Critiquing Legal Writing

A Note About Law Students as Legal Writers

Helping the student understand how to evolve has a writer is more effective than just telling them what to write. Instead of merely editing a document, use comments and questions to prompt the student to self-identify gaps and holes in a document:

• Ask questions in the margins to prompt the student to solve writing problems.

• Avoid vague notations such as: "huh?" or "awkward," or "fix," or "imprecise."

• Use collaborative language: "let's" or "we."

• Point out where the student succeeded.

Feedback Categories

• Substance and Logic

If the document is analyzing a legal issue, it should (1) clearly identify the legal issue, (2) state the applicable rule(s) and any component parts, (3) clearly explain or illustrate the rule using pertinent case law from the appropriate jurisdiction, if applicable, (4) apply the rule to the client's facts, and (5) state a concrete conclusion.

• Thoroughness of Analysis

If the document is analyzing a legal issue, it should thoroughly answer the legal question posed, and provide sufficient explanation to support the conclusion.

• Proper Use of Sources of Law

The document should include the relevant sources of law in the proper jurisdiction and accurately describe the applicable legal rules.

• Helpfulness to Reader and to the Client

The document should avoid making assumptions about the reader's knowledge or understanding. The document should help solve a problem.

• Overall Organization

The organization of the document should be easy for the reader to follow (i.e., organized chronologically, or by topic, or by rule components; consider using informative headings as organizational signposts if appropriate).

• Paragraph Structure

Paragraphs should have a topic or thesis sentence, an analysis of that topic or thesis, and a conclusion.

• Sentence Structure

Sentences should include a strong subject and verb. Avoid passive voice (the use of the verb ''to be" phis another verb). Avoid compound or lengthy sentences. Shorter sentences are clearer. Avoid legalese.

• Citations

Use proper citation in accordance with the Bluebook or other rules provided.

• Clarity

Make sure the document is clear to a reader unfamiliar with the subject matter.

• Proofreading (Grammar, Punctuation)

Check all grammar, punctuation, and spelling. Spellcheck does not catch many mistakes in legal writing (e.g., trial v. trail, statute v. statue) or misspelled words in capitalized headings.

• Presentation/Formatting

Make sure the document looks presentable: proper and consistent margins, indentation, heading formatting, font, page numbering, etc.