I once asked several of our claims attorneys to identify the top habits they felt new lawyers should develop from day one. With one exception, their list covered what I expected. And yet, the more I thought about that one exception, the more I realized how right they were. In a nutshell, they all felt that learning to write well should be a priority from day one. Here’s why.

The professional writing you do, be it an email to a client, a brief filed with a court or a response to opposing counsel can too easily say more than you might intend. For instance, think about the hastily written email composed with little forethought, a legal brief impetuously penned under a time crunch, or an emotionally written response to opposing counsel. In short order, you could come to realize that, well as the Hagrid character from the Harry Potter series would sometimes say, “I shouldn’t have said that.” 

The correct choice of words and proper grammar matters. Sloppy or unclear writing is indicative of a lack of attention to detail. Rambling or disorganized writing suggests a weak analysis. Typos, poor grammar, and inconsistencies — even in an email or a text message — can not only undermine your credibility, they can also be seen as a measure of your competence. In contrast, clear, concise, and well-organized writing signals professionalism and competency. That’s a reputation worth fostering early on and maintaining throughout your career in law.

Start by being intentional, as opposed to impulsive. Rushing a response while allowing your emotions to get the better of you with any work-related writing is simply asking for trouble. Give yourself time to think and process; and, if time permits, read aloud what you’ve written or set it aside and come back and review it later. Either approach can help you avoid saying something you might come to regret.

Next, know your purpose and write to your audience. For example, due to busy schedules, judges appreciate writing that gets to the point. When judges are the audience, you’re going to want to prioritize clarity, logic, and brevity with your writing. With clients, use plain English instead of confusing legalese because any writing full of gobbledygook serves no one. In a similar vein, consider how clarity in legal drafting protects all parties. When a document includes vague or convoluted language and is full of legal jargon, even well-intentioned meaning can be misunderstood—opening the door to avoidable conflict and potential liability. In sum, regardless of what you’re writing, clarity will always rule the day.

Finally, proofread everything you write and don’t rely on spellcheck. Better still, have someone else review what you’ve written for three reasons. First, a fresh set of eyes can often catch a few typos you’ve been missing. Second, it’s a wonderful way to confirm what you set forth is being interpreted correctly; and third it’s a great opportunity to learn from the edits others make to your work. Never dismiss the value of the potential goldmine of insights that others might have to offer.

Of course, while I suspect writing wasn’t why you became a lawyer, it is how you’ll thrive. Regardless of your practice area, the ability to write with precision and purpose will serve you well. Learn to say what matters and practice how to say it well.

Mark Bassingthwaighte, Esq., ALPS Risk Manager, has conducted over 1,000 law firm risk assessments and presented 700+ legal education seminars across the U.S. He writes extensively on risk management and technology. Looking for more resources to support your solo firm? Check out Marks’ recent posts on the ALPS Risk Management page. You can reach Mark directly at mbass@alpsinsurance.com.