10 Legal Writing Mistakes to Avoid
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Legal writing is more than just communicating information—it is about persuading, informing, and guiding decisions. Whether drafting a contract, a motion, or a memo, clarity and precision are paramount. Unfortunately, even skilled legal professionals can fall into common writing traps. Here are 10 legal writing mistakes to avoid.
1. Overusing Legalese and Jargon
Legal writing often involves technical terms, but too much legalese can obscure your message. Words like “heretofore”, “wherefore”, or “aforesaid” may sound formal but can confuse the reader and detract from clarity.
Bad Example
The defendant, herein referred to as ‘the party of the first part’, did knowingly and wilfully commit the act aforementioned.
Improved Iersion
The defendant knowingly committed the act described above.
2. Long, Complex Sentences
Long sentences with multiple clauses can be difficult to follow. In legal writing, conciseness is key. Break down lengthy sentences into shorter, more digestible pieces.
Bad Example
Whereas the undersigned, being of sound mind and body, and acting of his own free will, without any duress or coercion, does hereby and herein agree to the terms and conditions set forth in this agreement and further agrees to waive any and all claims, rights, or causes of action against the aforementioned party.
Improved Version
The undersigned agrees to the terms of this agreement and waives all claims against the other party.
3. Failing to Define Terms Clearly
Ambiguity in legal writing can lead to misinterpretation. Always define key terms clearly to avoid disputes later.
Bad Example
The term ‘benefits’ shall include various compensations.
Improved Version
The term ‘benefits’ includes health insurance, retirement contributions, and paid time off.
4. Passive Voice Overload
Passive voice can make sentences wordy and obscure the actor responsible for the action. While sometimes appropriate, active voice is generally more direct and powerful.
Bad Example
The contract was breached by the defendant.
Improved Version
The defendant breached the contract.
5. Incorrect Use of Punctuation
Misplaced commas, semicolons, or even incorrect apostrophes can change the meaning of your sentences. In legal writing, a comma in the wrong place can lead to significant ambiguity.
Bad Example
The court ordered the parties to attend mediation, and resolve the issue.
Improved Version
The court ordered the parties to attend mediation and resolve the issue.
6. Overgeneralisation and Vagueness
Vague language leaves room for interpretation, which is the last thing you want in a legal document. Be precise and specific.
Bad Example
The tenant shall maintain the property in good condition.
Improved Version
The tenant shall maintain the property in a clean and orderly condition, including regular lawn care and prompt repair of damages.
7. Failing to Use Parallel Structure
Parallel structure involves keeping the grammatical forms consistent within a sentence or list. Failing to do this can make your writing awkward and unclear.
Bad Example
The plaintiff argues that the contract was breached, acted negligently, and due process was denied.
Improved Version
The plaintiff argues that the contract was breached, that the defendant acted negligently, and that due process was denied.
8. Ignoring Readability and Flow
Legal writing should be easy to read and logically organised. Long blocks of text without paragraph breaks or unclear headings can be overwhelming for the reader.
Bad Example
The plaintiff brings this action for breach of contract, seeking compensatory damages in the amount of $50,000, alleging that the defendant failed to perform the agreed services under the terms of the contract. Further, the plaintiff asserts that the failure to perform was wilful and deliberate.
Improved Version
The plaintiff seeks $50,000 in compensatory damages for breach of contract. The defendant failed to perform the agreed services and did so wilfully and deliberately.
9. Overuse of Nominalisations
Nominalisations occur when a verb is turned into a noun, often making sentences more wordy and less dynamic.
Bad Example
The committee made a decision to implement the policy.
Improved Version
The committee decided to implement the policy.
10. Redundancy and Repetition
Using repetitive or redundant phrases clutters your writing. Avoid expressions that say the same thing twice.
Bad Example
Any and all claims will be addressed in the court of law.
Improved Version
All claims will be addressed in court.
Effective legal writing requires precision, clarity, and attention to detail. By avoiding these common mistakes, you can craft documents that are not only legally sound but also clear and persuasive. Whether you are writing a brief, a contract, or an opinion, remember that your ultimate goal is to communicate your message in the most direct and unambiguous way possible. Check out our Legal English and Writing Guide for more in-depth explanations.
