Legal Writing in Plain Language

Self-Directed Training for Legal Aid Attorneys

What You’ll Learn:

  • Remove legal jargon and legalese
  • Use active voice instead of passive
  • Write shorter, clearer sentences
  • Explain legal terms for clients
  • Structure ideas logically

How to Use This Training:

Work at Your Own Pace

This is self-directed learning. Take as much time as you need with each module.

Practice the Exercises

This training works best when you actually complete the exercises rather than just reading through them. Try writing your own answers before looking at the model responses.

Questions or Feedback?

Contact Megan Stuart if you have questions, comments, or suggestions about this training.

Overview

Start with Clarity:

  • State the legal issue plainly and early—within the first 90 seconds.
  • Frame issues in a multi-sentence format that includes law, facts, and a clear question.

Write for Your Audience:

  • Judges want logic, not flair. Avoid dramatics and focus on persuasive reasoning.
  • Clients want clarity. Use words they understand, not what you learned in law school.

Tone Matters:

  • Be the voice of reason. Avoid sarcasm, personal attacks, and inflammatory language—even if justified.
  • Respect opponents and the court—even when pointing out errors.

Module 1: Removing Legal Jargon

Learn to replace archaic terms and complex legal phrases with clear, everyday language.

Module 2: Using Active Voice

Make your writing clearer and more engaging by putting the actor first.

Module 3: Writing Shorter, Clearer Sentences

Break up complex ideas and keep related words together for better readability.

Module 4: Client Communication

Learn to explain legal concepts in terms your clients can understand.

Module 5: Final Complex Exercise

Put all your skills together in a comprehensive challenge.

Resources & Additional Help

Find additional writing guides and continue improving your skills.

Module 1: Removing Legal Jargon

Principles

Key Principles

Avoid Archaic Terms

  • Instead of: “hereinafter,” “aforementioned,” “heretofore”
  • Use: “below,” “above,” or directly name what you’re referring to

Eliminate Redundant Legal Phrases

  • Instead of: “null and void,” “terms and conditions,” “cease and desist”
  • Use: single clear terms like “invalid,” “terms,” “stop”

Replace Complex Terminology

  • Instead of: “pursuant to,” “in accordance with”
  • Use: “under,” “following,” “according to”

Drop Legal Labels

  • Say “mother” and “father” instead of “petitioner” and “respondent”

Be Specific

  • Use concrete nouns. Say “the apartment” instead of “demised premises.”

Cite with Clarity

  • Say “according to Indiana law (IC §…)” not just “pursuant to IC §…”

Module 1: Exercise 1

Practice Removing Legal Jargon

Exercise 1

Rewrite this sentence to eliminate legalese:

“The minor children shall be in the physical custody of the petitioner and the respondent shall be entitled to visitation with the aforementioned minor children on alternating weekends commencing on Friday at 6:00 p.m. and concluding on Sunday at 6:00 p.m.”

Try writing your own answer before proceeding to see the model response.

Module 1: Model Answer 1

Removing Legal Jargon

Model Answer:

“The children will live with their mother. Their father can visit them every other weekend from Friday at 6:00 p.m. until Sunday at 6:00 p.m.”

Why this works:

  • Replaces legal terms (“petitioner,” “respondent”) with familiar ones (“mother,” “father”)
  • Uses straightforward language (“will live with” instead of “shall be in the physical custody”)
  • Simplifies “alternating weekends” to “every other weekend”
  • Removes unnecessary phrase “aforementioned minor children”

Module 1: Exercise 2

Practice Removing Legal Jargon

Exercise 2

Rewrite this sentence to eliminate legalese:

“Notwithstanding anything to the contrary contained herein, the tenant shall forthwith vacate the demised premises upon receipt of the notice to quit, failure of which shall result in the commencement of summary proceedings.”

Try writing your own answer before proceeding to see the model response.

Module 1: Model Answer 2

Removing Legal Jargon

Model Answer:

“Regardless of other agreements, you must move out of the apartment immediately after receiving this eviction notice. If you don’t leave, your landlord may file for eviction in court.”

