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How to Write a First-Class Law Essay

Studying law at university entails lots of essay writing. This article takes you through the key steps to writing a top law essay.

Writing a law essay can be a challenging task. As a law student, you’ll be expected to analyse complex legal issues and apply legal principles to real-world scenarios. At the same time, you’ll need to be able to communicate your ideas clearly and persuasively. In this article, we’ll cover some top tips to guide you through the process of planning, researching, structuring and writing a first-class law essay with confidence. 

1. Start In Advance

Give yourself plenty of time to plan, research and write your law essay. Always aim to start your law essay as soon as you have the question. Leaving it until the last minute does not only create unnecessary stress, but it also leaves you insufficient time to write, reference and perfect your work.

2. Understand The Question

Do not begin until you fully comprehend the question. Take the time to read the question carefully and make sure that you understand what it’s asking you to do. Highlight key terms and annotate the question with definitions of key concepts and any questions that you have have. Think about how the question links back to what you’ve learned during your lectures or through your readings.

3. Conduct Thorough Research

Conducting thorough research around your topic is one of the most fundamental parts of the essay writing process. You should aim to use a range of relevant sources, such as cases, academic articles, books and any other legal materials. Ensure that the information you collect is taken from relevant, reliable and up to date sources. Use primary over secondary material as much as possible.

Avoid using outdated laws and obscure blog posts as sources of information. Always aim to choose authoritative sources from experts within the field, such as academics, politicians, lawyers and judges. Using high-quality and authoritative sources and demonstrating profound and critical insight into your topic are what will earn you top marks.

4. Write A Detailed Plan

Once you’ve done your research, it’s time to plan your essay. When writing your plan, you’ll need to create an outline that clearly identifies the main points that you wish to make throughout your article. Try to write down what you wish to achieve in each paragraph, what concepts you want to discuss and arguments you want to make.

Your outline should be organised in a clear, coherent and logical manner to ensure that the person grading your essay can follow your line of thought and arguments easily.  You may also wish to include headings and subheadings to structure your essay effectively This makes it easier when it comes to writing the essay as starting without a plan can get messy. The essay must answer the question and nothing but the question so ensure all of your points relate to it.

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5. Write A Compelling Introduction

A great introduction should, firstly, outline the research topic.  The introduction is one of the most crucial parts of the law essay as it sets the tone for the rest of the paper. It should capture the readers attention and provide the background context on the topic. Most importantly, it should state the thesis of your essay.

When writing your introduction, avoid simply repeating the given question. Secondly, create a road map for the reader, letting them know how the essay will approach the question. Your introduction must be concise. The main body of the essay is where you will go into detail.

6. Include A Strong Thesis Statement

Your thesis should clearly set out the argument you are going to be making throughout your essay and should normally go in the introduction. Your thesis should adopt a clear stance rather than being overly general or wishy-washy. To obtain the best grades, you’ll need to show a unique perspective based upon a critical analysis of the topic rather than adopting the most obvious point of view.

Once you’ve conducted your research and had a chance to reflect on your topic, ask yourself whether you can prove your argument within the given word count or whether you would need to adopt a more modest position for your paper. Always have a clear idea of what your thesis statement is before you begin writing the content of your essay. 

7. Present the Counter-argument

To demonstrate your deeper understanding of the topic, it’s important to show your ability to consider the counter-arguments and address them in a careful and reasoned manner. When presenting your counterarguments, aim to depict them in the best possible light, aiming to be fair and reasonable before moving on to your rebuttal. To ensure that your essay is convincing, you will need to have a strong rebuttal that explains why your argument is stronger and more persuasive. This will demonstrate your capacity for critical analysis, showing the reader that you have carefully considered differing perspectives before coming to a well-supported conclusion.

8. End With A Strong Conclusion

Your conclusion is your opportunity to summarise the key points made throughout your essay and to restate the thesis statement in a clear and concise manner.  Avoid simply repeating what has already been mentioned in the body of the essay. For top grades, you should use the conclusion as an opportunity to provide critical reflection and analysis on the topic. You may also wish to share any further insights or recommendations into alternative avenues to consider or implications for further research that could add value to the topic. 

9. Review The Content Of Your Essay

Make sure you factor in time to edit the content of your essay.  Once you’ve finished your first draft, come back to it the next day. Re-read your essay with a critical perspective. Do your arguments make sense? Do your paragraphs flow in a logical manner? You may also consider asking someone to read your paper and give you critical feedback. They may be able to add another perspective you haven’t considered or suggest another research paper that could add value to your essay. 

10. Proofread For Grammatical Mistakes

Once you’re happy with the content of your essay, the last step is to thoroughly proofread your essay for any grammatical errors. Ensure that you take time to ensure that there are no grammar, spelling or punctuation errors as these can be one of the easiest ways to lose marks. You can ask anyone to proofread your paper, as they would not necessarily need to have a legal background – just strong grammar and spelling skills! 

11. Check Submission Guidelines

Before submitting, ensure that your paper conforms with the style, referencing and presentation guidelines set out by your university. This includes the correct font, font size and line spacing as well as elements such as page numbers, table of content etc. Referencing is also incredibly important as you’ll need to make sure that you are following the correct referencing system chosen by your university. Check your university’s guidelines about what the word count is and whether you need to include your student identification number in your essay as well. Be thorough and don’t lose marks for minor reasons!

12. Use Legal Terms Accurately

Always make sure that you are using legal terms accurately throughout your essay. Check an authoritative resource if you are unsure of any definitions. While being sophisticated is great, legal jargon if not used correctly or appropriately can weaken your essay. Aim to be concise and to stick to the point. Don’t use ten words when only two will do.

12. Create a Vocabulary Bank

One recurring piece of advice from seasoned law students is to take note of phrases from books and articles, key definitions or concepts and even quotes from your professors. When it comes to writing your law essay, you will have a whole range of ideas and vocabulary that will help you to develop your understanding and thoughts on a given topic. This will make writing your law essay even easier!

13. Finally, Take Care of Yourself

Last but certainly not least, looking after your health can improve your attitude towards writing your law essay your coursework in general. Sleep, eat, drink and exercise appropriately. Take regular breaks and try not to stress. Do not forget to enjoy writing the essay!

Words by Karen Fulton

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'Don't just vomit on the page': how to write a legal essay

Law lecturer Steven Vaughan explains why the best essays take discipline, editing, and teamwork

W hen Steven Vaughan, a senior law lecturer at University College London, asked students to mark a previous fresher’s work , their feedback was brutal. It just about scraped a 2:2. The students were therefore shocked to discover this “really bad essay” was written by Vaughan himself during his time as an Oxford undergrad. The reassuring point Vaughan was trying to make, of course, is that students shouldn’t worry if they are not turning in perfect essays from day one. Like any skill, essay writing requires practice. Here, Vaughan offers his advice:

MJ: How do law essays differ from other subjects?

SV: All essays are about communicating a message to a particular sort of audience, so we are looking for structure, logic, and narrative. It’s the law that makes the difference, though. New students often haven’t studied law before and are not aware of its nuance. Writing a law essay is about digging deep to uncover uncertainty and complexity within the law, and to use this to argue a position.

Students always ask, ‘What should our essays look like?’ I tell them they should be writing like the academic articles we give them to read. Obviously that’s a difficult ask on day one, but those should be a guide.

What are the most common mistakes students make when writing law essays?

There are three common mistakes. The first is students not answering the question we set. This happens for lots of different reasons – either because students are stressed and they misread it, or they don’t understand it. But whatever you do, don’t just vomit on the page. You need to think about what exactly we are asking.

Secondly, don’t write your essay like a murder mystery. I often find I don’t know where an essay is going or what the conclusion is going to be until I get to the very end. The most common thing I write in capital letters is, ‘What’s your argument? What are you saying?’

The third common mistake is an argument lacking authority. Students will often put forward propositions that are intelligent and well reasoned but don’t connect back to the law. What’s the bit of statute, case law or legal academic that you are using to evidence the claim that you are making?

What’s the best way to start a law essay?

Often introductions are long and rambling. If you can set the right tone at the beginning, it makes all the difference. I tell my students to do three things in their introductions. First, give it a context: frame the issue for the reader and for the question. Then set out your argument. And then do some signposting: tell me what is going to happen over the next three paragraphs or the next three pages.

What’s the best way to approach research?

Students don’t ask us enough for guidance on how to direct their reading. The reading list is almost always split into two parts – the required reading section and the further reading section. The required reading is stuff we just expect you to know, it’s a given. Additional reading is for when you have time, these are things you should explore.

Law students always complain about how much work they have to do. But what they don’t do is form study groups to help each other prep. One of my first-year messages is that law isn’t The Hunger Games. There is no reason why you can’t all do well. So why don’t you share the reading between you?

What really impresses me is when students divvy up the additional reading, when students create Facebook or WhatsApp groups and share knowledge among themselves.

How do you best manage your time?

My advice is always do as I say, not as I did. I was a student who was awake all night, cramming for exams and finishing my essay at 6am for a tutorial at 9am. The better advice is to try and treat your law degree like a job. So think about working 8-4 or 9-5. You shouldn’t be working in the early hours of the morning or at the weekend. That requires quite a bit of discipline. Have a timetable that you stick to.