1. Overusing Legalese and Jargon
Legal writing often involves technical terms, but too much legalese can obscure your message. Words like “heretofore”, “wherefore”, or “aforesaid” may sound formal but can confuse the reader and detract from clarity.
Bad Example
The defendant, herein referred to as ‘the party of the first part’, did knowingly and wilfully commit the act aforementioned.
Improved Iersion
The defendant knowingly committed the act described above.
2. Long, Complex Sentences
Long sentences with multiple clauses can be difficult to follow. In legal writing, conciseness is key. Break down lengthy sentences into shorter, more digestible pieces.
Bad Example
Whereas the undersigned, being of sound mind and body, and acting of his own free will, without any duress or coercion, does hereby and herein agree to the terms and conditions set forth in this agreement and further agrees to waive any and all claims, rights, or causes of action against the aforementioned party.
Improved Version
The undersigned agrees to the terms of this agreement and waives all claims against the other party.
3. Failing to Define Terms Clearly
Ambiguity in legal writing can lead to misinterpretation. Always define key terms clearly to avoid disputes later.
Bad Example
The term ‘benefits’ shall include various compensations.
Improved Version
The term ‘benefits’ includes health insurance, retirement contributions, and paid time off.
4. Passive Voice Overload
Passive voice can make sentences wordy and obscure the actor responsible for the action. While sometimes appropriate, active voice is generally more direct and powerful.
Bad Example
The contract was breached by the defendant.
Improved Version
The defendant breached the contract.
5. Incorrect Use of Punctuation
Misplaced commas, semicolons, or even incorrect apostrophes can change the meaning of your sentences. In legal writing, a comma in the wrong place can lead to significant ambiguity.
Bad Example
The court ordered the parties to attend mediation, and resolve the issue.
Improved Version
The court ordered the parties to attend mediation and resolve the issue.
6. Overgeneralisation and Vagueness
Vague language leaves room for interpretation, which is the last thing you want in a legal document. Be precise and specific.
Bad Example
The tenant shall maintain the property in good condition.
Improved Version
The tenant shall maintain the property in a clean and orderly condition, including regular lawn care and prompt repair of damages.
7. Failing to Use Parallel Structure
Parallel structure involves keeping the grammatical forms consistent within a sentence or list. Failing to do this can make your writing awkward and unclear.
Bad Example
The plaintiff argues that the contract was breached, acted negligently, and due process was denied.
Improved Version
The plaintiff argues that the contract was breached, that the defendant acted negligently, and that due process was denied.
8. Ignoring Readability and Flow
Legal writing should be easy to read and logically organised. Long blocks of text without paragraph breaks or unclear headings can be overwhelming for the reader.
Bad Example
The plaintiff brings this action for breach of contract, seeking compensatory damages in the amount of $50,000, alleging that the defendant failed to perform the agreed services under the terms of the contract. Further, the plaintiff asserts that the failure to perform was wilful and deliberate.
Improved Version
The plaintiff seeks $50,000 in compensatory damages for breach of contract. The defendant failed to perform the agreed services and did so wilfully and deliberately.
9. Overuse of Nominalisations
Nominalisations occur when a verb is turned into a noun, often making sentences more wordy and less dynamic.
Bad Example
The committee made a decision to implement the policy.
Improved Version
The committee decided to implement the policy.
10. Redundancy and Repetition
Using repetitive or redundant phrases clutters your writing. Avoid expressions that say the same thing twice.
Bad Example
Any and all claims will be addressed in the court of law.
Improved Version
All claims will be addressed in court.
Effective legal writing requires precision, clarity, and attention to detail. By avoiding these common mistakes, you can craft documents that are not only legally sound but also clear and persuasive. Whether you are writing a brief, a contract, or an opinion, remember that your ultimate goal is to communicate your message in the most direct and unambiguous way possible. Check out our Legal English and Writing Guide for more in-depth explanations.
