Three Steps for Improving Your Legal Writing
Wayne Schiess, the head of UT's legal-writing program and author of Wayne Schiess's legal-writing blog, spoke to the Austin Bar Association's Solo & Small Firm Section last week. Following the premise that lawyers are professional writers—an observation that applies with even greater force to appellate counsel—Prof. Schiess suggested a three-step process for improving one's legal-writing skills:
- Practice: I suppose it's a truism that you can't become good at anything without performing the task repeatedly.
- Study: Prof. Schiess recommends that we consult and rely on the best resources. Aside from a good dictionary, The Chicago Manual of Style, Strunk & White's The Elements of Style, and his own Better Legal Writing, among others, Prof. Schiess praised Bryan Garner's The Red Book: A Manual on Legal Style as a resource aimed directly at lawyers.
- Open Yourself to Honest Critique. Though self-explanatory, this step might be the most difficult of the three.
I felt pretty good after hearing what Prof. Schiess had to say. I don't lack for practice, and I'd like to think I'm fairly open to honest critique, especially since clients and other lawyers review my work product on a regular basis. (One might ask whether lawyers are good judges of effective legal writing, but that's the subject of another post.) Where I need improvement is in the "study" phase. Although I enjoy that part of the process—I have been a Garner disciple since I attended one of his seminars before I started my Big Law job more than 10 years ago—like everything else, it's a challenge to find the time.
9/21/08 Update: Prof. Schiess discusses these ideas in his own words here.
Amen to finding time to study! Am dying to read J. Scalia and Bryan Garner's new book, but don't know how to find the time.