When you think you have finished a piece, physically walk away from it, get some fresh air, go to the gym – whatever it is you do. It’s only when you come back to it later that you will notice all the imperfections and mistakes.

You have also got to build in time for getting feedback from other people, whether it’s friends, family or other law students. Give it to someone who is going to be brutally honest.

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Teaching & Learning

Legal writing in focus.

As a lawyer, teacher, and director for the past 14 years of Harvard Law School’s First-Year Legal Research and Writing Program, Susannah Barton Tobin ’04 sees a lot of legal writing, some good, some less good. But she doesn’t entirely agree with the framing of a recent article in The Economist titled, “Why legal writing is so awful,” discussing a study published in the Proceedings of the National Academy of Sciences in which the authors blamed the continuing use of “arcane” and “archaic” legal lingo, in part, on what they perceived as lawyers’ tendency to imitate their predecessors’ poor prose.  

Armed with two degrees in classics, a J.D. from Harvard Law, and years of writing and teaching experience, Tobin recently spoke to Harvard Law Today about the study and offered a few tips for new law students, long-time legal practitioners, and aspiring writers of all stripes. Above all, she says, before you open your laptop or pick up your pen, know your audience and what you are trying to achieve.

Harvard Law Today: Is legal writing as bad as The Economist and the study argue, or does it get a bad rap?

Susannah Barton Tobin: Legal writing has had a bad rap for as long as I can remember being involved in it, as a reader, as a student, and as a practitioner. But as a teacher, I think legal writing is writing. There’s good writing, and there’s bad writing, and there’s middling writing. And what we’re trying to do when we teach students how to write is to help them communicate as effectively as possible with the audience they’re trying to reach and with the particular purpose they have in mind.

I agree with the hypothesis that there’s path dependency bound up in legal writing, and particularly in the United States, where our common law tradition makes us want to stick with what has worked. But a simpler reason why some legal writing is bad is the same reason why some non-legal writing is bad: Writing well takes a lot of time and patience, particularly when you’re trying to explain complicated ideas, which lawyers almost always are trying to do.

HLT: Does it matter if legal writing is good writing ?

Tobin: I teach legal writing, so of course I think it matters. It is advantageous for students and young attorneys to be known as good legal writers. Being able to explain what the law says and how it works in a clear and honest way is an essential skill to being a good lawyer and a good citizen in the democracy. From a professional perspective, you advance further, faster if you’re known to be a reliably strong legal writer.

HLT: Where do you see bad legal writing the most?

Tobin: The two categories the study emphasized were contracts and statutory language. And it makes sense why those would be where you would start. They’re both notably long and complicated. A lot of cooks are involved, particularly with legislation, where you have lawmakers and lobbyists and all kinds of feedback and last-minute changes. There’s a great quote from [former U.S. Senator from Wisconsin] Russ Feingold ’79, after he was the only senator to vote against the Patriot Act. When they asked him why he had voted no, he said “Because I read it.” That was a particularly political point. But it speaks to the fact that nobody’s able to sit down and read these legislative documents start to finish. Is Congress trying to create something that people are going to read and be able to understand? I’m not sure that’s really what is happening anymore with legislation. So, is that a feature or a bug? It may be a feature for the people trying to pass the law, but it’s a huge bug for people who are trying to figure out what’s going on.

HLT: Where do you see the best legal writing?

Tobin: Brief writing, particularly at the highest levels of the federal courts, is where you see some of the best writing, partially because the stakes of the disputes are so high and so publicly salient. When my students are looking for good legal writing, I encourage them to read briefs that are coming out of the Office of the Solicitor General, briefs that are coming out of nonprofits and firms that practice regularly before the Supreme Court.

HLT: So, it sounds like a lot of this comes down to, as most writing does, a question of audience?

Tobin: I think that’s exactly right. And that’s why I’m not a big fan of the idea that legal writing is a totally separate animal from any other writing. If you haven’t thought about your audience, then why are you doing the writing? A former editorial writer for The New York Times, Verlyn Klinkenborg, wrote this really helpful book called “Several Short Sentences About Writing.” And he’s got this particularly memorable point about composing a sentence: Once you write a sentence, it’s an orphan that you send out into the world and you can’t accompany it to help explain it, or to say “This is what I meant. You didn’t understand what I meant. But here’s what I meant.” And that’s the conversation I regularly have with students.

HLT: Has the amount of writing that practicing lawyers do changed over time?

Tobin: That’s an empirical question. I had a conversation with a judge I clerked for in the early 2000s, who wondered why opinions were getting so long: “Why can’t we write an Oliver Wendell Holmes, Jr. style short opinion?” Part of it is the common law tradition, in which we’re always accumulating more precedent, more statutory language, new sources, and more context for any dispute that arises. If you want to be thorough, you have to trace that evolution. So perhaps there’s more writing being done. On the other hand, lawyers are writing shorter pieces, maybe less formal contributions, than they did 30 or 40 years ago. What used to be a formal memo might now be a quick email with bullets outlining the most important points. So, I’m not sure that there is more or less writing being done, but the form of it and the speed with which it’s being requested may be changing.

HLT: Does the law still need to use Latin, which is a dead language, other than in the Vatican? Or does it just serve as a barrier to entry for non-Latin speakers?

Tobin: This is a fraught topic for me because I was fortunate to study Latin at the Vatican with the papal Latin secretary, the late Father Reginald Foster. So, I’ll have to fight the premise that Latin is bad as an absolute matter. Good writing often comes from a deep understanding of etymology, which comes in large part from a deep understanding of the Latin origins of English and of Latin rhetoric. We have learned a great deal, for example, from Cicero’s powerfully persuasive writing, including his legal arguments, or from the sharp clarity of Seneca. Of course, Latin is not the only influence on English language and law.

One of my favorite quotes on writing is from George Orwell’s “Politics and the English Language”: ”What is above all needed is to let the meaning choose the word and not the other way about.” One of the reasons writing takes time is that word choice matters. It’s good advice to remind students not to use $10 words when a 50-cent word will do. I don’t want my students going out of their way to use a polysyllabic word to show that they are smart. I know that they are smart. But I think the advice also runs the risk of proving too much, because English is a phenomenally rich language, influenced by Latin and other languages. And some words thought to be synonyms don’t mean exactly the same thing as other words. So sometimes, if you’re looking for a synonym, or you’re trying to be simple and direct, you can run the risk of losing nuance, and you run the risk of losing precision. And — maybe this is going too far — losing the chance for poetry in your writing, if you keep the vocabulary too narrow. And so, I guess I would have a plea for a middle ground, as Orwell suggests — choose the right word for the meaning you want.

But I also think Latin is used less today than it used to be in legal writing. Some Latin terms of art are, from our common law tradition, embedded in the law. Our students need to know what those words mean, so they can appreciate the meaning of a judicial opinion or the way a statute is constructed. But if you’re going to use Latin, you need to explain what it means. You don’t use it just as a bomb that you throw in the middle of a sentence to impress people or confuse readers.

So, should we be using Latin to gatekeep, to make it harder for people to understand? Absolutely not. But should we get rid of it entirely? Also no.

HLT: Do you have any legal writing tips for new students, upper-level students, or even practicing lawyers?

Tobin: My best advice for good writing is to read good writing. And so, even though they have many, many pages of required reading for class, I recommend to my students that they also keep reading narrative nonfiction, like articles in The New Yorker, because it’s like listening to music. If you have good rhythmic sentences in your head, if you hear the way someone puts together varied lengths of sentences and uses transitions well, and explains complicated concepts well, that sound will stay with you. I don’t know that I’ve convinced everybody to carry Ta-Nehisi Coates, Joan Didion, John McPhee, or Toni Morrison (not just her novels but essays) around with them, but I wish they would. I will give a shout-out to Chief Justice John Roberts ‘79 and Justice Elena Kagan ‘86, two of the best practitioners of legal writing.  Their sentence-level writing is superb. Bryan Garner’s “ Legal Writing in Plain English ,” Third Edition is a particularly helpful guide. And if you’re having trouble figuring out what’s good legal writing, ask your faculty what they recommend.

HLT: So, improve your writing by reading good writing. Any other tips?

Barton Tobin: Justice Kagan likes to say that good writing is hard. It takes a lot of time. It takes multiple drafts. I think that advice can be frustrating to hear when time is limited. But it’s profoundly true. Certainly, when you’re learning a new genre, your work is not going to come out perfectly the first time. But sadly, or perhaps encouragingly, as a practitioner of legal writing, you’re never going to be done practicing. You’re always going to be working to get better. And so, we do drafts and revisions, and we receive feedback, from peers and from instructors. On the peer editing point, sometimes my students will say to me, “Well, we’re not lawyers yet. So how can we possibly give good advice to our peers about their drafts?” I say, “But you are readers, and you know how to respond to something if it doesn’t make sense. And the fact that it doesn’t make sense, actually isn’t your problem. It’s the writer’s problem. It’s not that you’re confused, but that the writing is confusing.” And so, being able to give constructive feedback, and to feel justified in giving that feedback, I think helps you become a good reader of your own prose and a good editor. You’re ultimately your own editor. At the end of the day, you’re responsible for what you submit. Whatever feedback you get, you’re developing the skill of incorporating multiple suggestions and making judgments about which changes you’re going to accept.

