Skills 2 – Effective Writing Skills

Effective writing skills are essential in the study of law. Keep in mind the words of Lord Denning:

The reason why words are so important is because words are the vehicle of thought. When you are working out a problem on your own – at your desk or walking home – you think in words, not in symbols or numbers. When you are advising your client – in writing or by word of mouth – you must use words. There is no other means available. To do it convincingly, do it simply and clearly. If others find it difficult to understand you, it will often be because you have not cleared your own mind upon it. Obscurity in thought inexorably leads to obscurity in language.

Clarity of thought leads to clarity of expression. To write well is not only an indication of writing skill, but also an indication of how well you understand what you are writing about. You will need to determine also who you are writing for. A good idea when doing assignments is to pretend that the person you are writing for understands nothing at all about the subject matter, but “is capable of understanding the principles and issues if they are explained clearly and accurately.”

The Open University has a number of free skills courses available, and I suggest that students take advantage of these, especially at the beginning of their studies. One of these courses is “Essay and Report Writing Skills” [click the link for access] and is a short course of 15 hours but is excellent for starting the pathway to developing great writing skills. You can also download the course as an eBook. I use Adobe Digital Editions for reading epubs (OU eBook format) as it preserves the interactive features.

Presentation Style:

When I started the W101, there were quite a few questions from students about how we should write. Most of the questions were based around the presentation of the TMAs, so I will explain how I write my TMAs and why I think it is effective. Note: You do not HAVE to copy my style as long as your TMA is clear and easy to read.

1. I created a template in Microsoft Word that has a header with my name on the left, my Personal Identifier Number (PI) in the middle and the course name eg W101, at the right hand side on one line. Under that, in the middle, I have which TMA it is, eg TMA 01. When I begin using the template, I “SAVE AS” TMA 01, TMA 02 etc., in a folder for that particular assignment (so each TMA is in its own folder) and the template itself is untouched. Only the TMA itself is amended with changes.
2. At the bottom of the page, I insert the page number which helps to arrange in order when printed.
3. I like justifying the body of my writing (as you can probably tell from my blog) as I find it looks much neater. I also use a double line space (court judgments use this style) which makes it easier to read as there is less ‘crowding’ of text on the page. It also allows the tutor to insert comments with ease.
4. DO NOT use fancy colours or headline styles. Use a plain black font, Arial size 12 is the recommended format. Use British English spelling (some users may have US English installed as the default language; this should be changed).
5. DO NOT use abbreviations unless it is an acceptable legal term! So you are not to use “shouldn’t, couldn't, they’re” etc. but you may use PACE if you define it on the first use! So you may write: Police and Criminal Evidence Act 1984 (“PACE”) and thereafter refer to PACE. Putting an abbreviation into brackets and quotation marks shows you are defining it. European Court of Justice (“ECJ”) may thereafter be written as ECJ.
6. Try to minimise the use of quotations – instead, try as far as possible to write in your own words. If you do use quotations, keep it to as few words as possible and reference the source, both in-text and in your reference list!

Formality:

Legal writing is relatively formal and uses language in an accurate and precise way. However, it is important to resist the temptation to be too formal. It is not necessary to copy the rather archaic language in the older law reports; words such as ‘aforesaid’, ‘pursuant to’, and ‘hereafter’ should be avoided. Avoid being pompous or pretentious.

There is a move towards the plain use of English in law: it is important not to complicate your language unnecessarily for effect when a simple word or explanation will do.

Avoid:

• the use of slang and colloquialisms, such as ‘he was nicked by the old bill’, or ‘when she was off her head she set fire to the house’
• ‘text speak’ – the language of text messages
• lists and bullet points.

© The Open University

To be continued…