20 TIPS FOR WRITING SAMPLES
University of Wisconsin Law School
The Unfamiliar Reader
1.
2.
Assume your reader is a lawyer, but not one who knows the case or law.
a.
Give some context or a short introduction to the case before moving on to specifics.
b.
Give basic rules and definitions first, before discussing more specific elements,
nuances, exceptions, etc.
c.
Anticipate and answer reader questions about the law and facts.
Make your memo self-contained, so the reader will not have to check your sources or facts
to understand the discussion.
Structure & Organization
3.
In organizing your explanations, don’t follow the order of your own learning process.
Instead start with your final synthesis, and then explain the components of that synthesis.
4.
Separate your discussion into large sections if you have conceptually distinct issues. If all
rules relate to the same larger issue, however, keep them together in one section.
5.
Use the IRAC (Issue, Rules, Application, Conclusion) structure within major sections.
6.
Make your organization obvious with a clear roadmap at the start; then use headings, thesis
sentences, and transitions to guide the unfamiliar reader.
The Rules Explanation
7.
Move from general to specific rules. Link new information to old.
8.
Do more than just stating a rule. Readers want you to explain the rule: its scope and meaning,
how it works, its reasoning and underlying policy, how courts have applied it, etc.
9.
Explain rules, reasoning, and policy in the abstract before giving case examples.
10.
Give case examples if they would be helpful to illustrate your point or rule explanation.
Briefly focus on how the case example supports your discussion.
11.
Explain analogies to, or distinctions from, any key precedent case facts, especially if a reader
would have a question about the case.
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Writing Style & Editing
12.
Review for common grammar and punctuation errors.
a.
Use a comma between independent clauses with a conjunction, after introductory
clauses, and for the last item in a series. Examples:
The rule has three elements, and a plaintiff must plead facts satisfying each
element.
[independent clauses with a conjunction]
For an unfamiliar reader, some additional explanation may be necessary.
[introductory clause]
Use a comma between independent clauses with a conjunction, after
introductory clauses, and for the last item in a series.
[series comma before the “and”]
b.
Use apostrophes correctly. Distinguish between plurals—no apostrophe—and
possessives; note the exception for “its.”
c.
Use adjectival hyphens (e.g., long-term agreement, writing-sample workshop,
liquidated-damages clause).
d.
Be sure your pronouns agree with their subjects.
[CORRECT] Business owners must attempt to provide reasonable
accommodations for their disabled employees.
[INCORRECT] A business owner must attempt to provide reasonable
accommodations for their disabled employees.
e.
For collective nouns (e.g., court, jury, company, business), use the pronoun “it.”
13.
Check for spelling errors, typos, and citation form mistakes.
14.
Avoid long, complex sentences. An unfamiliar reader absorbs new information better in
reasonably small doses.
15.
Make your explanations concise without sacrificing substance.
a.
Edit first at the sentence level. Make your point with fewer words.
b.
Then look for repetitive words, phrases, and explanations.
c.
Finally, if you must cut substance, cut minor details and your least important points
first.
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16.
Avoid excessive quoting from your sources. Paraphrasing is often clearer and allows you to
focus on your point. Always cite to your source, whether you are quoting or paraphrasing.
17.
Avoid passive verbs, which make your writing wordier and more formal.
[ACTIVE] the court held, the court decided, the parties signed the contract, the
State should prosecute her, . . .
[PASSIVE] it has been held, it was decided, the contract was signed, she should be
prosecuted, . . .
18.
In your tone, find a balance between being too formal and too casual. Read your sentences
aloud to see if this is how you would explain the law to your boss in person.
Format & Appearance
19.
20.
Make your writing sample graphically attractive.
a.
Use at least one-inch margins.
b.
Use at least 12-point type.
c.
Double-space everything except block quotations.
d.
Be consistent in your formatting of headings, indents, paragraphs, etc.
e.
Break up long paragraphs. Most paragraphs should be no longer than a half-page.
f.
Number your pages.
Attach a cover sheet if any explanation of your writing sample is necessary.
[These tips reflect the general advice that students can find in more detail in most first-year legal writing texts. For more
information, visit the Legal Research & Writing program office in room 4373A or IWIS in room 2378.]
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