Finally, as a lawyer, and particularly as a litigator, you are a professional writer. And there is pleasure to be taken in crafting prose that is powerful and persuasive. As busy as lawyers are, the benefits of taking care with your words is professionally and psychologically huge. And so, I hope people remember that truth.

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How to Write a Law Essay

Last Updated: August 11, 2023

This article was co-authored by Clinton M. Sandvick, JD, PhD . Clinton M. Sandvick worked as a civil litigator in California for over 7 years. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013. This article has been viewed 240,027 times.

In a college legal studies course, and in some law school courses, you may be required to write a research paper addressing a legal topic. These essays can be tricky, because the law is constantly evolving. To secure a top grade, your essay must be well-researched and coherently argued. With proper planning and research, you can write a stellar legal essay. [Note: this article does not address how to write law school essay exams or bar exam questions, which require different techniques and strategies.]

Choosing an Essay Topic

• A narrow essay prompt might read, "Discuss the evolution and impact of the exclusionary rule of evidence in the United States." A broad prompt might read, "Discuss how a civil rights movement led to changes in federal and/or state law."
• If you are invited to choose your own topic, your professor may require you to submit a written proposal or outline to ensure that your chosen topic complies with the prompt. If you are not sure if your topic is within the parameters of the prompt, propose your topic to your professor after class or during his or her office hours.

• Hopefully, your course readings, lectures, and class discussions will have given you enough background knowledge to select a topic. If not, review your class notes and browse online for additional background information.
• It is not uncommon to change your topic after doing some research. You may end up narrowing the questions your essay will answer, or changing your topic completely.

• If you can, try to focus on an are of the law that affects you. For example, if your family is involved in agriculture, you may be interested in writing about water use regulations .

Researching Your Topic

• If you are prohibited from citing internet resources, you can still use online research to guide you to physical primary and secondary sources in your local library or bookstore.

• Look at footnotes, citations, and indexes in tertiary sources. These are great for finding books, articles, and legal cases that are relevant to your topic. Also take note of the names of authors, who may have written multiple works on your topic.

• Also find search engines for related fields, such as history or political science. Ask your librarian to recommend specialized search engines tailored to other disciplines that may have contributed to your topic.

• Never cut and paste from the web into your notes or essay. This often leads to inadvertent plagiarism because students forget what is a quotation and what is paraphrasing. When gathering sources, paraphrase or add quotation marks in your outline.
• Plagiarism is a serious offense. If you ultimately hope to be a lawyer, an accusation of plagiarism could prevent you from passing the character and fitness review.

Drafting the Essay

• An effective introduction takes the reader out of his world and into the world of your essay. [2] X Trustworthy Source University of North Carolina Writing Center UNC's on-campus and online instructional service that provides assistance to students, faculty, and others during the writing process Go to source Explain why the subject is important and briefly summarizes the rest of your argument. After reading your introduction, your reader should know what you are going to discuss and in what order you will be discussing it.
• Be prepared to revise your introduction later. Summarizing your essay will be easier after you have written it, especially if you deviate from your outline.

• State each argument of your essay as a statement that, if true, would support your thesis statement.
• Provide supporting information drawn from primary and secondary sources that support your argument. Remember to cite your sources.
• Provide your own original analysis, explaining to the reader that based on the primary and secondary sources you have presented, the reader should be persuaded by your argument.

Formatting Your Essay

Proofreading the Essay

• Open up a Word document. On the Quick Access Toolbar at the top, click on the down arrow. The words “Customize Quick Access Toolbar” will appear when you hover over the arrow for two seconds.
• Click on the arrow. Then click on “More Commands.”
• In the “Choose commands from” drop-down box, choose “All commands.”
• Scroll down to find “Speak.” Highlight this and then click “add.” Then click “okay.” Now the Speak function should appear on your Quick Access Toolbar.
• Highlight the text you want read back to you, and then click on the Speak icon. The text will be read back to you.

• Do not rely on a spell checker exclusively, as it will not catch typos like "statute" versus "statue."

Revising the Essay

• You can share the essay with someone outside of class, but a classmate more likely has the requisite knowledge to understand the subject matter of the essay.

Expert Q&A

You might also like.

• ↑ https://owl.english.purdue.edu/engagement/2/2/53/
• ↑ http://writingcenter.unc.edu/handouts/introductions/
• ↑ https://www.legalbluebook.com/
• ↑ https://support.office.com/en-ca/article/Using-the-Speak-text-to-speech-feature-459e7704-a76d-4fe2-ab48-189d6b83333c

About This Article

To write a law essay, start by writing a thesis statement on your chosen topic. Phrase your thesis statement as an argument, using words like “because” or “therefore” to state your point. Write an outline of the arguments you will use to support your thesis statement, then use that outline to build the body of your paper. Include any counter-arguments, but use your evidence to convince the reader why your point of view is valid, and the counter-arguments are not. Be sure to cite all of your sources in the format preferred by your professor. For tips from our reviewer on finding the best sources for your topic, keep reading! Did this summary help you? Yes No

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Basic Rules

Academic and professional legal writing requires you to develop an argument and demonstrate relationships between the ideas you are expressing. 

Therefore, the ability to express yourself clearly and accurately is important.  Here you will find information to help you improve your writing for any purpose in your law degree.

Academic writing in law is:

Academic writing in law does not:   

Steps to Writing a Law Essay

Throughout your law degree, you will be expected to write a range of different texts, including research essays, responses to problem questions, and case notes.

Not matter the type of text you are asked to produce for an assignment, make sure you follow these steps:

• Plan :  read the questions carefully and think about how you will answer it
• Research :  read, read and read! Make use of everything available to you - don't forget the library!
• Make thorough notes : include all important (and relevant) details and quotes and take note of the source. Make sure you organise your notes so as to make the writing task easier
• Write the first draft :  before you start writing your first draft, refer back to your initial plan and make any necessary changes now you have done your research and gathered your notes. 
• Review and edit :  remember to proofread your work!

The IRAC Method

IRAC is an acronym that stands for: Issue, Rule, Application, and Conclusion. It functions as a methodology for legal analysis and is used as a framework for organising your answer to an essay question in law school.

[ Open All | Close All ]

In legal writing, issues are the core of the essay.

This part of the essay should:

• Identify and state the issue
• Name those involved (plaintiff and defendant) and briefly describe their individual issues
• Work out what body of law may govern the resolution of the issue (e.g. Contract Law)

The rule describes which law applies to the issue. The rule should be stated as a general principle, and not a conclusion to the particular case being briefed.

• Outline the legal principles that will be used to address to the issue
• Source legal principles from cases and legislation

The application is the most important and longest part of your answer. It involves applying the Rule to the facts of the issue and demonstrating how those facts do or do not meet the requirements laid down by the rules. Discuss both sides of the case when possible.

• Explain why the plaintiff's claims are or are not justified
• Identify how the law will be used by the plaintiff and defendant to argue their case
• Use relevant cases and legal principles to support your writing
• Do not try to strengthen your argument by leaving out elements or facts that will hurt it

As with all essays, the conclusion is a statement that identifies your answer to the issue.

• Identify what the result of your argument ir, or what it should be
• State who is liable for what and to what extent
• Consider how the plaintiff and defendant could have acted to avoid this legal issue

Useful Links:

• UWA IRAC Guide This guide from the University of Western Australia offers examples of how the IRAC method can be applied to different cases.
• Law School Survival: The IRAC Method A useful site that presents a detailed outline of the IRAC method as well as skeleton outlines.

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• Last Updated: Jan 17, 2024 3:38 PM
• URL: https://top-au.libguides.com/legal-method-research-and-writing

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Mastering the Craft: Writing Effective Legal Essays for Law Students

Norma Harris, LawFuel contributor

Welcome to the exciting yet challenging world of legal writing! As a law student, mastering the art of writing legal essays is not just a requirement; it’s a fundamental skill that will serve you throughout your career. This guide is designed to provide you with tips and techniques to excel in crafting compelling legal essays.

Let’s embark on this journey of turning complex legal concepts into coherent and persuasive narratives.

Understanding the Legal Essay

A legal essay is more than just an academic assignment; it’s a critical tool for demonstrating your understanding of legal theories and ability to apply them to real-world scenarios. Unlike other forms of academic writing, legal essays require specific skills, including analyzing legal problems, using legal reasoning, and accurately referencing legal authorities.

For students who find these requirements daunting, seeking assistance from a professional essay writing service can be valuable. These services provide expertise in crafting well-argued and properly referenced legal essays, which can significantly aid in understanding the nuances of legal writing and improving academic performance.

Topic Selection and Analysis

Selecting the perfect topic for your legal essay is a critical first step. It sets the tone for your entire piece and can often determine its success.

Here’s how to make the right choice:

Relevance to Current Legal Discussions: Aim for a topic that is interesting and relevant to current legal debates or recent developments in law. This demonstrates your awareness of the evolving legal landscape.

Personal Interest: Choose a topic that intrigues you. Your enthusiasm will reflect in your writing, making the process more enjoyable and engaging.

Scope and Feasibility: Be realistic about the content of your essay. It’s better to thoroughly explore a more focused topic than to skim the surface of a broader one.

