ANALYSIS: New to Legal Writing? Start by Talking—and Listening

Good legal writing requires more than knowing the law and filling pages about it. There’s a step in the process that good legal writers take but new associates often miss: defining expectations before writing a word.

How can you do this? By getting both input and buy-in on your future written product from your supervising attorney, so you can create exactly what they want. No guessing!

Writers are communicators. So having conversations with others about the task at hand is also a part of the writing process—and it may even be the most important part.

Define the Product First

Guesswork is the enemy of good writing in a lot of respects, but in legal writing in particular. When you get a writing assignment—no matter what type—it’s critical that you understand its intended purpose.

As a new associate, you can’t decide what that purpose is by yourself. An attorney always represents the client’s interest, and that’s something you may have to get through the senior attorneys who know that client, and the matter you’re working on, the best. If that interest isn’t conveyed to you, it’s your responsibility to ask—or risk being seen as a poor writer.

It will probably feel intimidating to approach a partner to get feedback on an early project. But if the partner gave you the assignment, they should be willing to discuss it with you. You don’t need to go over anyone’s head, though; if the assignment came from another senior attorney, simply have these conversations with them.

If it is indeed an assignment from a partner, you really should talk to that partner about what they want and expect from you. That’s where your team can help make the difference. If you’re nervous about the approach, take some time to touch base with a colleague or two. Paralegals, secretaries, and other associates who have worked with that person for a long time can probably give you some great tips to help pave the way. Ask about the partner’s communication style and preferred method of going over assignments.

Get Buy-In

Once you understand the purpose of your writing assignment, it’s time to get even more feedback from the supervising attorney. Have a very detailed conversation, and follow up as needed as you conduct your research. Talk about tone. Go over potential risks and results. Get into the organization of the document as you envision it and—this is key—get buy-in.

As a new associate, get the partner or senior attorney on the case to understand and agree to what you’re about to create. It can make a critical difference in making sure you are perceived as a “good writer” at your firm.

Think ahead to what kind of comments you’ll want to receive when your draft is turned in. Almost nothing a freshly minted associate writes is ready for prime time without at least some feedback, so let go of that goal.

Your options really are affected by the choices you make before you start drafting. There is a big difference between: “Now that I see it laid out in writing, I think I want it presented differently now. Please make the following edits.” and, on the other hand: “This isn’t what I wanted at all; you completely misconstrued this assignment! Complete rewrite!”

You could get either set of comments on the same piece of writing, depending on your conversations beforehand.

Sometimes your supervisor doesn’t yet know the answer to your questions, so think like a counselor. Understand the relevant facts and law as well as you can so that you can offer useful suggestions. Listen to their response. When you convey a defined strategy, make sure that they agree, and that you’ve clearly understood and reflected back their goals.

Come Out of Your Comfort Zone

Asking to talk about the goals of a piece of legal writing isn’t always easy. It’s tempting to accept an assignment, put your head down, work alone, and hope you’ve delivered the perfect product. But what if you’re wrong? That’s disastrous, and the chance that you’ve hit upon the right note all by yourself—without asking or clarifying—isn’t worth it.

It’s much more reliable to put up with the temporary discomfort of feeling like you’re pestering. Remember, you’re not asking to be spoon-fed; you’re making sure everyone agrees on the direction to take before you proceed.

Viewing these conversations as strategy hash-outs may help. You’re not a mind-reader, and accepting that fact will help you with clients and colleagues throughout your career. It’s all about conversation, preparation, and defining expectations.

It also may help to know that these don’t have to be lengthy conversations. If it’s a complex summary judgment motion on several issues, then yes, it will take some time to walk through the organization and other elements of the document. But a letter or research memo should be straightforward and efficient to discuss, and hopefully you’ll come away with two to three bullet points to keep you oriented, reassured, and on-task as you draft.

Best of luck with all your written work product, and stay tuned for more tips that will help you stay sure-footed when you take those first legal writing steps as a new lawyer.

Bloomberg Law subscribers can learn more pointers on legal writing on our Core Litigation Skills Toolkit page; our Professional Perspectives from legal practitioners on Persuasive Brief Writing and How to Write a Research Memo; and our Checklists on Getting the Assignment, Managing & Responding to Client Needs, and Writing Up Research Results.

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