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24 Himanshu Singh, Final Draft, C17, Law and Literature. Lawyer as a writer explore the role of lawyers as writers.

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Title of the Research Project:
Lawyer as a writer: Explore the role of the lawyers as writers
Topic-Group Number:
Project-topic number:
C
17
ENGLISH LANGUAGE,
LITERATURE, AND
COMMUNICATION SKILLS FOR
THE LAWYERS
(English LLCSL)
Student’s Name:
Himanshu Singh
Roll Number:
LLB23024
CLASS: B.A., LL.B. (Hons.), First Year, First Semester
SUBMITTED TO: PRO. (DR.) PRASANNANSHU
2023
NATIONAL LAW UNIVERSITY, DELHI
TABLE OF CONTENTS
INTRODUCTION .............................................................4
METHODOLOGY ............................................................8
OBSERVATION TABLE ...................................................9
FREQUENCY BAR CHART AND TREEMAP ............. 22
ANALYSIS AND RESULTS ............................................ 23
CONCLUSION ................................................................ 25
BIBLIOGRAPHY ............................................................ 27
ACKNOWLEDGEMENTS
INTRODUCTION
Description of the topic:
Writing skills are crucial for someone to survive in the legal profession. Even the most talented
lawyers will find it difficult to survive in the legal field if their writing skills are subpar.1
Extreme importance is given to legal writings.
In the realm of legal writing, one cannot underestimate the power of the carefully chosen words.
This is so because legal writing can ultimately decide the client losing or winning the case. A
lawyer’s choice of words can drastically affect the interpretation of the legal document, for
instance in case of a contract, a lawyer’s words are capable to completely change the terms of
a contract. Legal writing is an indispensable skill that every lawyer. It demands from a lawyer
creativity, research abilities, precision in formatting, persuasive arguments and great attention
to detail. A literary bend to mind is an asset for lawyers, it enhances their ability to draft and
argue effectively.
Importance of this topic:
Massive amount of legal writing is performed by lawyers at law firms. With the huge spike in
commerce during recent decades. People need legal help either to ward of takeovers of their
companies or facilitate a takeover of merger, either get a loan from banks or tackle problems
with their failed mortgages and other loans.2 These activities require large amount of
documentation. Demand of lawyers for legal writing is on the rise. Legal writing has become
extremely crucial for the legal sector.3 Every point made has to be backed by assertions and
citations to authority,4 Therefore, legal writing is the backbone of legal documents. Legal
writing is also useful to young lawyers. There is no other medium that stimulates selfimprovement and organises thoughts as does legal writing.5 This is so because of the
complexity of legal documents. A well written legal document may help a lawyer to gain
prestige and ultimately win cases through his writing.
1
legalupanishad. (2022, August 31). Importance of Legal Writing for Law Students: Writing Guide. Legal
Upanishad. https://legalupanishad.com/legal-writing-for-law-students/?amp=1
2
Kaushal, R. (2016, April 21). Legal Research & Writing: Essential for Legal Success. Cogneesol Blog.
https://www.cogneesol.com/blog/how-important-is-legal-research-and-writing-in-legal-sector/
3
Kaushal, R. (2016, April 21). Legal Research & Writing: Essential for Legal Success. Cogneesol Blog.
https://www.cogneesol.com/blog/how-important-is-legal-research-and-writing-in-legal-sector/
4
Kaushal, R. (2016, April 21). Legal Research & Writing: Essential for Legal Success. Cogneesol Blog.
https://www.cogneesol.com/blog/how-important-is-legal-research-and-writing-in-legal-sector/
5
Witherspoon, G. B. (n.d.). Why write why write. Und.Edu. Retrieved October 16, 2023, from
https://commons.und.edu/cgi/viewcontent.cgi?article=3194&context=ndlr
Aim of this project:
The topic, ‘‘Lawyer as Writer: Explore the role of lawyers as writer’, of this project delves into
the fundamental aspect of the legal profession. As already mentioned, writing skills are not
only desirable but crucial for lawyers to not only “survive” but thrive in the demanding field.
