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

Learning Outcomes

This article sets out the principles and practices for writing clearly, concisely, and accurately in SQE2 communications, including:

• Distinguishing clarity, conciseness, and accuracy and applying them in client, court, and internal documents
• Structuring documents for reader-first impact (early conclusions, reasons, options, next steps)
• Using plain English, active voice, and precise grammar, punctuation, and spelling
• Avoiding common pitfalls: ambiguity, and/or, nominalisations, legalese, vague time frames, and comma splices
• Drafting precise dates, times, and time zones; signalling inclusive/exclusive deadlines and list logic
• Defining terms consistently and using definition clauses appropriately (not to create obligations)
• Formatting for readability with headings, numbered paragraphs, and tabulation to clarify multi‑limb conditions
• Tailoring tone, formality, and content for letters, emails, and internal notes, including “ghosting” for partners
• Applying inclusive and professional language and safeguarding confidentiality and data protection in emails
• Proofreading effectively with targeted checks and a practical final‑pass checklist for exam scripts
• Recognising when passive voice is appropriate and how to convert to active for accountability
• Confirming agreements and responsibilities precisely, including proper use of “Without prejudice”

SQE2 Syllabus

For SQE2, you are required to demonstrate clear, concise, and accurate writing across client and court communications, with a focus on the following syllabus points:

• the essential features of clear, concise, and accurate legal writing
• standard conventions for written legal communication (emails, letters, memoranda, notes)
• identification and avoidance of 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.

Clear writing begins before you draft. Identify the purpose of the document, the audience (client, opponent, colleague, court), and what the reader must do after reading. Then order material so the reader gets the most important point first. In client advice and internal notes, state your conclusion early, then give reasons and alternatives with pros and cons. This reader‑first structure speeds decision‑making and avoids burying key advice.

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.

A practical benchmark for sentence length is an average of about 20 words, with very few sentences over 25 words. Break up bracketed sub-clauses. Prefer two crisp sentences to one sprawling sentence loaded with asides. Keep subject–verb–object close together so the reader does not have to hold multiple clauses in memory before reaching the verb.

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

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. Watch also for ambiguity created by dates and times (inclusive vs exclusive deadlines; midnight), by mixed "and/or", and by lists where it is unclear whether all or any items must be satisfied.

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").

Key Term: active voice
The active voice is where the subject performs the action (e.g., "the claimant filed the claim form"). Use this by default in advice and correspondence to show who is responsible for doing what and by when.

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. Reduce nominalisations (turning verbs into nouns) which lengthen and deaden sentences (use "decide" rather than "reach a decision"; "apply" rather than "make an application").

Avoid vague intensifiers and fillers ("very," "clearly," "obviously," "important to note that"). If a point is truly important, the content will show it; the adverb will not.

Key Term: and/or
"And/or" attempts to cover both conjunctive and disjunctive meanings. It can be unclear, especially in lists of three or more. Prefer explicit formulations such as "any or all of" or tabulate options with "either" and "or" where appropriate.

Ambiguity also arises around "subject to" and cross-references. "Subject to clause 10" generally subordinates one provision to another. Do not use it to add a separate obligation; use "without prejudice to clause 10" if both provisions must operate.

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.

Prioritise conclusions. In client advice and internal notes:

• Identify the issue in one sentence.
• Give your answer/conclusion next.
• Then set out the reasons, risks, assumptions, and alternatives proportionately.

When corresponding with other lawyers, be firm but polite. Keep to issues that matter. Confirm significant calls in writing. If drafting for a partner to sign ("ghosting"), match house style, tone, and level of formality; ensure the letter reflects the firm’s position and the partner’s preferences on "we" vs "I".

Emails are not "less formal letters". Apply the same standards of clarity, structure, and proofreading. Avoid "text speak", all caps, emoticons, and humour that may be misunderstood. Use informative subject lines. Consider who needs to be in "To", "Cc" and "Bcc". Observe confidentiality and data protection when sending bulk communications; use "Bcc" unless recipients have consented to publication of their addresses.

Key Term: inclusive language
Inclusive language avoids stereotyping or excluding people and uses gender‑neutral forms where possible (e.g., "they" for an unidentified person; "chair" rather than "chairman").

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.

Place general definitions early and alphabetically. Capitalise defined terms consistently. Do not draft obligations in definitions; create rights and duties in the operative provisions and use definitions to provide meaning only. If a term is used only in one clause, consider a local definition at the start of that clause. Avoid switching synonyms for the same defined concept (do not alternate between "Seller" and "Vendor").

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.
• Structure paragraphs with a clear opening sentence stating the point, followed by justification and a short closing sentence on relevance.

Further practical rules to avoid common errors:

• Avoid comma splices (do not join two independent sentences with a comma alone). Use a full stop, semicolon, or a conjunction ("so", "and", "but").
• Distinguish "that" (defines) from "which" (qualifies) and use a comma before "which".
• Prefer active voice for clarity; use passive sparingly when the actor is unknown or irrelevant.
• Keep consistent subject focus across sentences when possible ("The Company must... It must...").
• Use specific time frames and numbers, not vague phrases ("by 5pm on 14 March 2026 (UK time)" rather than "by close of business").
• Write dates as "14 March 2026". Avoid ambiguous formats. For sums with legal effect, write both words and figures if necessary (e.g., "£25,000 (twenty‑five thousand pounds)").

For deadlines and time zones:

• Specify whether a date is inclusive ("on or before 3 December 2026") or exclusive ("before 3 December 2026").
• Avoid "midnight" (there are two each day). Prefer "23:59".
• State the time zone by reference to a jurisdiction or city ("UK time") rather than "GMT" during daylight saving months.

