Common Legal Writing Errors and How to Fix Them
Practical guidance to eliminate frequent legal writing errors, improve clarity, and strengthen persuasive legal documents.
Legal writing is more than putting case citations and Latin phrases on a page. Judges, clients, and colleagues expect documents that are precise, concise, and easy to follow. Sloppy drafting can weaken arguments, frustrate readers, and even damage a lawyer’s credibility.
This guide collects frequent legal writing errors seen in briefs, memoranda, contracts, and emails, and offers practical strategies to correct them. The focus is on clarity and professionalism, not on sounding “academic” or ornate.
1. Overusing the Passive Voice
Passive constructions hide the actor and blur responsibility, which is especially problematic in legal disputes where cause and accountability matter. Passive voice is not always wrong, but relying on it makes arguments harder to follow.
Why passive voice weakens legal arguments
- Conceals responsibility: “The contract was breached” fails to state who breached it.
- Invites ambiguity: Readers must infer the subject from context, which can be risky in adversarial settings.
- Slows reading: Judges and clerks, who read quickly and under time pressure, benefit from direct, actor-focused prose.
How to convert passive to active
- Identify the verb (often a form of “to be” + past participle, such as “was filed,” “were prepared”).
- Ask, “Who performed this action?”
- Rewrite the sentence with that actor as the subject.
Example transformation:
- Passive: “The complaint was filed on June 3.”
- Active: “The plaintiff filed the complaint on June 3.”
Reserve passive voice for situations where the actor is unknown, irrelevant, or legally sensitive.
2. Allowing Pronouns to Become Ambiguous
Legal documents often involve multiple parties, entities, and dates. When pronouns like he, she, they, or it can refer to more than one noun, readers are forced to pause and decipher the meaning.
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Red flags for unclear pronouns
- Two or more people or entities appear immediately before the pronoun.
- The pronoun appears in a long or complex sentence.
- Different entities share similar names (two corporations, two departments, etc.).
Strategies to clarify references
- Repeat the noun: Replace “it” or “they” with the party’s full or short name, especially after a long gap.
- Use defined terms: Introduce “ABC Corp. (ABC)” and “XYZ Corp. (XYZ)” and then consistently use the short forms.
- Split long sentences: Break one confusing sentence into two shorter, clearer ones.
Clarity is more important than avoiding repetition. A judge who immediately understands who did what is far more likely to stay engaged with your argument.
3. Excessive Wordiness and Nominalizations
Lawyers are often trained to qualify, hedge, and explain, leading to long, abstract sentences. But unnecessary wordiness can hide the main point and make documents tedious to read.
What is a nominalization?
A nominalization occurs when a verb is turned into a noun, often followed by a weak verb like “to be” or “to have.”
- Verb: “The court decided the motion.”
- Nominalization: “The court made a decision on the motion.”
Why this matters
- Sentences become longer without adding meaning.
- Writing feels abstract and less urgent.
- Key actors and actions are buried in long phrases.
Quick ways to tighten legal prose
- Change nouns back into strong verbs:
“Conduct an investigation” → “Investigate.” - Cut empty openers: Remove or reduce “it is important to note that,” “in light of the fact that,” “for the purpose of.”
- Prefer one strong word to two weak ones: “Because” instead of “due to the fact that.”
4. Misusing Homophones and Commonly Confused Words
Errors with sound-alike words (such as principal/principle or ensure/insure) can undermine a lawyer’s credibility, even when the substance of an argument is strong.
Illustrative pairs that cause trouble
| Word | Meaning (legal context) | Common Confusion |
|---|---|---|
| ensure | To make certain that something happens. | Confused with insure (to provide insurance coverage). |
| affect | Usually a verb meaning to influence. | Confused with effect (usually a noun meaning result). |
| principal | Primary amount of a loan; main party in an agency relationship. | Confused with principle (a rule or fundamental truth). |
How to guard against homophone errors
- Maintain a short list of “problem words” for your office and refer to it while editing.
- Use a legal dictionary or style manual for words with special legal meanings.
- Proofread slowly, preferably on paper or a different screen view, focusing on one error type at a time.
5. Legalese and Unnecessary Jargon
Most legal readers prefer clear, plain language over ornate Latin phrases and archaic formulas. Research on plain-language laws and court forms shows that clearer wording improves comprehension without sacrificing legal accuracy.
Typical forms of legalese
- Archaic terms: heretofore, therewith, aforementioned.
- Redundant couplets or triplets: “null and void,” “cease and desist,” “convey, transfer, and assign.”
- Latin abbreviations where English would suffice: inter alia, infra, supra, e.g., i.e..
Plain-language alternatives
- Replace “aforementioned agreement” with “this agreement.”
- Use “before” instead of “prior to,” “after” instead of “subsequent to.”
- Say “for example” instead of “e.g.” if you are writing for lay clients or non-lawyers.
Some specialized terms are unavoidable—for instance, when quoting statutes or tracking precise terms of art. Outside those narrow circumstances, favor wording that an educated non-lawyer could understand on a first read.
6. Structural Problems: Disorganized Paragraphs and Arguments
Even clear sentences fail if they are arranged in a confusing order. Many judges and bar associations emphasize the importance of well-structured paragraphs to improve readability and persuasiveness.
Signs of weak organization
- Paragraphs that span most of a page.
- Multiple topics crammed into a single paragraph.
- Arguments presented as a stream of consciousness with no clear roadmap.
A simple paragraph structure for legal analysis
- Lead sentence: State the paragraph’s main point or sub-issue.
