The Art and Utility of Juristic Writing
How Precision in Language Extends Beyond the Courtroom
Learning to write like a jurist is a valuable lesson, especially for a self-represented litigant who must express themselves effectively in court documents. Legal documents are distinct from other forms of writing, like an essay, because they're designed to be precise, though a skilled writer can still make them engaging. I consider a legal brief a "mini book" with a clear beginning and end. My aim is to walk the reader—the judge—through a scenario by presenting the law, facts, and jurisprudence to support my perspective. The goal is to show that my point of view, even if it's a novel argument, is based on tried and true legal concepts and sound reasoning, buttressed by the opinions of experts and other jurists. When you write a legal brief, you're essentially presenting your position by demonstrating that others have found similarly for similar reasons based on prevailing jurisprudence. You're collecting all the people who share your or a portion of your point of view to create an authoritative argument.
The Power of Precision and Conciseness
Precision is crucial because you must connect the dots for the reader, whether they're reviewing a pretrial, trial, or post-trial brief. Your document should contain nothing more than what's necessary to thoroughly convince someone of your legal position. The idea behind a succinct legal brief is to bring only the essential information to the forefront so the reader will be convinced by your reasoning and come to the same conclusions as you. This means you must efficiently package all the facts, law, case law, and jurisprudence into a convincing document. The document also needs to be as short as possible, especially since judges have very limited time and want to get to the point quickly.
From Jurist to Everyday Communicator
The skills learned from writing like a jurist have a positive, net effect on other areas of your life. You become more succinct and precise in your language. I've found that instead of writing a full page, I can distill an explanation down to a single paragraph, though I also know how to expand a paragraph into a full page when needed. This skill set manifests in all forms of correspondence, from letters to city officials to social clubs, allowing you to communicate with authority. Those who read your correspondence will understand that they are communicating with someone of substance, who knows what they're talking about.
The Socratic Method in Writing
Juristic writing is an authoritative and directed way of carrying people along in a story to convince them of a particular conclusion. The hallmark of successful juristic writing is its efficiency in guiding someone from point A to point Z. By the time they reach point Z, the reader should not be able to come to any conclusion other than the one you suggested at the beginning and reiterated at the end. This gentle persuasion is achieved through the Socratic method, using logic, reason, and facts. You're essentially helping people see what's in front of them, and once they see it, they cannot unsee it, which changes their position on the topic.
The Enduring Skill of Written Expression
This skill is not confined to the legal realm; it's a foundational part of our Western heritage that has been invaluable for a long time. The act of writing a letter forces one to organize their thoughts more effectively. Writing takes more energy than speaking, so we tend to invest more in getting our thoughts out in an organized and thoughtful manner. This practice makes us better communicators, arguers, and debaters, with these skills manifesting beneficially in many aspects of life.
The Impact of Amicus Briefs
One practical way to apply these skills is by writing an amicus brief. An amicus brief can be written and submitted to the court by anyone, even if they aren't a party to the proceedings. These briefs are written by someone who has an interest in the decision's outcome. They are incredibly helpful for judges, as they provide a pulse on the general public's perspective on a particular matter. It's a form of crowdsourcing, where a collective point of view from many individuals can persuade a judge to move the needle on judicial decisions, especially those establishing precedents. Practicing this form of writing is a tangible way to make a difference and apply the skill set of a jurist.
Conclusion
In conclusion, learning to write like a jurist is not just for lawyers or those in the legal system. It is a powerful life skill that refines one's ability to be succinct, precise, and authoritative in all forms of communication. By crafting a compelling narrative with a beginning and an end, you can guide readers to your desired conclusion. This skill, once mastered, becomes a natural part of your expression, making you more convincing and influential. The ability to organize your thoughts and present them logically is a valuable asset that extends far beyond legal documents, empowering you to be a more effective communicator and a positive influence in the world. Rediscovering and practicing these skills is crucial for anyone seeking to convey their point of view with clarity and impact.