This project will highlight the nature of legal writing, its importance for lawyers, and skills
qualities it demands from lawyers. An average lawyer in their lifetime writes more than an
author.6 He is tasked with drafting various legal documents ranging from contracts, briefs,
memorandum, letters and emails.
But, this project is not limited to legal writing. This project also explores lawyer turned authors
and creative writers.
Why I have undertaken the study?
Lawyers and writers often have opposite personalities. Lawyers are painted as calculating,
persuasive individuals with a great focus on reality. 7 They talk straight to the point, in a clear
and precise manner while presenting arguments in a courtroom. On the other hand, a
stereotypical writer is a hermit, spending most of his time sitting in quiet corners, tearing up
drafts of stories. Even though they share stark portrayals, it is not surprising that many writers
have backgrounds as lawyers.
There is a remarkable overlap in essential skills of lawyers and writers. Both share many skills
including attention to detail and storytelling. Writers create stories with character backgrounds.
Lawyers, as advocates, construct compelling narratives that revolve around facts. Both require
a deep knowledge of people and events, and to communicate this knowledge to others in a
compelling way. With all of their training in research and a career full of interesting stories,
it’s no wonder many lawyers write novels and fictions. They have all the means and necessary
skills to do so.
6
Indulia, B. (2023, August 26). Experts Corner Archives. SCC Blog.
https://www.scconline.com/blog/post/tag/experts-corner/ ...
https://www.scconline.com/blog/post/2022/04/26/making-alternative-dispute-resolution-the-primary-modeof-dispute-resolution/
7
Greenleaf Book Group. (n.d.). Why Lawyers Write Great Fiction. Greenleaf Book Group. Retrieved October 16,
2023, from https://greenleafbookgroup.com/learning-center/book-creation/why-lawyers-write-great-fiction
In the law school, there is a complex body of legal material, law students are taught to simplify
complex material and analyse it. Additionally, students undertake academic writing and legal
writing in law schools. While legal writing is traditionally associated with documents,
contracts, case briefs and wills, it is a field that extends far beyond these boundaries. Writing
well is the fundamental skill in a lawyer’s role. Many lawyers venture far beyond into the world
of legal writings. When it comes to writing outside of one’s practice, writing can be enjoyable,
rewarding and beneficial.8
I undertook this study because I find it that lawyers and writers with completely different
personalities can be so similar. It fascinates me to think of the same. Also, as a future lawyer,
through this study I’ll learn the need of writing skills in the legal profession.
Review of the literature:
After comprehensive study, it is found that others researchers and academicians have mainly
written about the importance of writing in legal profession and lawyers turned authors of
fiction and legal thrillers. The main focus of the others is on lawyers as creative writers. This
can be ascertained after reading the published articles, internet resources.
In my own course material, stories and poems are written by lawyers. Like the poem “Law”
is by Professor Prasannanshu and parable “Before the law” by Fran Kafka. Course material
also focus on lawyers turned authors or lawyer-writers.
In the pages to follow, we will explore the roles of lawyers as writers. We will navigate various
writing forms including legal writings, academic writings, professional writings and creative
writings. By reviewing the works of some well-known lawyer of the past and present, we will
discover how their writings aware masses, initiate an academic revolution, draft legal
documents and deliver compelling stories that resonate with all of us.
8
ebrown. (n.d.). ebrown. NCCU LAW. Retrieved October 16, 2023, from https://law.nccu.edu/author/ebrown/
METHODOLOGY
Collection of data
A comprehensive search was conducted to identify relevant sources, including academic
journal articles, books, newspaper articles, and blogs written by lawyers. These sources were
chosen to provide a diverse and comprehensive perspective on the topic. Then a systematic
approach was used to extract relevant information and insights form selected sources.
Observations were made by carefully reading and summarising each source, with the key focus
of finding arguments, and examples related to the role of writing in the legal profession.
Observation table
An observation table was created to organise and categorize the observations. This framework
helped in recording observations, comments, and keywords for each source. Keywords
identified within each observation to highlight recurring themes, concepts and pattern. These
keywords were selected to facilitate further analysis and to identify common threads across the
selected sources.
