LWM - CH08 - The Legal Reader

The Legal Reader
  • Definition: A legal reader is someone with legal training, including judges, attorneys, law professors, and law students.

  • Purpose of Legal Writing: The primary function is to answer legal questions clearly and efficiently. Legal writers need to produce documents that facilitate quick comprehension for the reader.


Key Attributes of Legal Writing
  • Technical Writing Characteristics (as described by Michael J. Higdon):
    1. Pertains to a technical subject.
    2. Has a defined purpose.
    3. Maintains objectivity.
    4. Conveys information/facts/data.
    5. Impersonal in tone.
    6. Concise and to the point.
    7. Directed towards specific outcomes.
    8. Adheres to a particular style and format.
    9. Archival - intended for future reference.
    10. Cites the contributions of others appropriately.

Reader Expectations
  • Seeking Answers: Legal readers look for straightforward answers to their questions, often expecting to see the answer presented early in the document.

  • Roadmap for Navigation: Writers should provide a clear structure at the beginning of the document, detailing how the information is organized, including headings and subheadings to facilitate easier navigation for the reader.

  • Organization: Legal documents should be organized using conventional legal writing structures, employing transitions and connectors for clarity.


Writing Style Considerations
  • Clarity and Accurateness: The language must be clear, devoid of grammar errors or typos. Each paragraph should start with a strong topic sentence that introduces its idea.

  • Flow of Information: Sentences should transition smoothly to maintain reader engagement and understanding.


Challenges for Legal Writers
  • Reader Efficiency: Legal readers often read with the intention of quickly obtaining the necessary information, expecting to find it on their first read-through. This requires legal writers to present information concisely and efficiently.

  • Skepticism of Arguments: Legal readers approach documents critically, looking for potential weaknesses in arguments and expecting solid, evidence-backed claims.


Conclusion
  • Credibility Building: By understanding the characteristics and needs of legal readers, writers can create documents that significantly enhance their credibility, making their position more likely to be accepted by the audience.

Further Reading Recommendations
  • Bryan A. Garner, "Know Thy Reader: Writing for the Legal Audience," Mich. B.J., Nov. 2019, p. 46.
  • Ross Guberman, "Judges Speaking Softly: What They Long for When They Read," Litigation, Summer 2018, p. 48.
  • Ann Sinsheimer & David J. Herring, "Lawyers at Work: A Study of the Reading, Writing, and Communication Practices of Legal Professionals," 21 Legal Writing: J. Legal Writing Inst. 63 (2016).
  • Andrew M. Carter, "The Reader's Limited Capacity: A Working-Memory Theory for Legal Writers," 11 Legal Comm. & Rhetoric: JALWD 31 (2014).
  • Laura A. Webb, "Why Legal Writers Should Think like Teachers," 67 J. Legal Educ. 315 (2017).
  • Joe Fore, "Why You Should Sweat the Small Stuff: Encourage Students to Eliminate Brown MMs from their Legal Writing," 25 No. 1 Persp: Teaching Legal Res. & Writing 18 (2016).