Why this works:

  • Speaks directly to the tenant (“you”) instead of referring to “the tenant”
  • Replaces “demised premises” with “apartment”
  • Clarifies “notice to quit” as “eviction notice”
  • Explains “summary proceedings” as “file for eviction in court”
  • Replaces “forthwith” with “immediately”

Module 1: Exercise 3

Practice Removing Legal Jargon

Exercise 3

Rewrite this sentence to eliminate legalese:

“In the event that the aforementioned recipient fails to effectuate timely reporting of any and all changes in household composition to the department as heretofore specified in the above-referenced regulations, said benefits may be subject to termination.”

Try writing your own answer before proceeding to see the model response.

Module 1: Model Answer 3

Removing Legal Jargon

Model Answer:

“You must report any changes in who lives in your home to the benefits office right away. If you don’t report these changes on time, your benefits may stop.”

Why this works:

  • Addresses the reader directly (“You”)
  • Clarifies “household composition” as “who lives in your home”
  • Replaces “the department” with “the benefits office”
  • Simplifies “subject to termination” to “may stop”
  • Uses everyday language throughout

Module 2: Using Active Voice

Principles

Key Principles

State the Actor First

  • Judges want to know who did what. Don’t bury the lead.

Clarity Over Grammar Tradition

  • It’s okay to start with “And” or “But” if it helps the reader follow the logic.

Avoid Passive to Obscure Responsibility

  • “The court dismissed the case” tells us more than “The case was dismissed.”

Active Voice Structure: Actor → Action → Recipient

  • Active: “The court dismissed the case”
  • Passive: “The case was dismissed by the court”

Spotting Passive Voice

  • Look for be-verbs (is, are, was, were) followed by past tense verbs
  • Examples: “is dismissed,” “are docketed,” “was vacated,” “were reversed”

Benefits of Active Voice

  • Makes reading easier and more lively
  • Clarifies who is doing what
  • Uses fewer words

Module 2: Exercise 4

Practice Using Active Voice

Exercise 4

Edit to eliminate passive voice:

“Testimony was heard from the plaintiff and from three witnesses on behalf of the defendant.”

Try writing your own answer before proceeding to see the model response.

Module 2: Model Answer 4

Using Active Voice

Model Answer:

“The plaintiff testified. Three witnesses testified for the defendant.”

Why this works:

  • Clearly identifies who performed each action
  • Uses fewer words (13 vs. 17)
  • More direct and engaging

Module 2: Exercise 5

Practice Using Active Voice

Exercise 5

Edit to eliminate passive voice:

“This is a purely legal question to be determined by the court.”

Try writing your own answer before proceeding to see the model response.

Module 2: Model Answer 5

Using Active Voice

Model Answer:

“The court will decide this purely legal question.”

Why this works:

  • Puts the actor (court) at the beginning
  • Uses active verb (decide vs. be determined)
  • Clearer and more direct

Module 2: Exercise 6

Practice Using Active Voice

Exercise 6

Edit to eliminate passive voice:

“McCormick’s motion for partial summary judgment on the duty to defend should be denied.”

Try writing your own answer before proceeding to see the model response.

Module 2: Model Answer 6

Using Active Voice

Model Answer:

“The court should deny McCormick’s motion for partial summary judgment on the duty to defend.”

Why this works:

  • Identifies who should take the action (the court)
  • More direct and actionable
  • Follows active voice structure

Module 3: Writing Shorter, Clearer Sentences

Principles

Key Principles

Keep Subject, Verb, and Object Together

  • Put the main action at the beginning of the sentence
  • Don’t separate related words with long phrases

One Main Idea Per Sentence

  • Don’t try to say too many things at once
  • It’s okay to start sentences with “and” or “but”

Break Up Complex Ideas

  • Use multiple sentences instead of cramming everything into one
  • Writing simply shows sophistication, not lack of it

Break Up Ideas

  • If a sentence has more than one idea, it should probably be two sentences

Cut the Fat

  • Eliminate words like “generally,” “clearly,” “wholly”—they add heat, not light

Use Expressive Verbs

  • You don’t need flowery adjectives—good verbs do the work

Tone and Professionalism in Legal Writing

  • Never belittle opposing counsel or the court
  • Avoid snide, sarcastic, or emotional commentary
  • Point out misstatements with calm, precise language—not hyperbole
  • Use the “voice of reason”—dignified, logical, and respectful writing persuades better than hostility

Module 3: Exercise 7

Improving Sentence Structure

Exercise 7

Improve the sequence of ideas. Start with: “In March 2010, Gilbert Spaulding applied to the Workforce Commission for extended unemployment benefits.”