Analysis and Result
Frequency analysis was conducted to identify the most frequently occurring keywords and
pattern across multiple observations. The result of frequency analysis was visually represented
using horizontal bar diagram and treemap. This visual representation allows for quick overview
of most common keywords and patterns. A critical comment was provided to rationalise and
connect the identified keywords and patterns. This analytical commentary aimed to offer
insights into relationships and implications of identified themes, forming a basis for drawing a
meaningful conclusion.
Conclusion
The project is concluded with a summary of the findings and insights derived from the analysis
of the observation table and the critical comment. This section aimed to present key takeaways
and central claims based on the literature review and analysis.
OBSERVATION TABLE
S.
Source
Observation
Comments
Key
No.
1
Words
David
L.
1969,
Kirp, "There is something that can Legal
writings Legal
"THE legitimately
different writing
be
called
and
thus
legal are
WRITER
AS writing,
be from other types
LAWYER
AS distinguished from other kinds of of writings
WRITER", Journal writings."
of Legal Education,
Vol. 22 , No. 1, pp.
115-118
2
Michael
Nava, "It seems every second lawyer I It
seems
like Creative
1996, "Lawyers as meet has a novel-in-progress and creative writings Writing,
writers",
The stashed away and dreams of are
Compleat
very Novel
lawyer, retiring from practice on the common among
Vol. 13, No. 2, pp. proceeds of the movie sale."
lawyers.
40-41 at 41
3
REIDINGER,
P. "Lawyers who take up slippery Lawyer-writers
(1997). Beyond the business of imaginative writing involved
Lawyer-
in writer,
Courtroom Thriller: typically stage their fictions in creative writing Creative
The story of two the
familiar
confines
of usually
write writing,
lawyers who write courtroom. It's a lawyer-writer's about
their Courtroom
serious fiction–and natural venue, is inherently a familiar
, Law
get away with it. place of drama and conflict and experiences in a
ABA
Journal, offer (as John Grisham and Scott courtroom.
83(3), 56–59
Turow have discovered) the
possibility of real lucre."
4
Posner,
R.
(2010).
“Kafka: Kafka's "day job" as a lawyer in a known
The
Writer
A. " It has long been understood that Kafka, a well- Lawyeras Central European bureaucracy writer,
lawyer- writer,
usually Creative
Lawyer”. Columbia that dealt with industrial injuries” wrote stories and
Law
Review, “influenced his fiction. Law is a novels
110(1), 207–215
around writing,
prominent theme in it, notably law and allied Law
but not only in his unfinished fields.
novel The Trial. And bureaucracy
is depicted in another unfinished
novel, The Castle."
5
Wayne
Schiess "For three main reasons, you, as Lawyers need to Profession
(2012). Lawyers as a lawyer, are a professional be professional al writing
Professional Writer. writer. 1. You're paid to write.... writers because
Austin
Lawyer 2. You write on complex topics that
Magazine,
is
their
Nov. that affect rights, money, and primary
2012, 11
work
liberty…. 3. Your written work is apart
subject to serious scrutiny…."
from
representing
others
in
a
courtroom.
6
David
L.
1969,
Kirp, "How to simplify complex legal Students
learn Simplify,
"THE materials: these are important legal writing in Complex
WRITER
AS matters for the student to learn"
law schools are legal
LAWYER
AS
taught
WRITER", Journal
simplify
of Legal Education,
complex
Vol. 22 , No. 1, pp.
material
to material,
Law
legal
115-118 at 116
7
Michael
Nava, "A number of lawyers have There are many Lawyer-
1996, "Lawyers as published
writers",
Compleat
books,
some
to lawyer-writers,
The considerable success, and their some are also
lawyer, success means the publishing very successful.
Vol. 13, No. 2, pp. industry will continue to be on
40-41 at 40
the look-out for next Grisham.
Also, the mere facts that there are
lawyer-writers proves that the
two careers can be combined"
writer
8
“White, J. B., & "This is to think lawyer as writer Lawyer
is
Gaakeer, J. (2007). or speaker, which he or she surely writer
Interview
a Lawyerand writer
with is, and to suggests to the students speaker.
