Effective Writing For Everyone: Ten Tips from a Litigator

Words matter, whether you’re a litigator, a business professional, or anyone who writes to persuade. They frame issues, drive arguments, and influence decisions. Whether you’re drafting a legal brief, a business proposal, or even an important email, strong writing is not just an academic exercise—it’s a tool for getting results. We always communicate with a purpose.

Here are ten key takeaways to elevate your writing, no matter your profession.

1. Write in the Active Voice (Nearly Always)

The easiest way to write well is to use the active voice. It’s the most natural way for us to understand and communicate. After all, we think in the active voice and speak in the active voice. Why go against nature?

• As a tip, check your writing for passive voice and switch it to active voice. You will be surprised at how much stronger your writing becomes.

Compare:

• "The contract was breached by Mr. Smith." to "Mr. Smith breached the contract."

• The second sentence is more straightforward and more direct. While passive voice can be helpful in rare instances (such as when the actor is unknown or less important), active voice should be your default.

2. Use Plain, Clear Language

I have always admired writers who explain complex concepts in simple, direct words. Good writing isn’t about showcasing an impressive vocabulary—it’s about being understood. 

Remember, plain language does not mean plain arguments. Your analysis and storytelling do the work. Precision keeps the focus on your message rather than forcing readers to decode jargon.

3. Let Verbs Do the Heavy Lifting

Verbs are the engines of our sentences. They impart the most essential information to the reader. If you write in the active voice, use plain words and remove excess language. All that’s left are your verbs.

Compare:

• "Mr. Smith unjustifiably misappropriated" to "Mr. Smith stole."

• In the second sentence, a strong verb delivers the message—no need to dress it up.

4. Minimize Adjectives and Adverbs

Many believe adjectives and adverbs add emphasis, but they often create fluff. Instead of a dramatic adjective or adverb, choose a verb that conveys your message with impact.

For example:

• Instead of "Mr. Smith unjustifiably converted," say "Mr. Smith stole."

• Instead of "The completely unjustified and egregious breach of contract," say "The breach of contract was unlawful."

Let the facts and arguments speak for themselves. It’s difficult enough to get someone to read beyond the first paragraph.

5. Keep It Concise: Less is More

Avoid unnecessary words. To hold a reader’s attention, writing must be clear and impactful. Brevity enhances clarity and keeps your reader engaged.

For example:

• Instead of "In order to determine," write "To determine."

• Instead of "Due to the fact that," write "Because."

We were taught to “paint a picture.” That’s fine; just use a small brush. 

6. Avoid Lengthy Introductory Clauses

Some writers introduce a new point by restating what they just said. It works well in an interview, but you're not on camera. This repetition distracts the reader.

Instead of:

• "While Mr. Smith was converting ABCO’s monies, the board …"

Try:

• "Board members never noticed Mr. Smith’s theft."

Shorter sentences carry more impact.

7. Know Your Audience and Medium

Your writing should suit both the situation and the reader. A formal report for an executive or a petition for a judge requires a different tone than a casual email to a colleague.

Adjust your level of formality accordingly. Decision-makers appreciate clarity and conciseness. Team members value straightforward explanations. Adapt your writing to ensure your message resonates with your audience effectively. Sometimes, short sentences with bullet points work.

8. Grammar Rules Matter—But Don’t Be Afraid to Break Them

Strict grammar rules can get in the way of persuasive writing. Strategic sentence fragments, starting sentences with conjunctions, and even split infinitives can enhance readability. I assure you it’s okay, even though it will disappoint your favorite English teacher.

• For example, consider the famous Star Trek phrase “to boldly go” versus “to go boldly.”

• Your writing will be stronger when it isn’t overly constrained and formalistic. But stay professional—never be improperly casual in professional settings.

9. Vary Sentence Length and Structure

To keep your reader engaged and make writing enjoyable, vary your sentence structure.  A series of structured sentences can be best, ending with a short punch. Other times, a mix of long and short sentences creates rhythm and flow. Good writing mirrors good conversation. Take a chance and be creative.

10. Let the Writing Speak—Not the Writer

Stay out of your writing, no matter how brilliant you are. Some writers inject sarcasm or derision, believing it strengthens their argument. It doesn’t. Persuasion isn’t about proving how clever you are—it’s about clarity and impact.

Your words are not about you. They are about your message. Audiences listen when it resonates.

The Final Verdict: Tell A Compelling Story

Great writing—whether in a legal argument, a business pitch, or a marketing campaign—tells a compelling story. The more clearly and effectively you communicate, the more persuasive you will be. By embracing clarity, precision, and brevity, you not only strengthen your message—you increase your chances of success.