Legal Writing and Approach in Essay Writing: A Guide for Law Students
Writing lies at the heart of legal practice. Whether drafting a legal opinion, preparing a brief, or developing an academic essay, the ability to express legal thoughts clearly and persuasively is fundamental to success in the legal profession. As noted by Lord Megarry, writing is “fundamental to the exposition of law.”¹
For law students, mastering legal writing begins with understanding the principles of essay writing. The legal essay serves as a training ground for developing the analytical, organizational, and expressive skills that will later be applied in professional practice. This post explores the techniques of legal writing as they relate to essay writing, providing guidance on how to approach this essential aspect of legal education.
Understanding the Essay Format
What is an Essay?
An essay is a short piece of writing on a given subject that reflects a writer’s personal thoughts, ideas, and viewpoints on a particular issue. In legal writing, essays typically analyze legal problems, evaluate competing arguments, or critique judicial decisions or legislation.
The effectiveness of a legal essay depends on both the relevance of its content and the clarity of its presentation. A well-written essay should communicate complex ideas in an accessible manner while maintaining the precision required of legal analysis.
Types of Essays
Essays can be categorized into several types, each with distinct characteristics:
1. Descriptive Essays
A descriptive essay recreates a situation, event, or circumstance, capturing how it looks or feels. It aims to provide a vivid picture that evokes a sensory experience for the reader. In legal writing, descriptive essays might portray the conditions that led to a legal dispute or the impact of a particular law on affected parties.
2. Narrative Essays
Narrative essays present details about events in chronological order. They tell a story, often with a beginning, middle, and end. In legal contexts, narrative essays might trace the historical development of a legal doctrine or recount the procedural history of a significant case, similar to how judicial process narratives unfold.
3. Expository Essays
Expository essays explain, clarify, or provide information about a subject. They typically employ illustrations, analogies, and definitions to illuminate complex concepts. Legal expository essays might explain the elements of a legal doctrine or the functioning of a legal institution.
4. Argumentative Essays
Argumentative essays require the writer to take a position on an issue and persuade readers to accept that position. The writer must present reasons for their claims while addressing counterarguments. This format closely resembles legal advocacy, where lawyers must argue persuasively for particular interpretations or applications of the law.
The Essay Writing Process
Effective legal writing requires a methodical approach. The following steps provide a framework for developing a well-structured and substantive legal essay.
1. Choosing a Topic
If given the freedom to select your own topic, consider the following questions:
- Does the topic interest you? Writing about something that engages your curiosity will make the research and writing process more rewarding.
- Will you find adequate source material? Ensure that sufficient resources are available to support your analysis.
- Is the scope manageable? Focus on a specific aspect of a broader issue rather than attempting to cover too much ground.
A good topic should be:
- Correct: Providing adequate information about the subject
- Complete: Clearly understandable to readers in the field
- Concise: Expressing content in the most efficient way
2. Preliminary Reading
Explore your chosen topic through preliminary reading. This initial research provides context, familiarizes you with relevant terminology, and helps you identify key issues and debates. As Heffernan and Lincoln note, “Reading remains one of the best ways to source ideas for an essay or to enrich the ideas you already have.”²
For guidance on finding appropriate sources, see our guide on legal research and source materials.
3. Reviewing and Rethinking the Topic
After preliminary reading, reconsider your topic with a critical eye. Ask probing questions using the classic journalistic prompts: what, who, where, when, how, and why. This questioning process opens up the topic and helps you develop a deeper understanding of its dimensions.
4. Identifying the Basic Question
From your list of questions, identify the most important, instructive, or interesting one. This becomes the central question your essay will address—the problem your analysis will solve.
5. Formulating a Research Problem or Thesis
Transform your basic question into a thesis statement—a clear, focused assertion about the topic that reveals your perspective. A strong thesis makes a specific claim that can be supported with evidence and reasoning.
6. Testing Your Idea
Before committing to extensive research and writing, test your thesis through several preliminary assessments:
- Writing Test: Put your idea in writing to clarify your thinking and identify potential weaknesses.
- Credibility Test: Evaluate whether your thesis is plausible and sustainable.
- Friendly Colleague Test: Seek feedback from peers or mentors who can offer constructive criticism.
- Possibility Test: Consider whether you can complete the research and writing within your available time and resources.
7. Preparing an Outline
Create an outline that organizes your main points and supporting evidence. This framework provides structure for your writing and helps you maintain focus on your thesis. An effective outline might include:
- Introduction (thesis statement and roadmap)
- Background or context
- Main arguments (with supporting evidence)
- Counterarguments and responses
- Conclusion
8. Selecting Materials
From your research, select the most relevant and authoritative sources. Focus on:
- Materials specific to your topic: Prioritize sources that directly address your research question.
- Current publications: Ensure your analysis reflects contemporary understanding of the law.
- Authoritative works: Include classic texts and leading authorities in the field.
Understanding the sources of law relevant to your jurisdiction is essential for selecting appropriate materials.
9. Examining Your Sources
Approach your sources strategically:
- Organize your reading: Prioritize materials by relevance and importance.
