This week in the Law School Insider, I interviewed Distinguished Professor Emeritus at Cooley Law School , Joe Kimble. Joe Kimble shares why it is so important for you to write in plain language as both a law student and a lawyer.
Joe Kimble's expertise area is in legal writing, and over the last three decades he has made it his mission to change the discourse & conversation about getting law students and lawyers to use plain language in all that they do.
What is Plain Language?
Joe Kimble says that the goal of plain language is to allow people to easily understand what you say and what your message is. Writing clearly for your intended audience is important no matter where you are in your legal journey. Writing is an act of communication, and it should be as direct and to the point as possible. All writers have a responsibility to not waste their readers' time and energy.
What are lawyers hesitant to do this?
Joe Kimble mentioned that some people think that lawyers conspire to write in a way that people cannot understand, but Joe does not believe that's true.
In his opinion, it is more that people throughout law school and in their careers develop bad habits or suffer from inertia or rely on old forms and models.
Also, for some, there are false notions of prestige that they associate with writing in legalese.
But that style has been ridiculed by the public and even within the profession for centuries. If clients expect convoluted writing from lawyers, it's probably because they have been conditioned to expect it. And that does lawyers no credit.
In the end, Joe Kimble says that it's a "lack of will and lack of skill" that keeps lawyers from changing.
Writing plainly, clearly, directly, and efficiently is not as easy as it looks. While good writers make it look easy, it takes time, dedication, and practice. So it becomes a lifelong job to write well, just as it does to play an instrument well.
Things you can do before law school to become a stronger writer
To write well, you have to read like crazy and also be a keen observer of what you read. As you are reading, you should note the techniques that good writers use and then emulate or adapt them.
As you are going through your undergraduate classes, you have to practice your writing. This can happen through courses that require you to write analytically and then get critiqued on your writing. Every writer needs a good reviewer, editor, or teacher to show them how to improve.
Before law school, read some of the good books on how to be a better writer. Joe Kimble suggests possibly starting with these:
- Writing with Style by John Trimble
- Style: Lessons in Clarity and Grace by Joseph Williams
- Revising Prose by Richard Lanham
Pick up one of these and then continue to read about good writing throughout your career.
In Law School
When you get into law school, Joe Kimble says that you should pay close attention in your legal-writing courses. And you should try to avoid the influence of all the reading that you will do in other courses--appellate opinions and codes that are generally not models of good legal writing and drafting.
Here are some books that will help you become a better legal writer:
- Plain English for Lawyers by Richard Wydick
- Legal Writing in Plain English by Bryan Garner
- Lifting the Fog of Legalese by Joe Kimble
There are many others. For a longer list, see appendix 2 in Lifting the Fog of Legalese.
I had asked Joe Kimble about some examples of bad writing and he gave me these (among others):
BAD - "In witness whereof the parties hereto affix their signature."
GOOD - Cut it. Just have a signature line and sign the contract.
Joe Kimble also helped to rewrite the Federal Rule of Civil Procedure, one section of which originally said:
"When two or more statements are made in the alternative and one of them if made independently would be sufficient, the pleading is not made insufficient by the insufficiency of one or more of the alternative statements."
The re-written rule is: "If a party makes alternative statements, the pleading is sufficient if any one of them is sufficient."
In the end, Joe Kimble stated that people who write well tend to be successful in the legal profession, so why would you not want to hone this skill?
Did you like this interview? Do you have a question for Professor Joe Kimble? Leave a comment below to let me know!
Are you a practicing lawyer? A law student? Would you like to be a guest on an upcoming episode of the Law School Insider? Send me an email at lawschoolinsider@cooley.edu