Law
James Boyd White. that they need to focus their students need to
Michigan
Law attention in a fresh way both focus on legal
Review,
105(7), upon legal language and what language.
1403–1419
9
at can, by art and invention be done
1411”
with it"
Wishingrad, J., &
"The "hostile" reader is certainly A legal writer Legal
Abrams,
D.
E. well-known to the legal writer. A has to pay great writing,
(1981). [Review of party
“Writing
from
seeking
to
evade attention
a contractual obligations searches detail to reduce to-detail
Legal Perspective, for any loop hole"
ambiguities, that
by G. D. Gopen]”.
could
be
Duke Law Journal,
misused
by
1981(6),
parties
1061–
1070 at 1063
10
to Attention-
Christ,
B.,
a
contract
& "Lawrence Joseph…. where he Another instance Legal
Mueller, S. (2017). teaches
[Introduction].
Amerikastudien
in
courses
employment,
on
and
labour, of
tort
a
lawyers writing,
and involved in legal Creative
/ compensation law, legal theory, writing as well writing
American Studies, and
law
62(2), 323–324 at subjects
323
and
he
interpretation, as
has
creative
extensively writing.
written and lectured on. He also
taught
Creative
writing
at
princeton."
11
Wishingrad, J., & "Amidst the widespread criticism Books
Abrams,
D.
E. of legal writing, any book that contribute
that Legal
to writing,
(1981). [Review of contributes to improved written improved
“Writing
from
a expression is likely to receive a writing
Legal Perspective, warm welcome."
expression
by G. D. Gopen]”.
welcomed
Duke Law Journal,
are
1981(6),
1061–
1070 at 1070
12
Gandhi
M.K. "The three articles written and As
a
young Lawyer-
(1962), “The Law published by Gandhiji in his lawyer, Gandhi writer,
and The Lawyers”, weekly paper Young India for ji was involved Journalism
Navajivan
which he was tried on the charge in journalism
Publishing House, of sedition"
Ahmedabad
13
Tariq Khant (2022), "An average lawyer writes more Highlights
the Legal
SCC OnLine Blog in their lifetime than an author. A importance legal writing
Exp
22… literary bent of mind inevitably writing
“https://www.sccon
helps lawyers draft and argue lawyers
line.com/blog/post/
better….
2022/03/14/masteri
indispensable skill for a lawyer or
ng-the-art-of-legal-
a legal scholar to cultivate,
writing/”
compete, survive, and flourish in
They
are
for
an
this profession..."
14
Wishingrad, J., & "Legal argumentation, like other Legal writer has Legal
Abrams,
D.
E. forms of logic, requires the writer to make sure to writing,
(1981). [Review of to articulate each argument that articulate
each Clarity
“Writing
with
from
a leads to the conclusion."
Legal Perspective,
by G. D. Gopen]”.
Duke Law Journal,
1981(6),
1070 at 1065
1061–
argument
clarity.
15
Gandhi
M.K. "As I write this, many sweet Autobiography
(1959),
“An reminiscences come to my mind. of
Autobiography:
Mahatma Writing,
Hundreds of clients became Gandhi,
The Story of My friends and real co-workers in highlights
Experiments With public
service,
and
Creative
Autobiogr
that aphy,
their despite being a Expressio
Truth”, pp. 269-270 association sweetened a life that lawyer
and n
was otherwise full of difficulties revolutionary he
and dangers. "
was engaged in
creative writing.
16
Wishingrad, J., & "The classic forms of legal highlights
Abrams,
D.
E. writing-agreements,
(1981). [Review of briefs, and memoranda"
“Writing
from
the Legal
appellate forms of legal writing
writing
a
Legal Perspective,
by G. D. Gopen]”.
Duke Law Journal,
1981(6),
1061–
1070 at 1064
17
legalupanishad.
"Lawyer must analyse a situation Highlights
the Legal
(2022, August 31). and try to persuade others in their importance legal writing
“Importance
of client’s favour through written writing
Legal Writing for communication"
Law
Writing
Students:
Guide.
