Writing principles and document types - Writing clearly, con...

Learning Outcomes

After reading this article, you will be able to apply core principles of legal writing for SQE2. You will distinguish between clear, concise, and accurate style requirements, use key strategies to avoid common errors, and understand the structure, tone, and level of formality needed for typical legal document types. You will also demonstrate awareness of relevant terminology, professional expectations, and tips for presenting information for exam success.

SQE2 Syllabus

For SQE2, you are required to understand how to write clearly, concisely, and accurately in a legal context. You should focus your revision on:

• the essential features of clear, concise, and accurate legal writing
• standard conventions for written legal communication (emails, letters, memoranda, notes)
• how to identify and avoid common drafting pitfalls (ambiguity, verbosity, jargon, and technical errors)
• the correct use of key terms, grammar, and document structure
• the application of professional standards for presentation, formality, and clarity in client and court documents.

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

1. Which of the following best improves clarity in a legal advice letter?
   1. using long, formal sentences with legal jargon
   2. using short sentences and plain English
   3. using abstract nouns and passive verbs
2. Which is a risk of overusing passive voice in client advice documents?
   1. loss of key evidence
   2. ambiguous responsibility for actions
   3. excessive use of case citations
3. How would you clarify an ambiguous time provision: "within 10 days of 10 June"?
   1. state "within 10 days starting on 10 June"
   2. leave as is
   3. add a reference to 'forthwith'
4. Which of the following is the preferred way to define a technical term in a contract for the purposes of SQE2?
   1. provide a separate, clearly labelled definition clause
   2. use several synonyms interchangeably throughout
   3. use gendered pronouns throughout the contract

Introduction

Precise, effective legal writing is required in exams and practice. SQE2 candidates must communicate information in plain, accurate language with the appropriate level of detail for the intended reader. This article covers the essential principles of writing clearly, concisely, and accurately, and the document types most frequently encountered. It also outlines standard conventions, common pitfalls, and professional requirements to ensure work meets SQE2 standards.

The Three Core Principles

Legal writing for SQE2 should always be:

• Clear: The reader must immediately understand the information or advice you intend to convey.
• Concise: Only necessary words and detail should be included. Redundant, padded, or repetitive wording must be removed.
• Accurate: Every statement must be factually, grammatically, and legally correct. Citations, data, and legal interpretation must be reliable.

Key Term: clarity
Clarity means information is presented in a straightforward, unambiguous manner, so the reader’s comprehension is instant and effortless.

Key Term: conciseness
Conciseness means using the minimum number of words necessary, eliminating padding, repetition, and irrelevant detail.

Key Term: accuracy
Accuracy means all facts, law, language, citations, and grammar are correct and appropriate for the context.

Common Requirements Across Document Types

All legal documents for SQE2 must:

• Use short, well-structured sentences.
• Present one main idea per paragraph.
• Follow professional standards for grammar, punctuation, and spelling.
• Remove jargon and technical terms unless essential (and then define them).
• Avoid archaic phrases, verbose expressions, and unwarranted formality.

Where possible, use headings, bullet points, and numbering for structure and ease of reference.

Avoiding Common Pitfalls

Certain errors frequently cause marks to be lost in assessments.

Key Term: ambiguity
Ambiguity arises when wording has more than one reasonable interpretation, or it is unclear to whom or what a reference applies.

Ambiguity should always be avoided. Typical sources include uncertain modifiers ("within 7 days of today"), vague terms ("as soon as possible"), or pronouns that could refer to more than one person or thing.

Key Term: passive voice
The passive voice is where the subject of a sentence receives the action, rather than performing it (e.g., "the application was sent" instead of "the solicitor sent the application").

Excessive use of passive voice hides who is responsible and can create confusion. Prefer the active unless the actor is unknown or irrelevant.

Unnecessary legalese, abstract nouns, and redundant wording make documents difficult to read. Replace "pursuant to" with "under;" "in the event that" with "if;" and "the fact that" with nothing.

Structure and Style for Letters, Emails, and Notes

Each document type has its own conventions, but general rules apply:

• Start professional letters and emails with an appropriate greeting, and finish with "Yours sincerely" (if the recipient is named) or "Yours faithfully" (if not).
• Use a short, descriptive heading that identifies the subject (not just “Re:”).
• Open with the main point. Avoid long-winded preambles such as "Further to our previous correspondence".
• If writing to a lay client, use only essential technical or legal language and explain any necessary legal terms.

Key Term: plain English
Plain English uses ordinary, everyday language, short sentences, and avoids jargon so all readers can understand.

Definitions and Consistency

If a technical term or party is used several times, define it clearly the first time and use the defined term consistently.

Key Term: definition clause
A definition clause sets out the meaning of terms with special or technical meaning for the purposes of the document.

Never use inconsistent terminology. Do not use synonyms for the same defined item.

Standard Grammar, Punctuation, and Formatting

Follow these professional standards:

• Begin sentences with a capital letter and end with a full stop.
• Use commas and colons appropriately to break up clauses and introduce lists.
• Only use apostrophes to indicate possession or omission.
• Spelling must be correct—run a spellchecker and proofread.
• Paragraphs should be short, focusing on one point.
• Numbered paragraphs, bullet points, and subheadings help readability.
• Use gender-neutral language unless the context demands otherwise.

Worked Example 1.1

A client file contains this sentence:
“In accordance with your instructions, I have now prepared a draft agreement and have enclosed the same herewith for your perusal and approval.”

Question: How could this be written more clearly and concisely for SQE2?

Answer:
"As you requested, I enclose the draft agreement for your review."

Worked Example 1.2

You are drafting a contract clause:
“The Consultant shall, if and only if written approval is given by the Landowner, and the Consultant has not terminated this Agreement, permit the use of its name in advertising.”

Question: What is a clearer way to structure this clause?

Answer:
“The Landowner may use the Consultant’s name in advertising material only if:
(a) written approval is given by the Consultant; and
(b) this agreement has not been terminated by the Consultant.”

Exam Warning

SQE2 assessment scripts are often penalised for confusion over "and" versus "or" in lists. If you mean all options apply, use "and." If only one applies, use "or." If any or all can apply, state "any or all of the following."

Revision Tip

When proofreading, read your draft aloud and look for sentences that sound over-complicated or contain more than one idea. If you cannot read a sentence easily in one breath, split or rewrite it.

Key Point Checklist

This article has covered the following key knowledge points:

• Clarity, conciseness, and accuracy are the three pillars of effective legal writing for SQE2.
• Short sentences, plain English, and defined terms improve readability and remove ambiguity.
• Passive voice can create confusion—active voice is usually preferred.
• Avoid unnecessary technical terms, archaic phrases, and verbose expressions.
• Each document type (letter, note, email) has specific conventions—tailor tone, formality, and detail to purpose and recipient.
• Grammar, punctuation, and spelling must be correct.
• Proofread all work and check for typographical, factual, and legal errors.

Key Terms and Concepts

• clarity
• conciseness
• accuracy
• ambiguity
• passive voice
• plain English
• definition clause