office Assistant Diploma from Bryant & Stratton College may be right for you.

Both of these legal services programs are offered online and on campus for your convenience, centering around the legal research, writing, and related skills needed to support lawyers in essential proceedings. Plus, depending on the program you select, you could graduate in as little as one to two years. Get in touch to learn more about either of these programs or take the next step by completing your free online application today.