Legal Upanishad”.
https://legalupanish
ad.com/legalwriting-for-lawstudents/#:~:text=It
%20is%20the%20l
awyer's%20respons
ibility,of%20a%20s
uccessful%20legal
lawyers
for
%20career.
18
Witherspoon, G. W. "Writing is helpful per se because Legal writing is Legal
(1960).
The your
thoughts
importance of legal crystallized,
your
are useful to young Writing,
thinking lawyers,
writing to young clearer and sound conclusions solidify
lawyers.
Student result. When law professors are thoughts,
Lawyer
Journal, no
6(1), 20-24.
longer
stimulate
available
and
discipline of
guide
your
to Expressio
their n
to express
you, themselves more
mind is clearly.
needed.
There is no other medium that
stimulates
self-improvement
and organizes your thinking as
does legal writing."
19
“Wayne.
(2012, "When I began working at a law highlights
the Legal
December
3). firm that I was surprised at how amount of legal Writing,
Lawyers
are much writing there was. “Gosh,” writing
Professional
I thought. “Why didn’t anyone performed
Profession
by al writing.
Writers | LEGIBLE. tell me I was going to be doing so lawyers at law
Utexas.edu.
much was writing?” If writing is firms.
https://sites.utexas.
a significant part of your job,
edu/legalwriting/20
you’re a professional writer"
12/12/03/lawyersare-professionalwriters/”
20
Kaushal, R. (2019, "There was a huge spike in there is a great Legal
January 29). Legal business with people needing demand
Research
Writing:
for writing
& legal help either to ward off lawyers
to
Essential takeovers of their companies or perform
legal
for Legal Success. to tackle problems with their writing due to
Cogneesol
Blog; failed
Cogneesol.
mortgages
and
other increase
loans."
in
commerce
https://www.cogne
esol.com/blog/how
-important-is-legalresearch-andwriting-in-legalsector/#:~:text=Wh
y%20is%20legal%
20writing%20impo
rtant,profession%2
0to%20resolve%20
clients'%20matters.
21
Tokmakov,
S. "Throughout
(2023, August 3). individuals
history,
with
many It highlights the Legal
legal contribution
of Writing,
“The Intersection of backgrounds or experiences have lawyer-writers to Creative
Law and Literature: made significant contributions to literature
not writing,
The Lasting Impact literature, using their unique only in form of Literature,
of Historical Legal insights
and perspectives
to legal writing but lawyer-
Writers on Society. examine the world around them. also in creative writer
Terms.
Law”. These legal writers have left a writing.
https://terms.law/2
lasting impact on society by
023/08/02/the-
shaping
public
discourse,
intersection-of-law- influencing legal education, and
and-literature-thelasting-impact-of-
inspiring legal reforms."
historical-legalwriters-on-society/
22
Kalyan Jhabakh, G. “A well-drafted document in my Importance of a Legal
(2021, July 30). The opinion can make or break a case. legal writing and writing,
Skill
Of
Legal A legal document, regardless of the role of legal Law
Writing.
whether it is a plaint, affidavit or document.
Livelaw.In.
contract serves two purposes -
https://www.livela
informing and engaging both the
w.in/law-firms/law- client and the court about the
firm-articles-/legal-
legal issue.”
writing-suranasurana-drafting178483
23
“Role of Lawyers in "The client often wants or needs Highlights
the Legal
Society: Analytical to understand what the law is in role of a lawyer, writing
Essay”.
(2022, order to evaluate options and the
December
importance
27). make decisions about his or her of legal writing
Edubirdie.
life, and the most common for
https://edubirdie.co
function
m/examples/role-
specializations
of-lawyers-in-
practice) is to provide that
society-analytical-
knowledge. It is further said that
essay/
the
of
lawyers
lawyers
and
should
client
to
(across understand law.
areas
of
provide
access to the law to the clients so
that clients are helped decide
their own approach and stance."
24
Charumathi. (2015, “It is true that a writer may have Similarities and LawyerMay
12).
lawyers
Why a little more imagination than a differences
can
writer,
be driver. Yet, he is expected to have between lawyers Creative
writers too. Dailyo. a much greater grip on reality as and writers
https://www.dailyo. compared
to
a
lawyer.
coherence
and
Writing
In
in/arts/lawyers-to-
addition,
the
writers-authors-
ability to stick to a plot, however
literature-fiction-
tenuous, are also prerequisites for
books-3673
a writer - these qualities, by the
way, are of no use to drivers.
