Bench & Bar March/April 2025

EFFECTIVE LEGAL WRITING

BY MARCIA M. ZIEGLER A STRATEGIC APPROACH USING AN INFORMAL TONE IN LEGAL WRITING:

M any practitioners err on the side of formality in all of our legal corre spondence—perhaps because we all were taught at length about its importance in the profession. However, in certain situ ations, an informal tone may be not only appropriate but highly effective. When used thoughtfully, an informal tone can enhance clarity, improve relationships, and even facilitate better understanding of complex legal issues, especially for clients. An informal tone in legal writing is less rigid and more conversational. It moves away from overly technical legal language and rigid sentence structures, focusing on clear, straightforward communication. Rather than using complex sentences with legal jargon, an informal tone simplifies language, making it more understandable to non-lawyers, and more accessible to judges and opposing counsel. It saves time and money and can be an effective tool both in and out of the courtroom. While formal tone is the standard in most legal documents, there are several sce narios in which an informal tone can be appropriate or even beneficial. For exam ple, clients who don’t have legal expertise often find formal legal language confus ing and intimidating. If you're advising a client on the likely outcomes of their case or explaining their legal options, an infor mal tone can make the information more accessible and easier to understand. Using an informal tone can help establish a more personal, trusting relationship with the client. A conversational style makes you appear approachable and empathetic, which

is especially important if the client is deal ing with a stressful or emotionally charged legal issue. Legal marketing materials, website con tent, and social media posts often aim to make the law seem less intimidating to potential clients. Using an informal tone in these settings can create a more engaging, approachable image for the firm and help demystify legal processes. Clients want to work with real people, not just a cold, distant legal entity. By using informal lan guage, you can make your firm appear more relatable and trustworthy, which may help clients feel more comfortable reaching out for services. An informal tone can also be beneficial for communications within your firm. When writing memos, emails, or notes for col leagues, particularly in internal contexts, using an informal tone can foster more effi cient communication and collaboration. An informal tone can make it easier to convey ideas quickly without getting bogged down in word choice. It can also make it easier to communicate thoughts to colleagues in a natural, efficient manner without the unnecessary layers of formality that can slow down collaboration. And don’t underestimate the benefits of a less formal tone in communications with the court and opposing counsel. So many of us mistake formality with obtuseness. We use an excess of words we do not need at a rate which can obscure our meanings-- there’s a reason we have the reputation of being “paid by the word.” But what some

of us see as informal is merely clear, to the point, and without embellishment. Such writing, like that in this article, saves a judge’s time and can get a point across to opposing counsel clearly and quickly while maintaining both professionalism and competence. Using an informal tone in legal writing is not about abandoning professionalism but about enhancing communication. When used in the right contexts and when also maintaining proficiency, it can make legal content more accessible, approachable, and clear. By understanding when and how to use an informal tone, you can foster better client relationships, improve com prehension, and even streamline internal processes. And ultimately, it can save time in your efforts to get buy in from the court and opposing counsel. With careful consid eration, an informal tone can be a powerful tool in the legal writing toolkit. M . ZIEGLER is the Director of Legal Writing at the Salmon P. Chase College of Law at Northern Kentucky University. Previous to this appointment she was a visiting pro fessor at the University of Louisville and chaired an undergraduate department at Ivy Tech Community College. A former state court prosecutor, her areas of research are in criminal law, police accountability, and access to justice. ABOUT THE AUTHOR MARC I A

30 march/april 2025