Friday, March 20, 2009

Why Writing Is Important and Helpful Tools

Writing is an important part of Lawyer’s profession and it surrounds every case whether you are writing a case brief, a letter to client, or a settlement proposal. In today’s legal profession, it is a lot more than arguing a case in court, now you have to make sure that you can apply and analyze law in a coherent manner. It is crucial for lawyers, new and old, to show that they know more than just the ins and outs of the law.

A study conducted by the American Bar Foundation asked 1200 lawyers to rate skills at which oral and written communication topped the list. If you are a lawyer starting out, there are some things you may want to know before or after graduating.

Employer Testing
Writing effectively is a must and something you will be tested on time and time again. According to the Michigan Bar Journal, employers may start testing prospective employees to test a lawyer’s ability to analyze and apply the law in a clear and logical manner. An example of a performance test would be the Multistate Performance test (MPT). Employers may not test as extensively as the MPT however, they are still looking for the same skills and may even give something in a similar format.

With the Multistate Performance Test, developed by the National Conference of Bar Examiners, test takers will get a case with all the relevant information needed and given 90 minutes to write. Examples of the types of writing can include a letter to clients, settlement proposals, persuasive memorandum, or briefs etc. Along with testing for skills such as problem solving, legal reasoning and analysis, and factual analysis, test takers must effectively evaluate viewpoint of recipients of communication, and organize and express ideas with logic and clarity.

Helpful Tools
Some basic tools that may help with clarity and organizing your ideas are the same helpful hints that you learn in your writing classes. A few techniques you can incorporate in legal writing are establishing your audience, using informative headings, and organizing your ideas to make the best use of your reader’s time.

Whom you are writing for is perhaps one of the most important things you should figure out before you begin to write. Lawyers write many documents such as case briefs, letters to clients and memorandums. After you figure out who it is you are writing to, you should determine what they need to know and how you can fill in the gaps for them. You certainly wouldn’t write a letter to a client in the same way as you would to another lawyer.

Organizing information is just as important as the information you are writing about. When dealing with many cases, lawyers want to be able to easily read relevant information of that case. Whether you are a lawyer writing a brief for a case or just writing a letter to a client, you should give the bottom line first. Begin with “What” and explain with “Why,” this allows the reader to understand the essentials of what the document is saying.

Informative headings can also be used for case briefings. It allows the reader to navigate the document so other Lawyers can quickly find out the legal issues and the ruling on the case. Headings should be specific and concrete so it helps the reader figure out what comes next.

With these few tools accomplished, writing should be easier. Just remember to establish who your audience is and what they need from you. Organize information in a way that will be easy for your audience to read and that would save them time. Informative headings can also be helpful with making your ideas clear and to the point. Writing is an important part in a Legal profession and you should be able to effectively communicate and organize ideas with clarity.

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