“The lower court did not err by affirming the Workforce Commission’s denial of Spaulding’s request for extended unemployment benefits, since those benefits were not available during the period for which he sought eligibility.”

Try writing your own answer before proceeding to see the model response.

Module 3: Model Answer 7

Improving Sentence Structure

Model Answer:

“In March 2010, Gilbert Spaulding applied to the Workforce Commission for extended unemployment benefits. The commission denied the request because Mr. Spaulding was ineligible for benefits during the period for which he sought them. The trial court affirmed.”

Why this works:

  • Follows chronological order
  • Each sentence contains one main idea
  • Easier to follow the logic

Module 3: Exercise 8

Breaking Up Complex Sentences

Exercise 8

Break this into separate sentences:

“The state supreme court reversed the intermediate appellate court’s affirmance of a summary judgment granted to Pilsen Corporation, the plaintiff, which had only requested a partial summary judgment on the discrete issue of fraud.”

Try writing your own answer before proceeding to see the model response.

Module 3: Model Answer 8

Breaking Up Complex Sentences

Model Answer:

“Plaintiff Pilsen Corporation moved for partial summary judgment on the discrete issue of fraud. The trial court granted the motion, and the court of appeals affirmed. On further appeal, the state supreme court reversed.”

Why this works:

  • Follows procedural chronology
  • Each sentence focuses on one court’s action
  • Much easier to understand the case history

Module 3: Exercise 9

Improving Sequence and Phrasing

Exercise 9

Improve the sequence and phrasing by breaking into separate sentences:

“The issue is whether Davis Energy has granted its neighbors an easement to use a private road that enters a Davis fuel-storage yard, when for three years Davis has had a guard at the road’s entrance but has posted no other notice about private property or permission to enter, and for seven years the owners of adjacent property have used the road to reach their own property.”

Try writing your own answer before proceeding to see the model response.

Module 3: Model Answer 9

Improving Sequence and Phrasing

Model Answer:

“Davis Energy owns a fuel-storage yard that can be reached only by a private road. For seven years, owners of adjacent lots have used the road to reach their property. For the past three years, Davis has had a guard at the road’s entrance but has posted no other notice about private property or permission to enter. Has Davis, through its actions or silence, granted its neighbors an easement to use the road?”

Why this works:

  • Establishes the setting first
  • Follows chronological order (7 years, then 3 years)
  • Ends with the clear legal question
  • Each sentence contains one main concept

Module 3: Exercise 10

Improving Sequence and Phrasing

Exercise 10

Improve the sequence and phrasing by breaking into separate sentences:

“The Plaintiff Los Angeles Dodgers, a corporation with offices and its principal office in Los Angeles, California, is the owner of a professional baseball team that, since 1958, has played baseball in Los Angeles, California, and before 1958 played baseball in Brooklyn, New York, under the name ‘the Brooklyn Dodgers,’ but in that year moved the site of its home games from Brooklyn to Los Angeles.”

Try writing your own answer before proceeding to see the model response.

Module 3: Model Answer 10

Improving Sequence and Phrasing

Model Answer:

“Plaintiff LA Dodgers, a corporation owning a professional baseball team, began in New York as the Brooklyn Dodgers. In 1958, the team moved from New York to California and changed its name. The organization’s principal corporate offices are now in Los Angeles.”

Why this works:

  • Follows chronological order (Brooklyn first, then move, then current status)
  • Eliminates redundant location references
  • Each sentence focuses on one time period or aspect
  • Much clearer progression of information

Module 3: Exercise 11

Eliminating Wordiness

Exercise 11

Delete at least four consecutive words and replace with one word:

“The general consensus of opinion on the court was that Business Corporation Law does not address the ability of a New York corporation to indemnify individuals who are not its employees.”

Try writing your own answer before proceeding to see the model response.