Techniques for Analyzing the Essay Question

Understanding and dissecting the essay question is crucial. Here’s how to break it down:

Identify Key Terms: Look for action words like “analyze,” “discuss,” or “compare.” These verbs define the approach you should take in your essay.

Scope of the Question : Determine the boundaries of the topic. What are you being asked to focus on? This helps in narrowing down your research.

Hidden Questions: Sometimes, essay questions have underlying issues that take time to be apparent. Look for these subtleties to address the question entirely.

Conducting Preliminary Research to Scope the Topic

Start with a broad sweep of the topic:

Initial Readings: Review general texts to understand the background and context of your topic.

Identifying Gaps: Look for areas within the topic that are under-discussed or particularly contentious. These gaps often make for compelling essays.

Research Strategies

Research is the foundation of any legal essay. It informs your arguments and supports your conclusions. Effective research involves:

Comprehensiveness: Ensure you cover all relevant legal aspects of your topic.

Credibility: Use authoritative and reliable sources to back up your arguments.

Identifying and Using Primary and Secondary Legal Sources

Understanding the difference between primary and secondary sources is vital:

Primary Sources: These are the law – statutes, cases, regulations. They form the backbone of your legal arguments.

Secondary Sources: Include legal journals, textbooks, and commentaries. They provide interpretations and critiques of primary sources and help to contextualize your arguments.

Effective Use of Legal Databases and Libraries

Utilize legal databases like Westlaw, LexisNexis, and HeinOnline for access to many legal resources. Libraries, especially law school ones, are invaluable for finding primary and secondary sources.

Maintaining Accuracy and Relevancy in Research

Stay Updated: Laws and legal interpretations change. Make sure your research includes the most current information.

Relevance: Always tie your research back to the central thesis of your essay. Irrelevant information, no matter how interesting, can detract from your argument’s coherence.

Planning and Structuring the Essay

Before diving into writing, it’s essential to plan your essay. An effective outline acts as a roadmap, guiding you through your arguments in a logical sequence. Start by jotting down the main points you intend to cover. Arrange these points in a logical order, ensuring that each one builds upon the last.

Structuring Arguments Logically and Coherently

A legal essay’s strength lies in its arguments’ clarity and logic. Ideally, Each paragraph should begin with a clear topic sentence stating the idea or point you’ll discuss.

This is followed by evidence, such as legal precedents or statutes, and then analysis, where you interpret how this evidence supports your argument. Ensure each paragraph flows smoothly into the next, creating a cohesive narrative throughout your essay.

The Role of Thesis Statements and Topic Sentences

A well-crafted thesis statement at the beginning of your essay sets the tone and direction of your arguments. It should briefly state the main point or opinion that your paper will support. Similarly, topic sentences at the beginning of each paragraph offer a preview of what the section will discuss, tying it back to the thesis statement. 

Balancing Depth and Breadth in Legal Analysis

While depth of analysis is crucial in demonstrating your understanding of the topic, it’s equally important to maintain a breadth of perspective. Avoid tunnel vision by considering various aspects of the legal issue at hand. However, beware of spreading your analysis too thin. 

Legal Argumentation and Analysis

Effective legal argumentation is rooted in logical clarity and supported by evidence. Your arguments should be based on legal principles and facts, not just opinions. Appropriate legal authorities, like statutes or case law, should back up each claim you make. 

Critical Thinking in Legal Analysis

Critical thinking is vital in legal analysis, much like how an ai essay writer free tool assists in generating content by evaluating various parameters. In legal studies, it’s about understanding the law and analyzing how it applies to different situations.

You need to question assumptions, much like an AI tool sifts through data, evaluate evidence critically, and explore the implications of your arguments. This depth of analysis, akin to the intricate processing of a sophisticated AI writer, demonstrates a higher level of understanding and engagement with the subject matter.

Addressing Counterarguments and Alternative Perspectives

A comprehensive legal essay anticipates and addresses potential counterarguments. Acknowledging and responding to opposing viewpoints strengthens your essay by demonstrating that you have considered the issue from all angles. It shows the ability to engage critically with different perspectives, a vital skill in legal analysis.

Incorporating Legal Precedents and Statutory Materials

Your arguments should be grounded in relevant legal precedents and statutory materials. Citing these sources provides evidence to support your points and shows your ability to interpret and apply legal concepts. Explain how these sources relate to your argument, rather than simply listing them, to demonstrate your analytical skills.

Legal Writing Style and Language

Clear and concise writing is paramount in legal essays. The goal is to communicate complex legal ideas in a way that is accessible and understandable. This means avoiding unnecessary jargon, wordy sentences, and convoluted structures.

Each sentence should convey your point directly and efficiently. Clarity is key in legal writing; you aim to make your argument as straightforward and understandable as possible.

Avoiding Common Pitfalls in Legal Language

Legal language is often criticized for being overly complex. Avoid these common pitfalls by simplifying your language. Avoid the passive voice, which can obscure the meaning and make your writing less engaging. Also, resist the temptation to use legal terms unnecessarily; use plain English wherever possible to convey your points more clearly.

Use of Legal Terminology and Phrases

While simplicity is essential, there are times when specific legal terminology is necessary to convey a concept accurately.

In such cases, ensure you fully understand and use the terms correctly. This demonstrates your knowledge and ensures that your argument is legally sound. However, always explain the time briefly to readers who may need to become more familiar with it.

Balancing Technicality with Readability

The ultimate goal is to strike a balance between technical accuracy and readability. Your essay should demonstrate your legal knowledge and ability to use legal language correctly, but someone without a legal background should easily understand it.

Citation and Referencing in Legal Essays

Accurate citation is crucial in legal essays. It serves two primary purposes: it credits the original authors of the work and allows readers to verify your sources. This not only bolsters your credibility but also ensures academic integrity. Please cite sources to avoid accusations of plagiarism, which can have serious consequences.

Overview of Common Citation Styles in Law

Different jurisdictions and law schools may prefer different citation styles. The Bluebook and OSCOLA are among the most commonly used.

The Bluebook, prevalent in the United States, provides a uniform citation system. OSCOLA, mainly used in the UK, is designed for legal referencing. Familiarize yourself with the preferred style for your jurisdiction or institution to ensure correct citations.

Avoiding Plagiarism and Ensuring Academic Integrity

To avoid plagiarism, ensure that every source you use is properly cited. This includes direct quotes as well as paraphrased ideas and information. Understanding and adhering to the rules of your chosen citation style is vital to maintaining academic integrity.

Editing and Proofreading

Editing is an essential step in the writing process . Begin by reviewing your essay for structure and content. Make sure each argument is coherent and supported by evidence. Then, move on to sentence-level edits, focusing on clarity and conciseness. Look out for and eliminate any grammatical errors or awkward phrasings.

Seeking Feedback and Constructive Criticism

Don’t hesitate to seek feedback from peers, mentors, or professors. Fresh eyes can catch errors you might have missed and provide valuable insights on improving your essay. Constructive criticism is a powerful tool for enhancing your legal writing skills.

From selecting a compelling topic and conducting thorough research to crafting clear, coherent arguments and ensuring accurate citations, each aspect of your legal essay is a stepping stone towards demonstrating your proficiency in law.

Remember, effective legal writing is not just about showcasing your understanding of the law; it’s about communicating complex ideas, concisely, and persuasively. As you apply these tips and techniques, you will not only enhance your legal writing skills but also deepen your understanding of the law itself.

Embrace the challenge, seek feedback, and continually refine your skills. Your journey in mastering legal essays is not just about academic success; it’s about preparing for a rewarding legal career.

About The Author

Norma Harris

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How to Write a Legal Essay: Step-by-Step Tutorial

Preparing a legal essay might seem tricky, especially if you're not used to it. Whether you're a student tackling your first law essay or someone with more experience looking to improve, knowing how to write clearly and effectively is key. A good law essay shows you understand the law and can argue your points well. In this article, we'll give you some straightforward tips on how to write a great law composition. We'll cover everything from structuring your arguments to citing your sources properly. So, if you want to learn how to write a legal paper that stands out, keep reading! Or, to save time and have an evening free from homework, use our legal essay writing service .

Understand the Question

Before diving into the process, ensure you thoroughly understand the essay question or prompt. Identify key terms and concepts to grasp what the question is asking. This initial step sets the foundation for your entire paper and helps you stay focused on addressing the core issues.

Research Extensively

A solid legal essay is built on thorough research. Utilize a variety of reputable sources, including academic journals, textbooks, case law, and statutes, to gather relevant information and support your argumentation. Remember to critically evaluate sources to ensure their reliability and relevance to your topic.

Create a Strong Legal Thesis Statement

A thesis statement should succinctly summarize the main stance or position you will defend in your essay. It serves as a roadmap for your readers, guiding them through your analysis and conclusions. Ensure your thesis is clear, specific, and debatable to effectively frame your paper.

Outline Your Arguments

Organize your thoughts and arguments by creating a structured outline before you start writing. This helps you maintain coherence and logical flow throughout your essay. Divide your composition into sections, with each addressing a specific aspect of your thesis or argumentale.

Provide Clear Analysis

A key aspect of legal essay writing is your ability to analyze law principles and apply them to the facts at hand. Avoid merely summarizing cases or statutes; instead, critically analyze their implications and relevance to your point. Use reasoning and logic to support your interpretations and conclusions.