- Support: Provide authority, facts, or reasoning.
- Link: Connect the discussion to your overall conclusion or the next point.
At the document level, consider giving the reader a brief roadmap at the start of a lengthy section, explaining the order in which you will address the issues.
7. Common Grammar and Punctuation Pitfalls
Legal writing tolerates few grammatical errors. Courts have criticized filings for basic mistakes such as misused commas, dangling modifiers, and inconsistent capitalization.
Frequent issues to watch for
- Dangling or misplaced modifiers: Introductory phrases that do not clearly attach to the correct subject, producing illogical or even humorous meanings.
- Comma misuse: Comma splices (joining two sentences with only a comma) or random commas that interrupt the flow.
- Entity/person mismatch: Referring to corporations or agencies as if they were individuals with feelings or physical abilities.
Practical editing techniques
- Read complex sentences aloud; if you naturally pause, a comma or revision may be needed.
- Check modifiers: move any descriptive phrase so it sits next to the word it modifies.
- For entities, rewrite “The corporation refused to cooperate” as “Corporate management refused to cooperate,” when precision matters.
8. Tone, Professionalism, and Emotional Language
Lawyers sometimes allow frustration with opposing counsel or the opposing party to seep into their writing. Bar associations and courts regularly caution against sarcasm, hyperbole, and personal attacks in filings.
Risks of an overly aggressive tone
- Undermines your credibility if the court views you as unreasonable or hostile.
- Distracts from substantive legal analysis.
- Can prompt judicial admonitions or, in extreme cases, sanctions.
Maintaining a professional voice
- Critique arguments, not people: “This argument lacks support in the record” is preferable to “Counsel’s argument is absurd.”
- Avoid loaded adverbs like “clearly,” “plainly,” and “obviously” unless the point is truly beyond dispute.
- Assume your document will be read by clients, judges, and possibly the press. Write accordingly.
9. Skipping the Editing and Proofreading Stage
Time pressure is real, but skipping careful review can result in typographical errors, incorrect citations, and inconsistent terminology. Courts have rejected or criticized filings for such avoidable mistakes.
A simple multi-pass review checklist
- First pass – Structure: Check headings, sequence of arguments, and overall flow.
- Second pass – Clarity: Eliminate legalese, fix ambiguous pronouns, and convert passive voice where appropriate.
- Third pass – Mechanics: Check grammar, punctuation, citations, and defined terms.
- Final pass – Format: Confirm page limits, font, spacing, and any court-specific requirements.
Whenever possible, have another lawyer or staff member read important documents. A fresh reader can catch unclear reasoning and errors you no longer see.
Frequently Asked Questions (FAQs)
Q: Is passive voice always inappropriate in legal writing?
No. Passive voice is useful when the actor is unknown, irrelevant, or deliberately omitted, such as in some criminal or regulatory contexts. It becomes a problem only when it consistently obscures responsibility or makes your analysis harder to follow.
Q: How formal should legal writing be when addressing clients?
Client communications should remain professional, but they do not need the same level of formality as appellate briefs. Aim for plain language and clear explanations of risk, avoiding unnecessary jargon so clients can make informed decisions.
Q: Do judges really care about minor grammar issues?
Many judges and law clerks have publicly emphasized that grammar, punctuation, and organization matter because they affect readability and signal the lawyer’s care and reliability. While a single comma error will not decide a case, consistent sloppiness can damage credibility over time.
Q: What resources can help improve legal writing skills?
Authoritative style guides, bar association publications, and continuing legal education courses on legal writing are helpful. Many law schools and bar organizations provide grammar and usage guides tailored to lawyers, focusing on sentence-level clarity and plain language.
Q: How can I make long briefs more readable for busy judges?
Use descriptive headings, informative topic sentences, and signposting phrases to guide the reader. Break dense analysis into shorter paragraphs, and limit block quotations by summarizing key propositions in your own words, citing sources precisely for support.
References
- Plain Language: A Handbook for Writers in the U.S. Federal Government — U.S. Securities and Exchange Commission. 1998-08-01. https://www.sec.gov/pdf/handbook.pdf
- Seven legal writing mistakes to avoid — The Law Society of England and Wales. 2019-03-19. https://www.lawsociety.org.uk/en/topics/blogs/7-legal-writing-mistakes-to-avoid
- The 20 Most Common Sentence-Level Faults Among Legal Writers — Michigan Bar Journal (George D. Gopen). 1997-01-01. https://www.michbar.org/file/barjournal/article/documents/pdf4article1985.pdf
- Frequent Grammar Mistakes Made by Legal Professionals — Legal Professionals, Inc. 2020-06-10. https://www.legalprofessionalsinc.org/frequent-grammar-mistakes-made-by-legal-professionals/
- Ten Rules of Grammar and Usage That You Should Know — Georgetown University Law Center Legal Writing Center. 2013-01-01. https://www.law.georgetown.edu/wp-content/uploads/2018/07/grammar.pdf
- The 5 Biggest Legal Writing Gaffes and How to Avoid Them — Mayer Brown LLP. 2015-05-01. https://www.mayerbrown.com/-/media/files/news/2015/05/the-5-biggest-legal-writing-gaffes-and-how-to-avoid-them/fileattachment/the5biggestlegalwritinggaffesandhowtoavoidthem.pdf
- Legal Writing Tip: Common Usage Errors, Continued — Bar Association of San Francisco. 2017-06-12. https://www.sfbar.org/blog/legal-writing-tip-common-usage-errors-continued/
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