Module 3: Model Answer 11

Eliminating Wordiness

Model Answer:

“The court agreed that Business Corporation Law does not address whether a New York corporation can indemnify non-employees.”

Why this works:

  • “General consensus of opinion” becomes “agreed”
  • “The ability of…to” becomes “whether…can”
  • “Individuals who are not its employees” becomes “non-employees”
  • Cuts 10 words while maintaining meaning

Module 3: Exercise 12

Eliminating Wordiness

Exercise 12

Delete at least four consecutive words and replace with one word:

“Even assuming that the fog caused the accident in which Cetera was involved, Pardone had no duty to prevent that injury because it was idiosyncratic, and Pardone could not have been expected to foresee such injury.”

Try writing your own answer before proceeding to see the model response.

Module 3: Model Answer 12

Eliminating Wordiness

Model Answer:

“Even assuming that the fog caused Cetera’s accident, Pardone had no duty to prevent such a freakish and unforeseeable injury.”

Why this works:

  • “The accident in which Cetera was involved” becomes “Cetera’s accident”
  • “That injury because it was idiosyncratic” becomes “such a freakish…injury”
  • “Could not have been expected to foresee such injury” becomes “unforeseeable injury”
  • Much more concise while preserving meaning

Module 3: Exercise 13

Eliminating Wordiness

Exercise 13

Delete at least four consecutive words and replace with one word:

“At no time prior to the time of the initial public offering did the underwriters or any officers, directors, employees, or others have knowledge of any facts that would suggest that ‘Palm Harbor’ could not be completed in a timely fashion and in accordance with specifications.”

Try writing your own answer before proceeding to see the model response.

Module 3: Model Answer 13

Eliminating Wordiness

Model Answer:

“Before the initial public offering, no one knew or had reason to know that Palm Harbor could not be properly completed on time.”

Why this works:

  • “At no time prior to the time of” becomes “Before”
  • “Have knowledge of any facts that would suggest” becomes “knew or had reason to know”
  • “In a timely fashion and in accordance with specifications” becomes “properly…on time”
  • Reduces 42 words to 20 words

Module 3: Exercise 14

Eliminating Wordiness

Exercise 14

Delete at least four consecutive words and replace with one word:

“Beale has wholly failed to allege facts that, if true, would establish that competition among the nation’s law schools would be reduced or that the public has been in any way injured, and this failure to allege facts that would establish…”

Try writing your own answer before proceeding to see the model response.

Module 3: Model Answer 14

Eliminating Wordiness

Model Answer:

“Beale has not alleged facts that, if true, would establish either public injury or reduced competition among the nation’s law schools. So her restraint-of-trade claim must be dismissed.”

Why this works:

  • “Has wholly failed to allege” becomes “has not alleged”
  • “The public has been in any way injured” becomes “public injury”
  • Eliminates repetitive phrase “failure to allege facts”
  • Creates two clear sentences instead of one run-on

Module 4: Client Communication

Principles

Key Principles

Define Terms Immediately

  • Example: “Legal custody (the right to make major decisions about your child’s education, healthcare, and religious upbringing)”

Use Everyday Examples

  • Make abstract concepts concrete
  • Relate to familiar experiences

Avoid Citations Without Explanation

  • Don’t just say “pursuant to IC § 31-16-8-1”
  • Say “under Indiana law (specifically IC § 31-16-8-1)”

Explain Purpose and Practical Effect

  • Don’t just define terms—explain what they mean for the client

Module 4: Exercise 25

Child Support Terms

Exercise 25

Write a plain language explanation of “Child Support Arrearage” for a client advice letter.

Try writing your own answer before proceeding to see the model response.

Module 4: Model Answer 25

Child Support Terms

Model Answer:

“Child support arrearage means past-due child support payments. This is money that a parent was ordered to pay for child support but hasn’t paid. The court can take steps to collect this overdue child support, including garnishing wages, taking tax refunds, or taking other actions.”

Why this works:

  • Defines the term immediately using everyday language
  • Explains the practical consequences
  • Mentions key enforcement methods that directly affect the client

Module 4: Exercise 26

Family Law Terms

Exercise 26

Explain “Legal Custody” in terms a parent with no legal background would understand.