Use Proper Legal Citation

Accurate quotations are essential in legal texts to acknowledge sources and provide credibility to your speculations. Familiarize yourself with the required citation style (e.g., Bluebook, OSCOLA) and follow it consistently throughout your composition. Pay close attention to formatting details, including proper quoting of cases, statutes, and secondary sources.

Engage with Counterarguments

Anticipate and address potential counterarguments to strengthen your own position. Acknowledging opposing viewpoints demonstrates a nuanced understanding of the issue and enhances the persuasiveness of your thesis. A legal essay addresses counterarguments directly, providing reasoned responses supported by evidence and analysis.

Maintain Clarity and Conciseness

Legal texts should be clear, concise, and free of unnecessary jargon or convoluted language. Strive for clarity in your expression, using straightforward language to communicate complex law concepts. Avoid verbosity and aim to convey your ideas in the most efficient manner possible.

Structure Your Essay Effectively

A well-structured essay enhances readability and comprehension. Ensure your paper has a clear introduction, body paragraphs that develop your key points cohesively, and a concise conclusion that summarizes your main points and reinforces your thesis. Use transition words and phrases to maintain coherence between paragraphs and sections.

Proofread and Edit Like You Mean It

As the legal essay writing process is over and you’re approaching the submission due date, carefully proofread and edit it to eliminate errors and improve clarity. Check for grammatical mistakes, spelling errors, and inconsistencies in formatting or references. Consider seeking feedback from peers, professors, or tutors to gain valuable insights and identify areas for improvement.

Avoid Plagiarism

Plagiarism is a serious offense in academic works and can have severe consequences. Always attribute ideas, quotes, and paraphrases to their original sources using proper referencing. Additionally, ensure your analysis and disputations are original and supported by your own research and insights.

Follow Instructions and Guidelines

Adhere to any specific instructions or guidelines provided by your instructor or institution regarding formatting, word count, formatting style, and submission requirements. Failure to follow instructions can result in penalties or detract from the overall quality of your essay.

Seek Feedback and Revision

Don't hesitate to seek feedback on your essay from professors, peers, or scholarly advisors. Constructive feedback can help you identify strengths and weaknesses in your content and make necessary revisions to strengthen your discussion and improve clarity. Revision is an essential part of the process and can significantly enhance the quality of your final draft.

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What Is Legal Writing? The Tale of a Discipline

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Discipline: A branch of knowledge, typically one studied in higher education. [1]

As with many stories, the story of legal writing does not have a clear beginning or end, nor does its character manifest itself in a single, clear dramatis personae. The story of legal writing can trace its beginnings to the earliest civilizations that used writing as a form of communication. Ancient Egyptians engaged in written legal transactions as early as the 6 th Century B.C. [2] A constitution written over two centuries ago forms the basis of our system of laws. Court decisions written hundreds of years ago form the basis for our common law system and are still used as tools to educate law students on legal doctrine. Legal writing has been a core component of law school curricula for several decades, [3] but the character of legal writing as a discipline is relatively new. [4]

The discipline of legal writing is unique in that it encompasses both the teaching of legal writing and the scholarship of legal writing. The focus of the discipline has shifted and morphed over the course of the last 30 years. The early scholarship on legal writing focused heavily on a single facet of legal writing’s character—the teaching of legal writing. Descriptions of legal writing programs, suggestions for more effective instruction, and critical evaluation of how legal writing was and should be taught dominated our field. [5] These early works were essential to opening a discourse about legal writing. In the discipline’s early stages, the discussion of legal writing did not move far from pedagogy.

As with any character, the discipline grew and took on new features. As a reflection of the changes taking place in the discipline, scholarship on legal writing developed and the discipline began to find a new voice. [6] While the discussion continued to include the teaching of legal writing, scholars began pulling from other disciplines; infusing theories and practices from English composition, literature, and education to create a discourse and a unique pedagogy focused specifically on legal writing. [7] As we developed our voice, by inviting other ideas and scholarship into the conversation, the discipline created new “rooms” to discuss specific concepts related to legal writing. [8] This growth helped to bring recognition to legal writing as a discipline. At this point in its development, the character of legal writing became multi-dimensional.

As the character of the discipline grew and matured, this segued into the professionalization of the field. When law schools first began teaching legal writing, the focus of many law schools was to provide legal writing instruction for the lowest cost possible. [9] As a result, many of those teaching legal writing were not necessarily invested in legal writing as a profession or a discipline. There was little or no job security. There was no form of advancement available for legal writing faculty. The discipline rose to address these concerns.

In its next phase of development, scholars and practitioners of the discipline examined the impact of job security and professional support on legal writing teaching. [10] Professionals dedicated to the development of the legal writing discipline began to find permanent homes on law school faculties. Law schools began to see the value of legal writing faculty who dedicated their efforts to and studied legal writing. This professional permanence was essential to the continued development of the discipline and to the next arc in its story.

The early voices and rooms dedicated to specific aspects of the discipline matured from germination to sprouting and production. Scholars of the discipline expanded from dissecting the practice of teaching legal writing and began to focus on law as rhetoric. [11] Progressively, the teaching of legal argument had led to curiosity about rhetorical devices and narrative techniques. [12] The importance of plain or accessible language became a key component of effective communication. [13] The intersection of legal writing and storytelling emerged as an important area of the scholarly discourse. [14] The discipline’s character developed and created new and emerging sub-characters within the story.

The discipline continues to stem new and varied sub-characters and sub-plots within the story of legal writing. It includes areas such as understanding visual rhetoric as a part of writing, [15] examining contracts and other documents from a narrative perspective, [16] applying cognitive science [17] and neuroscience [18] to explain what happens when readers interpret legal writing, understanding how bias impacts writing, [19] and appreciating how rhetorical devices in writing impact the reader’s understanding of concepts and, ultimately, the law. [20]

The discipline of legal writing is now more than simply a subject taught in law school. Legal writing, while still closely tied to pedagogy, now invites greater discussion about the impact of legal writing beyond the walls of the legal writing classroom. It is a way of thinking about how legal writing impacts society, policy, and community. These discussions challenge and stimulate our intellectual curiosity and enhance the teaching of legal writing.

When the inaugural editor of this Journal posed the question, “What is legal writing?” thirty years ago, the answer was both the same and different as the answer is today. Legal Writing is a profession. And, while legal writing is still the specialized way in which we communicate the law to society, legal writing is also a unique and thriving scholarly discipline. And as a discipline, it requires applying thought to resolve and shape ideas and policy when other logical forms of reasoning such as mathematics or the scientific method do not apply. [21] The discipline’s story now looks to the future—to its next arc, new plots, and new characters.

Oxford Living Dictionary, Discipline , https://en.oxforddictionaries.com/definition/discipline (last visited Jan. 16, 2018).

Encyclopedia Britannica, Egyptian Law , https://www.britannica.com/topic/Egyptian-law (last visited Nov. 9, 2017).

There’s some indication that legal writing instruction was taking place as early as the 1930s. See, e.g. , Harry Kalven Jr., Law School Training in Research and Exposition: The University of Chicago Program , 1 J. Legal Educ. 107 (1948). The 1994-95 LWI Survey showed that all law schools had at least a single semester of legal writing in their curricula, and most had a full year. See Jill J. Ramsfield, Legal Writing in the 21 st Century: A Sharper Image , 2 Leg. Writing 1, 4 (1996).

While some of the earliest scholarship on teaching legal writing dates back to 1921, the 1960s saw a move toward scholarship that was more than a description of how schools teach legal writing. See James R. Elkins, Teaching Lawyers to Write: A Chronological Bibliography , 22 Leg. Stud. Forum 778 (1998).

Linda L. Berger, Linda H. Edwards, & Terrill Pollman, The Past, Presence, and Future of Legal Writing Scholarship , 16 Leg. Writing 521, 525-26 (2002).

Id. at 526-27.

See id. at 527.

Id. at 530-31.

See, e.g. , Stewart Macaulay & Henry G. Manne, A Low-Cost Legal Writing Program–The Wisconsin Experience , 11 J. Leg. Educ. 387 (1959).

See, e.g. , Marjorie Dick Rombauer, Regular Faculty Staffing for an Expanded First-Year Research and Writing Course: A Post Mortem , 44 Alb. L. Rev. 392 (1980); Willard H. Pedrick, N. William Hines & William A. Reppy, Jr., Should Permanent Faculty Teach Legal Writing? A Debate , 32 J. Legal Educ. 141 (1983); Gerald Torres, Teaching and Writing: Curriculum Reform as an Exercise in Critical Education , 10 Nova L.J. 867 (1986).

See Berger et al., supra note 5, at 553; Berger infra note 21.

See J. Christopher Rideout, Storytelling, Narrative Rationality, and Legal Persuasion , 14 Leg. Writing 53 (2008).

See Joseph Kimble, Plain English: A Charter for Clear Writing , 9 Cooley L. Rev. 1 (1992).

See J. Christopher Rideout, Applied Legal Storytelling: A Bibliography , 12 Legal Comm. & Rhetoric 247 (2015).