Thus, the only way a lawyer can
be a writer is through the medium
of an editor. This is also the
reason why editors can easily
apply for a driver's licence.”
25
Column, G. (2018,
“Nothing is more critical to Similrities
Lawyer-
December 6). “How preparing a defence than trying to between writers writer,
Being An Attorney see the situation from different and
Helped Me Become vantage points and anticipating between
A Writer. Writer’s what the prosecution may throw writing
Digest”.
lawyers, Creative
legal writing,
and legal
at you next. The same is true in creative writing
https://www.writers your
writing. You
may be
digest.com/be-
convinced that your character’s
inspired/how-
arc is fixed: she can only react
being-an-attorney-
one way or say certain things or
helped-me-
solve her problem by taking a
become-a-writer
particular course of action. But if
you
don’t
assess
other
possibilities, you may miss a
more inventive storyline and risk
leaving your writing predictable
and flat.”
writing
26
Ajit, A. K. (2020, “A law student or budding lawyer Importance
of Legal
April 10). “Book spent much time on writing or legal writing for Writing,
Review [The Art Of drafting but they may turn to be a lawyers
Profession
Legal Writing By successful professional only after
al writing.
Richa
becoming the master in effective
Kachhwaha] :
writing. No one can excel in legal
Practicing Lawyers profession in absence of good
To
Successful legal writing skill. The language
Professional.”
of Indian courts, its style and
Livelaw.In.
format are not indigenous. So, the
https://www.livela
language of law has always been
w.in/book-
a matter of expertise. A trained
reviews/the-art-of-
legal
legal-writing-
communicate the fact and law
practicing-lawyers-
effectively in writing to the
to-successful-
person who is entitled to give
professional-
relief.”
professional
knows
to
155054
27
“Before
Memory "The autobiography also gives a Lawyer-writers
Fades By Fali S. detail insight of the National use
Nariman
Lawyer-
their writer,
(Book Emergency in 1975, when he was writings
to Autobiogr
Review) | ProBono the Additional Solicitor General provide detailed aphy
India.”
(2020). of India. One day after Indira information
Probono-India.in.
Gandhi, the then Prime Minister, about an event,
https://probono-
imposed the internal emergency, like
india.in/research-
he resigned from his post of observation,
paper-
Additional Solicitor General to autobiography
detail.php?id=552
mark his protest to the unethical of
move
by
Minister."
the
then
in
Fali
Prime Nariman
the
S.
gives
us great detail
about emergency
period.
28
Catherine Harwood "There have been many great Highlights
(2007).
FRANZ writers who had legal training or many
KAFKA’S
worked in the legal profession"
LITERATURE
that Lawyer-
lawyers writer,
became creative Creative
writer
writing
AND THE LAW
29
Greenleaf
Book "In common narratives, the lives Highlights
Group.
(2019). of lawyers and writers are stark difference Creative
Greenleaf
Group.
the Story,
Book opposite. Lawyers are painted as between
Greenleaf calculating,
Book
writing
silver-tongued personalities of
Group. firebrands with laser focus on lawyers
and
https://greenleafbo
reality, while writers are moody creative writers
okgroup.com/learni
introverts who spend their time in
ng-center/book-
quiet corners of coffee shops,
creation/why-
typing and tearing up drafts of
lawyers-write-
stories that only exist in their
great-fiction
minds.
Given
these
stark
portrayals...."
30
Greenleaf
Group.
Book "Authors, especially those in the Highlights
the Creative
(2019). high fantasy and mystery genres, similarities
writing,
Greenleaf
Group.