Try writing your own answer before proceeding to see the model response.

Module 4: Model Answer 26

Family Law Terms

Model Answer:

Legal custody gives you the right to make important decisions about your child’s life. These decisions include:

• What school they attend
• What medical treatment they receive
• What religion they practice
• Other major life decisions

Legal custody is different from physical custody. Physical custody is about where your child lives day-to-day. You and the other parent can share legal custody (joint legal custody) even if the child mainly lives with one parent.

Why this works:

  • Uses bullet points to break down the concept
  • Distinguishes from related concept (physical custody)
  • Provides concrete examples of decisions covered
  • Explains joint custody possibility

Module 4: Exercise 27

Pro Se Pleading Language

Exercise 27

Rewrite for a pro se pleading template:

“and for all other just and proper relief”

Try writing your own answer before proceeding to see the model response.

Module 4: Model Answer 27

Pro Se Pleading Language

Model Answer:

“In addition, I ask the Court to provide any other help the Court believes is fair.”

Why this works:

  • Maintains the legal purpose but uses everyday language
  • Directly addresses the court in first person for pro se pleadings
  • Short and straightforward
  • Explains the concept of discretionary relief in simple terms

Module 5: Final Complex Exercise

Ultimate Challenge

Exercise 28 – Ultimate Challenge

Break into at least three shorter sentences:

“Although no Kansas cases were found that explicitly hold that Kansas requires a corporation to have a valid business purpose in order to engage in certain specified corporate transactions, either for mergers or consolidations, or for a sale of assets followed by a dissolution and liquidation, in a 1994 Supreme Court of Kansas case involving a cash-out merger where the dissenters claimed the defendant’s board of directors breached its fiduciary duties to the dissenters, the court cited as one of the trial court’s pertinent conclusions of law that it is not necessary for a corporation to show a valid corporate purpose for eliminating stockholders.”

Try writing your own answer before proceeding to see the model response.

Module 5: Model Answer

Ultimate Challenge

Model Answer:

“No Kansas cases explicitly hold that a corporation must have a valid business purpose to engage in certain corporate transactions like mergers or asset sales. But in 1994, the Supreme Court of Kansas decided a case that addresses this question. The case involved a cash-out merger in which dissenters claimed the defendant’s board breached its fiduciary duties. The court found that a corporation need not show a valid corporate purpose for eliminating stockholders.”

Why this works:

  • Breaks one 119-word sentence into four manageable sentences
  • Each sentence focuses on one main idea
  • Eliminates unnecessary phrases like “Although no Kansas cases were found”
  • Much easier to follow the legal reasoning
  • Follows logical progression: general rule → specific case → facts → holding

Key Takeaways

Remember These Principles

Remember These Principles:

Replace legalese with everyday language

  • Your clients need to understand you

Use active voice

  • Makes your writing clearer and stronger

Write shorter sentences

  • One main idea per sentence

Keep related words together

  • Don’t separate subjects from verbs

Explain legal terms immediately

  • Define terms when you first use them

Always ask: “Would my client understand this?”

Continue Improving Your Writing:

  • Review your own recent letters and pleadings
  • Apply these principles to one document each week
  • Ask colleagues to review your plain language writing
  • Remember: Clear writing shows legal sophistication, not lack of it

Questions for Self-Assessment:

  • Can my client understand this without a law degree?
  • Have I eliminated unnecessary legal jargon?
  • Are my sentences too long or complex?
  • Am I using active voice?

Resources & Additional Help

Continue Your Learning

Additional Resources:

There are a lot of great writing guides available. ILS has collected some on the Advocacy SharePoint site and cover:

  • Issue Statements
  • Argument Headings
  • Tone
  • Facts
  • Conclusions
  • Sample Briefs
  • Laramore’s Writing Guide

Acknowledgements

The tips and examples from this training are primarily from Legal Writing in Plain English and Winning Brief: 100 Tips for Persuasive Briefing in Trial and Appellate Courts, by Bryan A. Garner. ChatGPT also helped.

Questions or Feedback?

Contact Megan Stuart if you have questions, comments, or suggestions about this training.