Speakers of English as a second or foreign language often feel that English-speaking lawyers trained in the Common Law tradition write in a way that is fundamentally different from theirs. But why is that the case? In our last Legal English Society webinar on Explicit Connectedness and Sentence Structure in Legal Writing, my students and I explored this very question.
This blog post expands on a couple of key insights we discussed in depth during the webinar to help you improve your legal writing by enhancing clarity, logical flow, and overall reader experience. But if you want to dig deeper, with webinars every other week, weekly challenges, glossaries, and exclusive educational content, join the Legal English Society today!
Why Does Legal Writing Feel Different in English?
One of the core challenges in legal writing in English stems from the structure of legal arguments themselves. In civil law jurisdictions, legal argumentation relies heavily on deductive reasoning and the sophistication of the legal system itself to fill in certain logical gaps for the author. But this can sometimes lead to writing that feels dense, indirect, and hard to follow. The end result is often:
❌ Lacking in Explicit Connectedness: Legal documents without clear connections between ideas, leaving the reader to re-read the text several times to figure out how points are related.
❌ Reader Unfriendliness: Legal jargon, convoluted sentence structures, and logical inconsistencies that can make texts difficult to read.
What Is Explicit Connectedness?
At the heart of effective legal writing is the concept of explicit connectedness. Simply put, this means ensuring that your ideas, statements, and arguments are clearly linked through logical, precise language. Whether you’re drafting a legal brief, analysis, or opinion, the goal is to guide the reader effortlessly from one point to the next.
In Common Law systems, explicit connectedness is critical because the more inductive reasoning associated with Common Law argumentation requires that arguments be contained — meaning you cannot assume that the reader will infer connections or fill in the blanks on their own. Without clear transitions, your argument can fall apart, leaving the reader confused. And while this may be easier for some people to see in English, it’s true of any language.
Building Logical Structure in Legal Writing
A well-structured legal document doesn’t just improve readability. Instead, it enhances the strength of your argument. An effective logical structure often follows this flow:
1. Issue Identification: Begin by clearly stating the legal issue or question.
2. Rule Statement: Define the relevant legal principles that apply to the case.
3. Application: Apply those legal principles to the facts at hand.
4. Conclusion: Summarize your analysis and provide a clear conclusion.
In the United States, this framework, known as IRAC (Issue, Rule, Application, Conclusion), provides a systematic way of presenting legal arguments. Sticking to this formula ensures clarity and allows your reader to follow the argument logically from start to finish, provided the rest of your writing is solid and you’ve ensured explicit connectedness between ideas. But you shouldn't stop at that. Although methods like IRAC are a good start, effective legal writing requires much more depth.
Linguistic Devices for Explicit Connectedness
How do you ensure that your writing is explicitly connected? Several linguistic devices can help:
👉 Transition Words: Terms like “however,” “therefore,” “thus,” and “in contrast” help guide the reader through the argument.
👉 References to Prior Statements: Use phrases like “as discussed earlier” or “as established above” to remind the reader of important points.
👉 Parallel Structure: Keep ideas that are comparable in structure and tone consistent. This improves clarity and rhythm, making the writing more accessible.
The secret formula to all this, which we discussed in depth during the webinar, consists of a careful balance of all of the following:
✅ Choosing the Right Connector
✅ Avoiding Overuse
✅ Building a Progressive Argument
The Takeways
1. Explicit Connectedness Is Essential: In legal writing, ideas must be explicitly linked using logical, precise language to ensure the reader understands the connections between points. Clear transitions are critical to maintaining a coherent argument.
2. Follow a Logical Structure: A well-structured legal argument is crucial for clarity. Using the IRAC method (Issue, Rule, Application, Conclusion) helps ensure that the reader can follow your reasoning, making your argument stronger and more persuasive. But there's a lot more to it than that.
3. Use Linguistic Devices Thoughtfully: Transition words, references to previous points, and parallel structure are powerful tools for improving flow and readability. However, they must be used carefully to avoid redundancy and maintain logical clarity.
💡 Want to take your legal writing to the next level? Join the Legal English Society to access exclusive webinars, weekly challenges, and exclusive in-depth content. Sign up today and start mastering the art of clear, connected, and persuasive English!
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