See Steve Johansen & Ruth Anne Robbins, Art-iculating the Analysis: Systemizing the Decision to Use Visuals as Legal Reasoning , 20 Leg. Writing 57 (2015); Michael D. Murray, Visual Rhetoric: Topics of Invention and Arrangement and Tropes of Style , 21 Leg. Writing 186 (2016).

See Susan Chesler & Karen J. Sneddon, Once Upon a Transaction: Narrative Techniques and Drafting , 68 Okla. L. Rev. 263 (2016).

See Lucy A. Jewel, Old School Rhetoric and New-School Cognitive Science: The Enduring Power of Logocentric Categories , 13 Leg. Comm. & Rhetoric 39 (2016).

See Lucy A. Jewel, Neurorhetoric, Race, and the Law: Toxic Neural Pathways and Healing Alternatives , 76 Md. L. Rev. 663 (2017).

See Sherri Lee Keene, Stories That Swim Upstream: Uncovering the Influence of Stereotypes and Stock Stories in Fourth Amendment Reasonable Suspicion Analysis , 76 Md. L. Rev. 747 (2017); Brad Desnoyer & Anne Alexander, Race, Rhetoric, and Judicial Opinions: Missouri as a Case Study , 76 Md. L. Rev . 696 (2017).

See Michael R. Smith, Levels of Metaphor in Persuasive Legal Writing , 58 Mercer L. Rev . 919 (2007); Carrie Sperling & Kimberly Holst, Do Muddy Waters Shift Burdens , 76 Md. L. Rev. 629 (2017).

Linda L. Berger, Studying and Teaching “Law as Rhetoric”: Between Reason and Power , 16 Leg. Writing 3 (2010) (citation omitted).

legal writing

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Legal writing is any type of writing within the legal profession that seeks to confer legal information to others that is usually clear, concise, and above all, accurate. In many legal settings, specialized forms of written communication are required. In many others, writing is the medium in which a lawyer must express their analysis of an issue and seek to persuade others on their clients' behalf. Some of the most common forms of legal writings include briefs , memoranda , client letters, and even judicial opinions .

There are generally two types of legal writing. 

The first type requires a balanced analysis of a legal problem or issue. Examples of the first type are interoffice memoranda and letters to clients. To be effective in this form of writing, the lawyer must be sensitive to the needs, level of interest and background of the parties to whom it is addressed. A memorandum to a partner in the same firm that details definitions of basic legal concepts would be inefficient and an annoyance. In contrast, their absence from a letter to a client with no legal background could serve to confuse and complicate a simple situation.

The second type of legal writing is persuasive. Examples of this type are appellate briefs and negotiation letters written on a client’s behalf. The lawyer must persuade his or her audience without provoking a hostile response through disrespect or by wasting the recipient's time with unnecessary information. In presenting documents to a court or administrative agency he or she must conform to the required document style.

The drafting of legal documents, such as  contracts  and  wills , is yet another type of legal writing. Guides are available to aid a lawyer in preparing the documents but a unique application of the "form" to the facts of the situation is often required. Poor drafting can lead to unnecessary litigation and otherwise injure the interests of a client.

The legal profession has its own unique system of  citation . While it serves to provide the experienced reader with enough information to evaluate and retrieve the cited authorities , it may, at first, seem daunting to the lay reader.  Court rules  generally specify the citation format required of all memoranda or briefs filed with the court. These rules have not kept up with the changing technology of legal research. Within recent years, online and disk-based law collections have become primary research tools for many lawyers and judges. Because of these changes, there has been growing pressure on those ultimately responsible for citation norms, namely the courts, to establish new rules that no longer presuppose that a publisher's print volume (created over a year after a decision is handed down) is the key reference. Several jurisdictions have responded and many more are sure to follow.

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• LII: Basic Legal Citation

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• Category: Legal Education & Practice

[Last updated in June of 2023 by the Wex Definitions Team ]

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• THE LEGAL PROCESS
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Using the IRAC method in law school

Apply critical thinking to maximize your law school and bar exam scores.

1. Why use the IRAC method 2. Learn enough for exam success 3. Know what’s being tested 4. Skills to hone for legal writing 5. Read with intention 6. Think outline 7. Write with structure 8. Master the analysis

Why law students and lawyers alike use the IRAC method

In your law school classes, and eventually on the bar exam and as a practicing attorney, you will be presented with scenarios that are not cut and dry. It is your job to be able to decipher the rules of the law that apply and determine if the appropriate elements are present to resolve disputes.

The simple truth is merely memorizing the law is not enough to prepare you for cases, law school finals or passing the bar exam. Critical thinking is required. You have to actually learn and be able to apply the law when writing for exams.

While you definitely need to know a lot of rules to do well in law school and later in your legal career, it’s impossible to know all the rules of law. That’s why good legal reasoning and analysis (or the process of thinking like a lawyer) really come down to understanding the structure by which lawyers solve problems. This structure of problem-solving is known as the IRAC method — Issue, Rule, Analysis and Conclusion — and it’s what your professors and bar examiners will test you on.

The IRAC method is an efficient framework for organizing your answer to a legal essay question. But here’s the catch with using it for exam success: If you don’t know the specific rule(s) to apply to solve the problem at hand, it becomes difficult to follow IRAC.

So how do you learn enough for exam success?

For most people, rote memorization without application doesn’t last long. Learning or memorizing a ton of information without structure and without context creates a problematic environment in which to recall the rules you know and be able to apply them on exam day.

What’s important is to know enough law to figure out which facts are legally significant, and which aren’t. This requires learning three things: Rules, Elements and Stories. Start with studying the rule and the elements that make up the rule. Once you have the rule and elements down, apply a story or real scenario to the rule to solidify your knowledge and understanding.

Now you’re ready to write using the IRAC method.

Know what you’re being tested on

The idea of IRAC is that you go through an exam fact pattern, spot as many issues as you can, state the rules of law, apply the law to the facts and then arrive at a conclusion. In exam situations, this translates to:

• Issue: Your ability to figure out your client’s problem (or what problem your professor is asking you to solve).
• Rule: Your knowledge of a rule(s) that might help solve your client’s problem.
• Application (of law to facts): Your ability to determine which facts are relevant to solving the problem.
• Conclusion: How you think a court would solve the problem.

The majority of points on law school exams come from understanding or recognizing the facts and where they are derived from (steps 1 and 3). Can you figure out the problem (issue) and can you solve it by figuring out the law (which facts are actually applicable to that issue). This understanding, and showing it in a very organized manner, can be the difference between an “A” answer and anything else.

Although it’s not the only way to structure an essay answer, the IRAC method is an effective tool for organizing your thinking and your writing. It helps to ensure all the bases are covered as you learn how to respond to legal issues.

Key skills to hone for your legal writing

Your goal in mastering the use of the IRAC method is to answer essay questions in a way that demonstrates your competency to practice law in the future. This means performing a concise legal analysis for each of the small problems presented in the fact pattern. Legal writing success comes down to Reading, Thinking and Writing like a lawyer.

A good rule of thumb is to allocate a third of your time to the reading and thinking part of the learning process and two-thirds of your time writing your answer.

Read with intention

Start with the call of the question (what issue needs to be solved) prior to reading through the fact pattern. This will help you begin separating relevant from irrelevant facts. As you are reading through the question, you should always be asking yourself: Why is my professor telling me this? Is this relevant fact?

While reading through the fact pattern, make note of which facts are outcome determinative and mark or highlight them. These are the facts that will help you figure out the question — so they should go into your outline.

Think outline

Think about which rules apply to your facts and put them in an outline. Then, go back to the highlighted facts from your hypotheticals and add them to your outline. Your outline should be brief. Keep it to what rule you are going to use and what facts you are going to apply.

Important note: If you do not have facts to apply to every element of your rule, the rule shouldn’t be in your outline.

• Rule: Element 1 , Element 2 , Element 3

Write with structure

Follow the IRAC structure when you begin writing your answer unless your professor requires otherwise. Be sure to look back at the facts you didn’t use to confirm that they aren’t part of the rule. With an organized and well-thought-out approach, you will be left with plenty of time to write because you’ll know exactly where you are going with your answer (thanks to your outline). Every time you get a new rule or identify a new issue, just remember to start a new IRAC analysis.

Master the analysis to write better exam answers

You might be thinking to yourself, this all sounds good in theory but how does this system for approaching law school finals really work in practice? As you begin to write out your exam answer, we recommend you analyze each dispute or issue raised using the IRAC method as follows.

Issue Start by stating the question you plan to address in precise legal terms. Your answer should then cover all the main legal aspects of the issue in a neutral tone without being too general or oversimplified. Just remember to avoid using specific names of any parties involved or other proper nouns.

Rule Next, state the applicable law or laws. If several laws could be applicable in the case, be sure that the number of rules matches the number of issues you’ve stated. Be clear and concise when defining the relevant elements of the rule and term of art.

Application Then, apply the rules to the facts using supporting arguments. Be sure to spell out everything and include counterarguments whenever possible. This is a good place to use an Issue T to break down the problem into its component parts and as a way to remember to discuss which facts in the fact pattern either support or prevent application of the rule. Address each fact given and the logical inference to be drawn from it.