- Read selectively: Focus on sections most pertinent to your thesis.
- Read critically: Evaluate arguments, evidence, and reasoning.
The Writing Stage
Drafting
Writing typically proceeds through multiple drafts, each serving a different purpose:
- First Draft: Focus on getting your ideas on paper without worrying about perfection. As Ray and Ramsfield suggest, “Don’t get it right, get it written.”³
- Second Draft: Add details, examples, and explanations to strengthen your arguments.
- Third Draft: Refine your writing by eliminating redundancies, improving transitions, and enhancing clarity.
- Final Draft: Polish your prose, check citations, and ensure consistency in tone and style.
Principles of Effective Legal Writing
1. Introduction
Your introduction should identify the subject, arouse interest, and provide a roadmap for your essay. It typically includes your thesis statement and briefly outlines your approach to the topic.
2. Originality
While legal writing builds on existing authorities, your analysis should offer fresh insights. Avoid plagiarism by properly attributing ideas to their sources while developing your own perspective.
3. Clarity
Legal writing must communicate complex ideas precisely. Use plain language wherever possible and define technical terms when necessary. As noted by Heffernan and Lincoln, legal writers must “anticipate the reactions of the reader who is not there to raise questions or point out whether or not you are making yourself clear.”⁴
4. Brevity
Concise writing has particular value in legal contexts. Eliminate redundancies and unnecessary elaborations while preserving substantive content. As Ray and Ramsfield observe, “Brevity… must be achieved whenever possible but never at the expense of substance.”⁵
5. Grammatical Precision
Legal writing demands meticulous attention to grammar and syntax. Precision in language reflects precision in thought and enhances your credibility as a writer.
6. Accuracy
Ensure that your factual assertions and legal statements are correct and properly supported by authorities. Avoid exaggerations, understatements, and unwarranted assumptions.
7. Organization
Logical organization guides readers through your analysis. Structure your paragraphs to present ideas in a coherent sequence, with clear transitions between sections.
8. Effective Paragraphing
Well-constructed paragraphs develop discrete ideas within your broader argument. Each paragraph should contain a topic sentence that introduces its central idea, followed by supporting evidence and analysis.
9. Mechanical Accuracy
Pay attention to details such as spelling, punctuation, and citation format. These “little things” reflect your professionalism and attention to detail.
10. Conclusion
Your conclusion should synthesize your main arguments and reinforce your thesis. It might also identify implications for further research or practical applications of your analysis.
Structuring Complex Essays
For longer essays or research papers, consider dividing your work into chapters, sections, and subsections to enhance readability and organization.
Chapters
Chapters represent major divisions of your work, typically organized around distinct aspects of your topic. For example, an essay on “Federalism in the Nigerian State” might include chapters on:
- Concept of Federalism
- Historical Evolution of the Federal System in Nigeria
- Overview of the Federal System under Nigerian Law
- Future and Prospect of Federalism in Nigeria
- Conclusion and Recommendations
Sections
Within chapters, sections address specific components of your analysis. Following the example above, Chapter 2 might include sections on:
- 2.1: The Quasi-Federal System under the McPherson Constitution of 1951
- 2.2: Federalism under the Lyttleton Constitution of 1954
- 2.3: The Federal System under Military Rule 1966-1979
- 2.4: Nigerian Federalism under the 1999 Constitution
- 2.5: The Federal Principle and the 1999 Constitution
Subsections
For detailed analysis, subsections further divide your discussion. Section 2.5 might include:
- 2.5.1: Division of power between Federal and State Governments
- 2.5.2: Exclusive legislative powers of the Federal Government
- 2.5.3: Concurrent powers of Federal and State Governments
- 2.5.4: Role of courts in Conflict Resolution
Analysis of Socio-Legal Issues
Legal writing should contextualize legal issues within their broader social, economic, and political environments. A multidimensional approach that considers historical, cultural, and practical factors produces more nuanced and persuasive analysis than a strictly doctrinal perspective, as explained in our resource on law in social context.
For example, addressing the problem of cultism in Nigerian universities requires understanding not only relevant legal provisions but also the psychological, social, and economic factors that contribute to the phenomenon. Effective legal solutions must engage with these broader contexts.
Conclusion
Legal writing is both an art and a discipline. It requires mastery of language, analytical rigor, and awareness of legal conventions. By following a structured process—from topic selection through research to drafting and revision—you can develop essays that communicate complex legal ideas effectively.
Remember that writing skills develop through practice and feedback. As Heffernan and Lincoln observe, “The more you write, the better you will write. And the more different kinds of writing you do, the more you will discover what writing can do for you.”⁶
For law students, essay writing provides essential preparation for professional legal writing. The clarity, precision, and persuasiveness you develop in academic essays will serve you well in crafting legal opinions, briefs, and other documents throughout your career. By investing time in mastering legal writing techniques now, you lay the groundwork for success in legal practice.
To further enhance your understanding of legal writing in different contexts, explore our resources on legal reasoning in legislation and methods of social control through law.
