The end of fall in New England. The trees are bare. Leaves crunch underfoot. Mornings bring a frigid chill that whispers of the winter to come. During these reflective autumn days, amidst the trepidation of exams, I often ponder my journey so far through law school and particularly how it has reshaped my understanding and approach to writing. While in undergrad, writing was taught to evoke a more emotional response through vivid imagery and ideas, legal writing thrives on a different kind of grace — that of precision and clarity. 

Legal writing is a world away from the lyrical prose of Hemingway and Joyce. It is an economical discipline where every word carries weight, and the flourish of language gives way to the sharpness of mercilessly direct expression. In the world of statutes, case law, and legal reasoning, the ability to communicate complex ideas in a simple and effective manner is an exercise in disciplined succinctness. 

The transition from the descriptive and narrative prose of the liberal arts to the concise articulation demanded by legal writing is a challenging endeavor. Legal writing demands a pure focus on the essentials – the relevant facts of a case, the applicable law, the argument at hand. To go against the spirit of this article, legal writing can be described as akin to stripping the fluff of one’s thoughts completely bare, leaving only what is crucial and relevant. For first-year law students making this transition, the key lies in embracing the purpose behind this unique form of writing. Legal writing serves to inform, argue, persuade, and resolve. It is less about inferring context and meaning through lyrical prose and more about presenting arguments and principles in a manner that is immediately understandable. 

Consider a case involving a dramatic breach of contract. In literary writing, this would entail a rich, creative exploration of the narrative involving metaphors, motifs, and literary devices to keep readers engaged. This would allow for a free-flowing structure, where the intricacies and nuances of the parties’ relationships may be explored in depth. The writer has full liberty to experiment with form, style, and perspective, presenting a multifaceted view of the situation that engages the reader’s emotions and imagination.

In sharp contrast, legal writing demands a disciplined and rigorously structured approach. The same breach of contract is stripped to the bone. The emphasis is placed squarely on the relevant facts: the explicit terms of the contract, the specific actions of the breach, and the concrete damages incurred. The law is applied to these facts in a direct and logical manner, with the aim to inform rather than entertain the reader. 

There is an art to this stripping away. A skill in molding together the precise language of the law with the narrative elements of literary writing. The true challenge for law students lies in learning to merge these two distinct styles by knitting together the directness and structure of legal writing while retaining the eloquence of narrative prose. Such a synthesis is not merely an academic exercise, but a practical skill that defines our ability to communicate effectively as lawyers. By doing so, we become not just writers or lawyers, but storytellers who can wield their powers of prose and precision to advocate, persuade, and ultimately, to seek justice.

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Christopher Tan is a first-year student at BC Law. Contact him at tanbw@bc.edu.