Book understand the minute details of between lawyers Novel
Greenleaf their universes and how the and
Book
Group. experiences of each character Lawyers
writer.
use
https://greenleafbo
affect the outcome of the story. their organising
okgroup.com/learni
Lawyers, used to organizing and and memorising
ng-center/book-
memorizing critical information to write fiction
creation/why-
for a judge and jury, can utilize or
lawyers-write-
those same skills to write fiction stories.
great-fiction
that’s both clear and immersive."
creative
31
“Why Writing Well "Clear writing is crucial in legal Importance
of Legal
is Essential to Your practices because without it, legal writing for writing
Legal
Career.” cases that could be won are lost. lawyers. Writing
(2021). Cooley.edu. Providing clear and concise of a lawyer can
https://info.cooley.e information means there’s less win cases
du/blog/why-
chance for ambiguity, questions,
writing-well-is-
and confusion when you're trying
essential-to-your-
to make yourself understood to
legal-career
judges,
clients."
other
lawyers,
and
FREQUENCY TABLE
S. No.
KEYWORDS
FREQUENCY
1
Legal Writing
17
2
Creative Writing
10
3
Lawyer-writer
9
4
Law
5
5
Professional Writing
2
6
Autobiography
2
7
Expression
2
8
Simplify
1
9
Complex legal material
1
10
Courtroom
1
11
Journalism
1
12
Clarity
1
13
Literature
1
FREQUENCY BAR CHART AND TREEMAP
13
Literature
12
Clarity
11
Journalism
10
Courtroom
9
Complex legal material
8
Simplify
7
Expression
6
Autobiography
5
Professional Writing
4
Law
3
Lawyer-writer
2
Creative Writing
1
FREQUENCY
Legal Writing
0
2
4
6
8
10
12
14
16
18
ANALYSIS AND RESULTS
As we can see from the data, writing skills are essential for lawyer. A lawyer should be a master
of legal writing to excel in the legal field. Even to survive in legal profession one’s legal
writing skills should be at par with other lawyers. Legal writing is a distinct form of
professional writing. It serves various purposes like communication between clients and the
court. It caters to only specific audiences such as judges, clients and other lawyers. Legal
writing involves a set of skill, these include logical structure, persuasive use of legal
terminology, research skills, attention to detail and formatting skills. In law school, legal
writing forms an important part of the curriculum. Law students are taught to simplify complex
legal material. This is primarily done to prepare them as future lawyers. Good legal writing is
characterised by clarity in writing, attention to facts, a logical arrangement and presentation of
facts in a client’s favour. Lawyers are basically storytellers who arrange the facts of a case and
present them in court, in a way that the client’s interest are best represented. This skill of
storytelling, with other skills like attention to detail and a persuasive style of writing is shared
by lawyers and writers. These lawyers turned writers or simply lawyer-writers have ventured
into the domain of creative writing. In the recent century, we have seen many lawyers turn into
authors writing biographies, fictions, novels and thrillers. Creative writing is not something
new to lawyers. During the recent times several lawyers ventured into creative writing. Some
prominent names are of Franz Kafka9 John Grisham10, Scott Turow11, R.K. Narayan12, Salman
Khurshid13 and Chetan Bhagat14 to name a few. These writes from time to time published some
of the most selling novels and thrillers. Something that is common in the writings of most of
lawyers. For instance, most of the popular works of John Grisham are either legal-thrillers or
courtroom dramas. Scott Turow’s novels are primarily set among the legal community in
fictional Kindle County. Indian writer, R.K. Narayan’s novels are based on corruption and
white-collar crimes. Salman Khurshid’s books are based on topics like law and politics. Franz
9
A well-known lawyer-writer, wrote novels around law. His notable works include “The Trial”, “Before the Law”
and “The Imperial Message”.
10
Popularly known for his legal thriller, “The Firm”. A movie of the same name, based on “The Firm” was
released in 1993 with Tom Cruise as the lead actor.
11
An American author and attorney known for his thriller, “Presumed Innocent” and “The Burden of Proof”.
12
He was an Indian lawyer by training. He is best known for his novels like “Swami and Friends” and “The
Guide”.
13
Indian politician, a lawyer and author. His notable works include “At Home in India” and “The Other Side of
the Mountain”.
14
Indian lawyer, writer and columnist. His known novels are “Five Point Someone” and “2 States”.
A popular film “3 Idiots” is based on his novel “Five point Someone”.
