Partner Survey Results
With the help of many clients, I recently surveyed thousands of law-firm
partners about the writing skills they want to see associates develop.
Across the country and across practice areas, partners agree on what they’d
like to change about associate drafts. I’ve organized their responses according
to my Four Steps to Standout Legal Writing. I’ve also included a fifth category
that covers usage and mechanics.
A few sample responses follow.
Step One: Concision
Partners say they spend too much time cutting clutter and other distractions
from associate drafts. Anything that interrupts the message—wordy phrases,
jargon, legalese, redundancy, blather, hyperbole—is a candidate for the chopping
block.
- “Get to the point, no ‘throat clearing.’”
- “[Avoid] unnecessary or inaccurate phrases such as in order, at this point in time or
almost unique. Similarly, avoid using words such as utilize when
use is sufficient.”
Step Two: Clarity
Partners acknowledge that most legal topics are dry and complex, but they
still believe associates could do much more to produce clear, active, and direct
writing.
- “Your sentences [should not] average more than 25 words.”
- “Sound like a human being.”
Step Three: Structure
In associate drafts, partners find that the structure often tracks the
associate’s research rather than the reader’s likely questions. Many partners
long for the days when attorneys mapped out their sections and paragraphs before
writing a single word.
- “Don’t save the punch line for the end. Let your reader know the point you
are making up front.”
- “This is not an academic exercise; keep the consumer’s goal in mind and
deliver what it is they need to know efficiently.”
Step Four: Using Authorities
These days, nearly all associates find the authorities they need. But
partners want associates to do more than just copy or summarize those
authorities; they want to know how each authority supports the associate’s
points explicitly.
- “This may be as much an analytical skill as a writing skill, but I have
been struck by how often junior associates think sending you five cases is an
appropriate response to a research assignment.”
- “[A]ssociates should work on better integrating their discussions of the
facts and the law in briefs, i.e., doing more than just stating the facts and
stating the law, but explaining how the facts apply to the law.”
Usage and Mechanics
The painful truth: At even the best firms, many partners want associates to
work on grammar, usage, and proofreading. Although these “mechanical” skills may
not matter much in law school, they are priceless on the job.
- “Proper grammar! It is quite disappointing how many incorrect usages and
constructions many of our incoming (and experienced) lawyers demonstrate in
their writing.”
- “Even first drafts should be polished—no typos, poor grammar, or incorrect
citations.”
