10 Simple Tips to Improve Your Legal Writing (Inspired by Bryan Garner’s The Winning Brief)

Legal writing is both an art and a science. Whether you’re drafting a legal brief, preparing a legal memorandum, or crafting a motion writing sample, the quality of your writing can make or break your case. For intermediate and expert legal writers looking to refine their skills, Bryan Garner’s The Winning Brief is a treasure trove of practical advice. Drawing from Garner’s insights and our experience at Lawyerly, here are 10 simple tips to elevate your legal writing and produce persuasive, polished documents that stand out.

1. Start with a Strong Introduction: The opening of your document sets the tone for everything that follows. Garner emphasizes the importance of a clear, concise introduction that immediately captures the reader’s attention. Avoid lengthy background information or legal jargon. Instead, state the issue, your position, and why it matters.

Pro Tip: Use the “deep issue” technique – frame the core question in a way that highlights the stakes and guides the reader to your conclusion.

2. Organize Your Argument Logically: A well-structured brief or memorandum is easier to follow and more persuasive. Group related points together, and arrange your arguments in a logical sequence. Use headings and subheadings to break up the text and guide the reader through your analysis.

3. Write in Plain English: Legal writing doesn’t have to be dense or convoluted. Garner advocates for using plain English to make your arguments more accessible and compelling. Replace archaic terms like “heretofore” and “hereinafter” with simple, modern language.

Pro Tip: Read your draft aloud. If it sounds unnatural or confusing, simplify the language.

4. Be Concise: Brevity is the soul of persuasion. Eliminate unnecessary words, redundant phrases, and filler language. Every sentence should serve a purpose.

Pro Tip: Use Garner’s “omit needless words” rule. For example, instead of writing “due to the fact that,” use “because.”

5. Use Active Voice: Active voice makes your writing more direct and dynamic. It clarifies who is performing the action and strengthens your arguments.

Example:

• Passive: “The motion was denied by the court.”

• Active: “The court denied the motion.”

6.Tell a Story: Facts are the foundation of any legal argument, but storytelling brings them to life. Use narrative techniques to present the facts in a way that engages the reader and supports your position.

Pro Tip: Start with a compelling fact or anecdote that illustrates the human impact of the case.

7. Anticipate Counterarguments: A persuasive brief addresses opposing arguments head-on. Acknowledge the other side’s strongest points and explain why they don’t undermine your position.

Pro Tip: Use transitional phrases like “While the defendant argues . . .,” followed by a clear rebuttal.

8. Use Precise Citations: Citations are essential, but they should support your argument without overwhelming the reader. Use pinpoint citations to direct the reader to the exact page or paragraph that supports your point.

Pro Tip: Follow the Bluebook or your jurisdiction’s citation rules meticulously.

9.Edit Ruthlessly: Great writing is the result of careful editing. Review your draft multiple times to eliminate errors, tighten your prose, and ensure consistency.

Pro Tip: Use Garner’s “read backward” technique—start with the last sentence and work your way to the beginning to catch errors you might otherwise miss.

10. End with a Strong Conclusion: Your conclusion should summarize your key points and leave the reader with a clear understanding of why your position is correct. Avoid introducing new arguments or repeating yourself unnecessarily.

Pro Tip: End with a powerful, memorable statement that reinforces your main argument.

Why These Tips Matter for Your Practice

At Lawyerly, we live and breathe these principles every day. Our team of experienced legal writers has honed their craft by applying the lessons of The Winning Brief and other leading resources. Whether you’re drafting an appellate brief, a legal research memo, or a contract writing sample, these tips can help you produce work that is clear, persuasive, and professional.

But even the most skilled legal writers can benefit from a second set of eyes. That’s where Lawyerly comes in. We specialize in providing freelance legal writing services to law firms and attorneys who want to deliver exceptional results without sacrificing time or quality.

How Lawyerly Can Help You

• Expertise You Can Trust: Our team consists of qualified lawyers with years of experience in legal research and writing. We’ve handled everything from case brief writing to complex appellate briefs, ensuring that your documents meet the highest standards.

• Time Savings: Focus on client interactions and court appearances while we handle the heavy lifting of drafting and editing.

• Flexible Pricing: Choose from hourly rates or bundled packages to fit your firm’s budget.

• Confidentiality Guaranteed: We prioritize client confidentiality and are happy to sign any necessary agreements to protect your clients’ information.

Conclusion: Elevate Your Legal Writing with Lawyerly

Improving your legal writing is a continuous process, but with the right tools and techniques, you can produce work that stands out in any courtroom or boardroom. By applying the tips from Bryan Garner’s The Winning Brief and leveraging the expertise of Lawyerly, you can take your legal writing to the next level.

Ready to see the difference expert legal writing can make? Contact Lawyerly today to learn more about our freelance legal writing services and how we can support your practice.