Conclusion Finally, it’s time to summarize the entirety of your findings using a clear-cut conclusion for each issue as well as the question asked. In close cases where a number of outcomes are possible, it is usually best to go with the most feasible and fair conclusion and state why it is your position. Discuss the merits of each outcome in your essay answer without considering yourself bound by the “general rule” or “majority view” (unless the question clearly calls for such). Ultimately, your conclusion should offer the expected legal ruling.

Congratulations, you’re learning to resolve disputes!

The great thing about grasping the IRAC method and the Read, Think, Write skills is that once you hone them, they will serve you well not only through the Multistate Bar Exam — no matter if the questions are multiple-choice or essay — but through your real-world practice as well. BARBRI takes those critical strategies to task in our proven, time-tested bar prep program. That’s why every single year, more students pass the bar exam with BARBRI than with all other courses. Combined.

Understand that law school finals and the bar exam are not tests of your ability to simply recite rules. Ultimately, they are given to test your ability to apply the rules to new factual situations. When you master this process, you begin to learn and recall the rules on your way to helping people resolve disputes. That’s what being a lawyer is all about.

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Home » Blogs, News, Advice » Career Advice » 14 Legal Essay Writing Tips [OR] How to Write and Win Law Essay Writing Competitions

14 Legal Essay Writing Tips [OR] How to Write and Win Law Essay Writing Competitions

• Apr 7, 2014
• No Comments

By Tanuj Kalia

A friend on Facebook asked me about this on Facebook. I gave whatever ‘general’ advice I had to offer. She liked it and hence this “Legal Essay Writing Tips” post on Lawctopus.

Pre legal essay writing tips

A lot of essay writing competitions, even those with huge prize monies, receive very very few entries .

Out of the 25-30 entries that are received in an average essay competition, half are pathetic.

The odds that a well-written, well-researched essay wins the big prize money is pretty good.

Read ‘about’ the essay competition in detail.

Do read the brochure or the website carefully even before starting to write.

Know about the organisation which is organizing the essay competition, about what they are expecting, the rules, regulations etc.

Before starting to write an essay you should ideally consult a competent faculty member, unless of course, you yourself have made a project on it.

If you can find no faculty member with that subject as her specialisation, ask her to refer you to another faculty or a senior researcher.

Discuss the subject/essay topic with him/her. This will save you a lot of time and effort.

^ This will be your Bible.

On the Essay Now

Read extensively and from various sources on the subject. Take notes.

This can easily go on for 4 days-2 weeks depending on the subject.

Based on your extensive reading, decide upon the draft topic you are going to write on.

Make a brief, draft structure/table of content s.

Now read intensively on the topic, sub-topics.

Read only from high quality, authentic sources now.

Write with a flow, without any editing. Keeping writing. Do not revise for now .

Writing is hard and you would not want to stop that.

Be precise . Make each sentence count. Make each word count.

Make sure that your essay contains an argument . That gives a strong voice to the essay.

Your arguments are backed and strengthened by the sources you cite.

Cite properly. Sources from the internet should not make all of your citations. Books are still wonderful and scholarly.

After having written and written for long, edit ruthlessly .

Edit for words, sentences, paras, chapters.

Don’t keep words just to meet the word-count.

Check again for any errors in spellings, grammar, sentence construction etc.

If a sentence sounds confusing, re-write it.

After it’s done

Get a friend or a faculty to read your essay.

It serves as an important second revision . Ask for inputs too.

Give your essay a kick-ass title .

Give your chapters/sections kick-ass sub-titles too. Make the reader want to read your essay.

Make sure the essay looks neat .

Formatting gives the essay a good packaging and makes it stand-out from the crowd.

More tips are on this Legally India write-up here .

Download some prize-winning essays from SpicyIP  here .

Buy the book called ‘Elements of Style’.

Make Chicago Manual of Style your Bible.

Get a brand new kind of individual  essay help  on ThePensters.com.

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How To Write A Legal Essay ?

‘Write an essay’ is  a routine question in LLB examinations and in the Civil Judge entrance examination.

Before to understand the essentials of writing an essay, we should first understand the meaning of the word ‘Essay’.

The word “Essay" derives from the French word “Essayer”, meaning "to try" or "to attempt". An essay is essentially an attempt to explain  the writer’s prospective on any given subject. It is an attempt to show what a writer think about the given subject. A skillfully written essay shows the analytical power, linguistic ability and power of expression of the writer.

Following are the steps for writing any essay:

1)      Context : First, the writer has to identify the given topic for the essay. What is the context, who will read the essay (audience)  and what is expected from a writer in the essay. It is necessary to find out the desired length of an essay. Should it be five paragraph or ten paragraph of may be twenty pages. At the first sight, the context of the topic should be identified and  understood.

2)      Essay –Plan :  Draw the plan : It is to plan that what is required to write to meet the objective of the topic. For this, writer must have  good information about the topic, must have read the discussion, relevant provision, judgments, article on the given topic so that a short essay can be written.

3)      Introduction : When writer commence writing an essay, he has to first give a introductory note on the giving topic. The introductory note can be initiated by the opening sentences like ‘Atrocity on women is the course on humanity’, ‘Reservation is an essential  for our society’. Introductory paragraph should be informative, catchy and attractive so that the reader get hooked by the paragraph and start reading the essay.

4)      Body content : After the introduction of the topic, one should come directly on the subject matter discussion and information sharing. Identify atleast three specific points which the writer would elaborate in the essay. Explain the identified points in considerable length. Support the explanation with few vital and convincing facts.  Body content must be full of facts which a reader should know. These facts should be relevant to the topic. The body content can have details like “After the amendment in the Indian Penal Code, the cases of dowry death started following in the police station and the society has started  abstaining from the family of accused of dowry matters.” “ Media has initiated a public trial and the politician were pronounced convicted in the eyes of public”. Body of content can be of two or three paragraph or even more. Length depends on the knowledge of the writer , requirement of the topic and the defined word count.

5)      Conclusion of the essay : The last paragraph should always be a concluding paragraph. By this paragraph, writer concludes his writing . It is paragraph where writer gives his thoughts on the topic, his personal view points, suggestion and a message to the reader. This paragraph shows the inner capacity of the  writer about the level of understanding and maturity with the writers.

6)      Language  of an essay :  The essay should be language of good quality. One should choose the word carefully. The sentence  may be short and easily understandable. Grammar should be correct. Avoid any ambiguous  words.  Abbreviation  should be strictly avoided. 

7)      Revise : Before finalizing the agreement one should revise the essay. The fair criticism to essay would be great help for improve in quality. Repetitive words should be picked out of the essay. If required, paragraphs should be rearranged.  It should be kept in mind at the time of revising the essay that it should meet the objective of writing it and justify  the ultimate purpose of writing the essay on the given topic.

8)        Check the Flow : Check the flow and rhythm of the sentences in the essay. One sentence should follow the other or should be in line with the same. The sentences should be sequentially arranged and give a flow to the reader. Any surprise or interruption to the flow  should be avoided. Sentence should be arranged in brick by brick manner.  The arrangement of sentence should give a feeling of comfort and easy flowing to the reader.

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Writing legal Essay -Legal essay introduction and 5 tips for better legal writing

• October 6, 2022
• Posted by: IGBAJI U.C.
• Category: Academic Writing Guide

What is an Introduction?

An introduction can be regarded as the first section in an article, essay, book and other forms of writing which are aimed at stating the aims and objectives of the paper. Similarly, an introduction can be regarded as the first portion of a written piece which gives a brief description or summary of the points, theories or examination which will be carried out during the course of the write-up.

Content Outline

Why is an introduction important?

Introduction in all spheres of writing is important for a variety of reasons, some of which include;

• It serves as the reader(s) first impression of the written piece.
• It gives more credibility to the written piece.
• It prepares the readers for the body and conclusion of the written piece.
• It establishes and maintains the interest of the reader.
• It provides a summary of the main points which will be discussed in the essay.

What are the characteristics of a good introduction?

A good introduction ought to contain the following characteristics or attributes;

• A preview of the main and/or essential points in the written piece, all of which ought to revolve around the subject matter of the written piece.
• A good introduction ought to establish and maintain the interest of the reader(s).
• A good introduction ought to contain mind-blowing facts revolving around the subject matter.
• A good introduction ought to be well-structured, brief and very understandable.
• A good introduction ought to state the main focus of the written piece.

What is Legal Writing

Legal writing in a nutshell can be regarded as any piece of academic writing which makes in-depth or intricate provisions for legal issues, problems and solutions. Similarly, Legal writing can be regarded as a form of academic writing, mainly used by Lawyers, strictly for the purpose of presenting in-depth legal analysis regarding different subject matters and/or different topics.

Why is Legal Writing Important?

Legal writing plays an important role in both the education and the career of the Lawyer. This is so because, in both situations, the lawyer will be asked to communicate with the opposing counsel, the judges and clients by providing clear and well-articulated arguments.

This can only be done with the aid of proper legal research and legal writing. Alternatively, in order to come up with well-detailed arguments, the lawyer ought to consult and make use of different cases, different subject matters regarding non-law related cases as well as the court’s judgement in specific matters.

This simply implies that during the course of carrying out this particular form of writing, the Lawyer becomes overfed with a vast amount of information regarding different subject matters.

What is a Legal Essay?

