From Passable to Polished: Unlocking Excellence in Legal Writing

A review of Elegant Legal Writing by Ryan McCarl, University of California Press. (2024)

Ryan McCarl's "Elegant Legal Writing" is a practical guide that equips attorneys with the tools and techniques to transform their writing from average to exceptional. This book is not just another legal writing guide; it's a resource that empowers lawyers with practical advice backed by cognitive science, stylistics, and the author's extensive litigation experience. It's a guide that doesn't just tell you what to do, but shows you how to do it, offering clear, actionable advice for crafting compelling legal documents.

The book is structured into three main parts, each addressing a crucial aspect of effective legal writing: style, substance, and process. In the style section, McCarl presents the core principles of legal writing, with chapters dedicated to achieving concision, using plain language, constructing strong sentences, improving organization and cohesion, and striking the right tone. The substance section dives into the practicalities of composing persuasive briefs and motions, strategically using legal authority, and telling a client's story through an engaging narrative. Finally, the process section tackles the real challenges of the writing process itself, from battling procrastination to leveraging technology to enhancing document design. 

Throughout the book, McCarl convincingly demonstrates how readability, aesthetics, and persuasiveness in legal writing are intertwined. Examples show how small choices related to word choice, sentence structure, organization, and presentation can affect how a document communicates to busy readers like judges. The book reveals the "why" behind excellent legal writing, not just the "how."

Another standout feature is the book's treatment of often-neglected topics like writing technology and typography. In our digital age, more is needed to write well - you need to know how to harness tools like Microsoft Word and understand the principles of effective document design. As McCarl notes, "Litigation is stressful enough without wrestling with your word processor."

But perhaps the book's greatest strength is McCarl's empathy and understanding of the writing process. He acknowledges the daunting nature of major writing projects and offers an array of useful strategies for overcoming procrastination, maintaining focus, and writing more efficiently. Any attorney who has struggled with the psychological barriers to producing their best-written work will find McCarl's advice in this area helpful and deeply validating.  

With its potent blend of advanced techniques and fundamental skills, Elegant Legal Writing is for both seasoned litigators and law students. While the focus is on litigation documents, the book's tips on concision, clarity, and persuasiveness apply equally to transactional lawyers and professionals in law-adjacent fields. This book is not just for those looking to improve their writing, it's for anyone who wants to master the art of effective communication in the legal world.

Whether you're a law student, new associate, or seasoned partner, investing the time to read and absorb the lessons in this book is likely to pay enormous dividends. Elegant Legal Writing is a significant addition to the legal writing literature and deserves a place on every attorney's reference shelf. Ryan McCarl is a gifted teacher and a powerful writer, and reading this book is like taking a master class in the art and science of legal writing.