Why Writing Skills Are Necessary for Paralegals

Effective writing skills are paramount for paralegals, as they routinely draft and review a variety of legal documents that are crucial to legal proceedings and client communication. Strong writing ensures clarity, accuracy, and persuasive power in legal contexts.

Importance of Writing Skills for Paralegals

For paralegals, strong writing skills aren't just an asset; they're a fundamental requirement of the job. Their written work directly impacts legal strategy, case outcomes, and client understanding. Here's why it's so important:

• Clarity and Precision: Legal documents must be unambiguous. Any vagueness can lead to misinterpretations, errors, or even adverse legal consequences. Paralegals must convey complex legal concepts and factual details with extreme precision.

• Credibility: Well-written documents reflect professionalism and attention to detail, enhancing the credibility of both the paralegal and the legal team. Conversely, errors can undermine trust and confidence.

• Persuasion: Many legal documents, from motions to briefs, aim to persuade a judge, opposing counsel, or other parties. Effective legal writing employs logical arguments, compelling evidence, and a persuasive tone.

• Efficiency: Clear and organized writing saves time for attorneys, clients, and the courts. It reduces the need for clarification and rework.

• Compliance: Legal documents must adhere to strict court rules, formatting requirements, and legal standards. Poor writing can lead to rejected filings or procedural delays.

• Client Communication: While often drafted for legal professionals, many documents also serve to inform clients. Clear writing ensures clients understand their case and legal processes.

Types of Legal Documents Paralegals Draft

Paralegals are frequently involved in drafting, researching, and reviewing a wide range of legal documents across various practice areas. These can include:

• Pleadings:

  • Complaints: Initiating a lawsuit, outlining the factual basis and legal claims.

  • Answers: Responding to a complaint, addressing allegations.

  • Motions: Formal requests to the court for a specific ruling or action (e.g., motion to dismiss, motion for summary judgment).

• Discovery Documents:

  • Interrogatories: Written questions sent to an opposing party that must be answered under oath.

  • Requests for Production of Documents: Formal requests for specific documents or tangible items.

  • Requests for Admission: Requests for an opposing party to admit or deny certain facts or the authenticity of documents.

• Correspondence:

  • Client letters: Providing updates, explaining legal concepts, or requesting information.

  • Letters to opposing counsel: Negotiating, requesting extensions, or confirming agreements.

  • Letters to the court or administrative agencies: Submitting documents, requesting information.

• Contracts and Agreements: (Often assisting attorneys, not independent drafting)

  • Drafting or reviewing clauses in various contracts, leases, or settlement agreements.

• Legal Research Memoranda: Internal documents analyzing legal issues, statutes, and case law for attorneys.

• Subpoenas: Orders compelling a person to appear in court or produce documents.

• Affidavits and Declarations: Sworn statements of fact.

• Settlement Agreements: Documents outlining the terms of a resolution between parties.

• Court Orders: (Often preparing proposed orders for a judge's signature).

• Trial Exhibits: Preparing labels or summaries for evidence presented in court.

• Estate Planning Documents: (In probate law) Assisting with drafting wills, trusts, and powers of attorney.

Tips for Improving Legal Writing

Improving legal writing is an ongoing process that focuses on clarity, conciseness, and accuracy.

• Know Your Audience: Tailor your writing to the recipient—whether it's a judge, another attorney, or a client. The level of legal jargon and detail will vary.

• Be Clear and Concise: Avoid verbose language, redundant phrases, and jargon where simpler terms suffice. Get straight to the point.

  • Instead of: "In the event that it is determined that..."

  • Write: "If..."

• Use Plain Language: While legal terms are necessary, explain complex concepts simply. Imagine explaining it to someone unfamiliar with the law.

• Organize Logically: Use clear headings, subheadings, and numbered or bulleted lists to break up text and make it easy to follow. Present information in a logical sequence.

• Be Precise and Accurate: Every word matters in legal writing. Use the correct legal terminology and ensure all facts, dates, and citations are perfectly accurate.

• Use Strong Verbs and Active Voice: Active voice is generally more direct and powerful.

  • Instead of: "The motion was filed by the attorney."

  • Write: "The attorney filed the motion."

• Edit and Proofread Meticulously: Never submit a first draft. Read your work carefully for grammar, spelling, punctuation, and typographical errors. Consider reading it aloud or having a colleague review it.

• Follow Court Rules and Style Guides: Adhere strictly to court rules for formatting and content. Many law firms also have internal style guides (e.g., The Bluebook, ALWD Guide to Legal Citation).

• Cite Authority Correctly: Properly cite all legal authority (statutes, cases, regulations) to support your assertions.

Common Mistakes to Avoid in Legal Writing

Even experienced paralegals can fall prey to common writing errors. Being aware of these can help you avoid them:

• Vagueness and Ambiguity: Using imprecise language that can be interpreted in multiple ways. This is the cardinal sin in legal writing.

• Run-on Sentences and Fragments: Both make your writing difficult to read and comprehend. Ensure every sentence has a complete thought and proper structure.

• Lack of Organization: Disjointed paragraphs, poor transitions, and a lack of clear headings can make an otherwise well-reasoned argument confusing.

• Overuse of Legalese and Jargon: While some legal terms are essential, avoid unnecessary "legalese" that might confuse the reader or make your writing sound pompous.

• Failure to Proofread: Typos, grammatical errors, and incorrect punctuation undermine your professionalism and credibility.

• Incorrect Citations: Misquoting, misciting, or failing to cite sources correctly can have serious consequences.

• Passive Voice Overuse: While sometimes appropriate, excessive use of passive voice can make your writing sound weak, unclear, and evasive.

• Emotional Language: Legal writing should be objective and factual, even when arguing a persuasive point. Avoid emotional appeals or inflammatory language.

• Failing to Distinguish Between Fact and Argument: Clearly separate factual statements from your legal arguments or interpretations.

• Not Adhering to Word/Page Limits: Court rules often set strict limits. Going over can lead to rejection or negative perception.

Resources and Training for Paralegal Writing Skills

Developing and refining legal writing skills is an ongoing process throughout a paralegal's career. Numerous resources and training options are available:

• Paralegal Programs and Degrees: Most accredited paralegal programs include dedicated legal research and writing courses as core components of their curriculum.

• Legal Writing Textbooks and Guides:

  • The Bluebook: A Uniform System of Citation: The definitive guide for legal citation in the U.S.

  • ALWD Guide to Legal Citation: Another widely used citation manual.

  • General legal writing textbooks (e.g., Legal Writing in Plain English by Bryan A. Garner).

• Online Courses and Webinars: Many legal education providers (e.g., NALA, NFPA, local bar associations, university extension programs) offer online courses or webinars specifically focused on legal writing for paralegals.

• Continuing Legal Education (CLE): Paralegal associations and legal training companies offer CLE seminars and workshops on various aspects of legal writing and document drafting.

• Professional Associations: Organizations like the National Association of Legal Assistants (NALA) and the National Federation of Paralegal Associations (NFPA) provide resources, certifications, and networking opportunities that often include legal writing support.

• Firm-Specific Training: Many law firms provide internal training, mentorship, and style guides to help paralegals align with the firm's specific writing standards.

• Practice and Feedback: The most effective way to improve is through consistent practice and seeking constructive feedback from attorneys or senior paralegals.

• Reading Legal Documents: Regularly reading well-written legal documents (court opinions, briefs, memoranda) from reputable sources can help you absorb effective legal writing styles and structures.