6 Ways to Slog Thru Legal-Writing Fog
Dear 1L, No 1L wants to spend all weekend inside writing a legal memo, but many of you will be.
Please know that even seasoned lawyers get stuck when writing up a legal analysis that’s new to them.
It’s the point in the process when you think you understand how the analysis works, but the words just won’t go from your head to your page.
There’s a disconnect between what you “know” & what you can actually explain. When I’d get to this point, I’d try one of these approaches. ⤵️
🔹 1: Read Briefs.
Pull and read the dispositive briefs from the cases you’ve assembled to write about. The parties’ lawyers were making the same arguments you have to make. Learn from them.
🔹 2: Brief the Cases You’ll Use for Compare/Contrast.
Try typing out a “brief” for each case in a freestanding document. Don’t worry about how your writing sounds, but do write in full sentences.
Beyond getting you in the writing groove, putting the cases in your own words—separate and apart from thinking about how they apply to your facts—can really help you understand an analysis more fully.
🔹 3: Explain Things Out Loud and Transcribe.
Try to explain the legal analysis orally. Pretend you’re talking to a 10 year old. Record yourself & transcribe. Start there for your draft.
🔹 4: Revisit your Outline.
If you haven’t made one yet, please, please try to—at least a high-level one. Doing so should really help you remember what you’re trying to establish in each section. 👉 An outline is your compass so you don’t go off track.
🔹 5: Bullet your Reasons for Each Headnote.
Create a bulleted list of reasons you think your client can or cannot show each element of the claim being considered or each factor of the test that applies.
🔹 6: Do something else.
Go on a walk, blast music and dance, do push ups, fold laundry, play basketball, vacuum, mow the lawn, etc. Whatever you do, make it something completely different that gets you out of your head.
👉 Let your subconscious do some of the work. While your brain is not fixating on what you have to write, your brain can make connections that will often surface after you return.
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I hope one or more of these helps you wade through your legal-writing fog faster. I’m thinking of you and cheering you on!!
Fondly,
💌 Amanda
P.S. Save this post to help you when you get stuck!
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