Simply put, a legal essay can be regarded as a long piece of academic writing which dwells on and examines core legal issues or matters. Similarly, an essay can be regarded as a common form of assessment in the legal field which is used to examine the analytical power, knowledge of the language and the subject matter of the essay and research ability of the student.

In other words, in the legal field, essays are extensively used by lecturers to determine the ability of the student to conduct legal research, the ability of the student to analyze and deduce conclusions regarding a particular legal issue and the ability of the student to provide well-written and detailed sentences.

Writing a good introduction in a legal essay

In order to produce a well-written introduction in a legal essay, it is vital to take note of the following key steps:

Start off with a hook

Simply put, a hook in an essay can be regarded as an opening sentence(usually situated at the beginning of an essay or any other form of the written piece) written with the intention of grabbing the interest of the reader(s). A hook can be written in many forms, however, the basic types of hooks include;

Statistical Hook; This is simply a sentence based on the statistics, percentages or general numbers relating to a particular topic. For example; ‘ It is estimated that about 600 women, most of which were disguised as men, served during the American civil war’

Question Hook; A question hook can simply be regarded as a sentence which poses a rhetorical question to its readers. Similarly, a question hook can also ask the readers to visualize a particular scenario in their heads. For example; ‘ Have you ever wondered how much competition Nigeria would be in the international market under a booming economy and good governance?’

Quotation Hook; As its name implies, a hook is an opening sentence which consists of a quote or a word previously stated by another person relating to that particular issue. For example; ‘Abraham Lincoln defines democracy as ‘a government of the people, by the people, and for the people’.

Informal/Unreliable Hook; An informal or Unreliable hook is an opening statement which is purely based on personal stories and/or hypotheses without formidable and intellectual evidence to back it up. Similarly, the sentence can also be a figment of the writer’s imagination and not necessarily real.

For example; ‘ As a child, I always heavily abused both physically and mentally by my parents, the people who were meant to be my guardians and heroes in the world. As I grew older, it only seemed to get worst, I was always lacking in one area or another in their eyes, i was always guilty for something.

This had a heavy impact on my self-confidence, my self-esteem and my relationship with the people around me. Being a victim of parental abuse myself, I have come to the conclusion that people who are abused in their childhood years, always struggle with key areas in life and it could lead to worst cases like depression, anger, heavy addiction and even suicide’.

While curating introductory hooks in a legal essay, it is vital to note that the hook must be aligned with the nature of the essay and the subject matter. Similarly, statistical and quotation hooks are the most suitable for legal essays.

Define the key term(s):

After providing a hook, to attract the attention of the reader(s), the next step will be to trap and maintain the interest of the reader(s). The best way to do this is by providing a proper definition of the key term or subject in the essay.

This definition may either be brief and singular or it may be a variety of definitions based on the view of the writer and past scholars, it all depends on the nature of the legal essay being written and its word count. Similarly, while writing the hook, it is important for the writer to directly link it to the definition(s) which will be provided in the next phase of the introduction.

For instance; ‘ It is estimated that about 45% of the people in Nigeria are either neglected or abused from birth till their late teens. Similarly, it has been estimated that about 20% – still in that 45% – are females who are often abused all their lives. Abuse, in the regard and, in its simplest form, can be regarded as the cruel or violent treatment of a person or an animal’

State a summarized version of the core points of the essay:

After providing defining the key term(s) in the essay, the next step will be to introduce the problem or issue to be discussed and the core points relating to that particular problem. Depending on the nature of the research, this process may be brief or lengthily summarized. Alternatively, it is vital to tell the reader(s) how these points will be played out or written in the essay. It is also important to consider that these steps need to be portrayed in the most formal way possible. Hence, the writer ought to make use of;

• Legal terms – this could be Latin phrases or extremely ancient words – , it should be minimal or appropriate for the introduction, not excessive.
• Properly structured sentences with adequate punctuation marks in the right areas.
• Properly cited words or phrases.

5 tips for better Legal writing.

Legal writing is an important aspect in the field of Law, one all Law students and Lawyers must surely face at one point in time or another. This means that everyone in the legal field ought to have firsthand knowledge of the basics of Legal writing. Thus the aim of this article is to provide five basic tips which can be used to enhance or improve the Legal writing techniques of Lawyers and Law students. These tips include:

Quote Sources Appropriately:

In all disciplines, referencing is required to add credibility to the research and the piece being written. These ‘references’ could be past materials relating to the subject matter or topic of the given assessment.

In the legal field, students are required to make use of statutory provisions and case laws alongside other scholarly works relating to the topic. It is important to note that, regardless of how needed citations and sources can be, it can also get to a point where it may become too much, thus making the piece more complex and ambiguous than it ought to be.

Hence, during the legal writing process, legal writers are advised to make use of scholarly sources moderately. This can be done by placing two to three sources in a paragraph and about five to fifteen in a section, depending on how large or small they may be.

Use proper and plain English:

In the legal field, students and lawyers are often encouraged to make use of ambiguous words when constructing a legal piece. However, in a situation whereby the bulk of the words used in the legal piece is ambiguous and complex, the written piece will be unreadable to both the layman and an expert in the field. In this regard, legal writers are advised to:

• Make moderate use of ambiguous words.
• Construct sentences properly by placing punctuation marks in the right places and spelling words correctly.
• Using plain or simple words to describe the basic terminologies or theories revolving around the subject matter of the research.

Make great use of Legalese:

Legalese or ‘the legal language can be regarded as the technical language used in the legal field. It includes formal, archaic and often Latin words used to describe particular terms or processes in the legal field.

Examples of legalese could include Quid Facit Per Alium, Facit Per Se(He who does an act through another does the act himself), Consensus ad idem(Meeting of Minds), Consideration, Offer and so on. In the legal field, legalese is almost as important as case laws and statutory provisions which give massive credibility to the work.

Hence when legal writers are given assessments by experts or other professionals in the field, they are advised to make gracious use of the language. However, in a situation whereby the legal writer is constructing a piece for a layman, he/she is advised to make more use of plain English than the alternative.

Conduct proper legal research:

Legal research is simply regarded as the process of sorting and identifying information or sources, in the bid to provide solutions for legal problems and evidence for the legal hypotheses. Legal research is an important aspect of law and legal writing as a whole.

This is so because the writer has to first of all understand and identify the key points in the research before settling down to organize these points in a formal manner. Hence, it is vital for legal writers to conduct in-depth legal research before and during the legal writing process.

Re-write and proofread

The legal profession demands perfection in all things(even though it may be unachievable at some point). Hence, during the legal writing process, it is important to re-write after producing the first draft at least once.

This is so because when carrying out this process, the writer will be able to identify the areas that are lacking, come up with new theories and conclusions relating to the subject matter and identify the grammatical errors or problems in the sentence.

Alternatively, proofreading, as the last step in legal writing is also an important piece of the puzzle. It aids in the identification of errors and the restructuring of poorly written sentences. Hence, after the entire writing process, legal writers are encouraged to proofread thoroughly before sending out the written piece for examination.

Similarly and for more efficient results, legal writers are advised to seek help from friends or the internet when proofreading. In the case of friends, they can serve as a fresh pair of eyes, thus making it easier to identify errors which the writer may have missed.

In the case of the internet, there are proofreading tools, either paid or otherwise which can be used during the proofreading process. It is often faster and it produces more effective results compared to the ones done by humans.

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Writing guide.

Essay Writing – The Art of Allergic Essays

Urgent essays, such as other essays, require exact and comprehensive preparation. If you wish to learn the craft of urgent essays, it is crucial that you research what constitutes this article. It’s not essential that you make a draft and send it to a instructor; writing it in your own words needs you to do so. This manner, you become skilled in the craft of essays that are pressing.

The first thing you will need to understand about composing urgent essays is the pupil’s personality. The tone and style of the essay ought to be according to the personality of the pupil. Hence, before starting on the urgent essay, you must be sure the article is fit for the personality of the student.

The next point which you will need to consider is the manner of writing of the character. Some pupils are famous to compose essays having a more elegant tone whereas others could write in a more formal fashion. It’s essential that you decide on the ideal tone to the personality of the pupil.

Once you have chosen the personality of the student, you should proceed with this article. You must know how to craft the essay and what you ought to avoid. You can ask some of your friends to guide you in this aspect. They can help you by providing you some guidance also.

Reading is also an important function of essay writers in the shape of preparation. While reading, you should be aware of the subject or subject of this essay which you’re writing. This will let you keep from making mistakes while writing the essay.

There are various kinds of writing too. You shouldn’t write a prose essay only; you might also have several paragraphs in a magazine to aid in creating the notion of this essay. The essay that you have prepared should be succinct.

To create the composition of this article as clear as you can, you can use the’spacing’ phrases. It’s possible to use the’clutter’ for satisfying space,’holism’ for detailing the topic,’boundedness’ for outlining,’innocence’ for describing the topic,’theoreticality’ for speaking the topic in detail, and’ontology’ for describing the topic in an abstract way. These are a few of the available’spacing’ words.

This www.campograndenews.com.br is not all, you should also practice in writing a composition with no longer than 10 minutes for each paragraph. You must be very disciplined should you would like to master the art of essays that are pressing. With time, you will have the ability to produce an impressive and thorough essay.