Kafka, also wrote novels and short stories revolving around law. It is clear that, (Reidinger,
1997) lawyers who take up slippery business of creative writing typically stage their fiction
around the familiar confines of law. Professors at law schools are also involved in creative
writing. Some of the poems of Professor Prasannanshu15 are also based on law, its concept and
purpose.
People become lawyers for many reasons, but they become writers because they cannot avoid
it. Writing is a form of expression. One might engage in writing to express thoughts, ideas and
emotions. Some of these writers expressing themselves write best-selling novels, fictions and
legal thrillers that entertain masses.
15
Professor of English at National Law University, Delhi. Popularly known for his poetry in both English and
Hindi. His notable works include poems like “Law” and “Strength of Justice”
CONCLUSION
In wrapping up this exploration into the intersection of the legal profession and the realm of
writing, it is abundantly clear that writing is not just a tool but a cornerstone of the legal world.
It extends its influence far beyond the confines of legal documents, emerging as a skill that is
integral to the very survival and excellence of lawyers.
In the legal profession, the written word is a potent weapon. The fate of a client, the outcome
of a case, or the interpretation of a contract can pivot on the words chosen by a lawyer. Legal
writing, often perceived as dry and technical, is, in reality, a dynamic and nuanced form of
communication. It demands precision and clarity, ensuring that there is no room for ambiguity
or misinterpretation. Lawyers must possess the acumen to craft documents that withstand
scrutiny and arguments that resonate persuasively.
The power of legal writing extends beyond the confines of documents; it is an art that is equally
at home in the courtroom. Here, lawyers become storytellers, crafting narratives that revolve
around facts, weaving persuasive arguments, and navigating the complexities of the legal
system. A lawyer's prowess in the courtroom is often matched by their skill in conveying
intricate legal arguments through written briefs and submissions. It is the art of persuasion
through the written word, often the cornerstone of a successful case.
Moreover, lawyers often venture into the world of creative writing. Renowned authors like
John Grisham, R.K. Narayan, and many others have proved that legal acumen can seamlessly
transition into the realm of fiction and storytelling. What makes these lawyer-authors unique is
their ability to draw from their deep understanding of human nature, conflict, and justice. The
legal world is inherently rich with stories, and these lawyer-writers bring these narratives to
life, offering not only entertainment but also valuable insights into the complexities of the legal
system.
The ability to write effectively, whether in the form of legal documents, persuasive arguments,
or creative narratives, is an enduring and indispensable skill. It is not just a tool for legal
practitioners; it is a channel for artistic expression and storytelling. The written word transcends
the boundaries of law, enriching the broader canvas of human creativity. The power of the
written word, as witnessed in the narratives of lawyer-writers, leaves an indelible mark—a
testament to the enduring influence of the written narrative within the spheres of law and
literature.16
As we reflect on this journey, it becomes evident that writing is not merely a complement to
the legal profession but an integral part of its very essence. Lawyers who wield the written
word skilfully are often the ones who stand out in the courtroom and leave an indelible mark
on the legal writings they craft.
In an ever-evolving legal landscape, writing remains a timeless cornerstone—a versatile tool
for legal practitioners and a channel for artistic expression and storytelling. It is, in every sense,
the ink that continues to script the enduring legacy of law and literature.
In summary, writing is the lifeblood of the legal profession, influencing every facet of law.
Lawyers who wield the written word with skill and precision excel in the courtroom and in
crafting legal documents. Furthermore, the convergence of legal acumen and the art of
storytelling has given rise to lawyer-writers who illuminate the complexities of the legal world
and provide captivating narratives. In a world where change is the only constant, writing
remains an enduring and indispensable skill—a tool for legal practitioners and a channel for
artistic expression and storytelling. It is, in every sense, the ink that continues to script the
enduring legacy of law and literature.
16
Tokmakov, S. (2023, August 3). The Intersection of Law and Literature: The Lasting Impact of Historical Legal
Writers on Society. Terms.Law. https://terms.law/2023/08/02/the-intersection-of-law-and-literature-thelasting-impact-of-historical-legal-writers-on-society/
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