When drafting lists or conditions:

• Use tabulation for clarity where there are multiple limbs.
• Make explicit whether all limbs must be satisfied ("all of the following") or whether any limb suffices ("any of the following").
• Avoid "and/or"; consider "any or all of" or an "either/or" structure.

Inclusive drafting:

• Use "they/them" for a singular person whose gender is unknown or irrelevant if clarity allows.
• Omit gendered words where possible by restructuring the sentence.
• If pronouns might be unclear, repeat the noun.

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.”

Worked Example 1.3

A clause reads:
“The Supplier shall provide X, Y and/or Z.”

Question: How can you remove the ambiguity caused by "and/or"?

Answer:
“The Supplier shall provide any or all of X, Y and Z.”
Alternatively, tabulate: “The Supplier shall provide: (a) X; (b) Y; or (c) Z; or any combination of them.”

Worked Example 1.4

A deadline reads:
“X shall apply for the Permit by 3 December 2026. The Option expires at midnight on 10 August 2026.”

Question: How can you make both provisions precise?

Answer:
“X shall apply for the Permit on or before 3 December 2026.”
“The Option expires at 23:59 (UK time) on 10 August 2026.”

Worked Example 1.5

Two clauses in a supply agreement state:
“1. Subject to clause 2, the Supplier shall deliver 10 crates of beer every month.
2. In December the Supplier shall deliver two crates of champagne.”

Question: Clause 2 was intended as an additional obligation, not to override clause 1. Rewrite to reflect this.

Answer:
“1. The Supplier shall deliver 10 crates of beer every month.
2. Without prejudice to clause 1, in December the Supplier shall also deliver two crates of champagne.”

Worked Example 1.6

A sentence in a client note reads:
“I’ve read all the cases on this point which support our argument, the judge will probably agree.”

Question: Identify and correct the issues.

Answer:
Avoid the comma splice and the ambiguous "which"/"that":
“I’ve read all the cases on this point, which support our argument. The judge is likely to agree.”

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.

Build a short checklist for the final pass: remove legalese and nominalisations, check "and/or" and list logic, make dates/times precise, confirm each paragraph starts with the point, and ensure pronouns have clear referents. Leave time between drafting and polishing (ideally a day, but even an hour helps) to spot errors with fresh eyes.

Additional Guidance by Document Type

Although the SQE2 focuses on short professional documents, good habits from practice will help you demonstrate control, purpose, and audience awareness.

Letters to clients:

• State the outcome or recommended course of action in the opening lines.
• Explain legal terms in plain English and relate them to the client’s facts.
• Identify risks, alternatives, costs (if relevant), and next steps, using short, labelled paragraphs.
• Close by setting expectations on timing and how the client can contact you.

Letters to other solicitors:

• Keep tone professional and focused on issues. Avoid sarcasm and rhetoric.
• Confirm agreements, deadlines, and responsibilities precisely.
• Mark genuine settlement communications “Without prejudice” only where appropriate.

Emails:

• Use informative subject lines and put the key message in the first sentence.
• Structure with short paragraphs, bullets sparingly, and clear asks (who must do what, and by when).
• Beware “reply all”; respect confidentiality and data protection.

Internal notes/memoranda:

• Use headings and signposting. Start with the question and your short answer.
• Organise analysis by issue; for each issue, state the point, relevant authority, application to facts, and conclusion.
• Keep references precise; include only what is necessary to support the advice/action.

Formatting and presentation:

• Adopt consistent numbering (e.g., 1, 1.1, 1.1.1) where the document is more than one page or contains multiple issues.
• Use generous white space and consistent headings to make scanning easy.
• Follow house style where applicable (fonts, numbering, spelling conventions). Consistency aids credibility.

Paragraph discipline

Within each paragraph:

• First sentence: the point you are making (your conclusion on that micro‑issue).
• Middle: justification (facts, logic, authority), keeping verbs active and sentences short.
• Final sentence: why it matters (relevance to the client’s decision or the recipient’s action).

This approach forces clarity and reduces description without analysis.

Specific pitfalls to check before finalising

• Redundancy and tautology: cut "absolutely essential," "completely unanimous," "advance planning," "enclose herewith."
• Compound prepositions: replace "in accordance with" (under/by), "by reason of" (because), "with regard to" (about).
• Archaic terms: avoid "herewith," "heretofore," "aforesaid."
• Jargon: translate "SLA," "force majeure," "pari passu" unless the audience expects them and you define them.
• Pronouns: repeat the noun if “it”, “they”, or “he/she” could refer to more than one antecedent.
• Numbers and money: use figures for precision; where critical, consider figures and words.
• Quotes and citations: attribute accurately; keep citations to the minimum necessary in advice documents.

Precision with time periods

Avoid "within X days of [date/event]" unless you specify the starting point. Prefer "within X days beginning on [date]" or "within X days after [event]" and, where important, state the time zone and the exact time the period ends.

Using tabulation to prevent ambiguity

For conditions or permissions, structure text as a list under an introductory line indicating whether "all" or "any" items apply. This visual separation, coupled with explicit lead‑ins ("only if all of the following are satisfied:"), prevents misreading.

Inclusive and professional language

Avoid assumptions about identity or ability. Use people‑first phrasing where relevant ("a person with a disability"). Keep salutations and forms of address consistent for all individuals in the same document. If a gendered pronoun is not required, restructure to remove it.

Proofreading technique

Read on paper if possible. Read from the end paragraph by paragraph to focus on expression rather than content. Check cross‑references and defined terms (are they capitalised consistently and used everywhere?). Run a simple search for red‑flag words: "herewith," "and/or," "subject to," "the fact that," "clearly," "obviously," "however," "pursuant to." Replace or justify each occurrence.

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.
• Put key conclusions upfront in client advice and internal notes; then support them with reasons and options.
• Make lists and conditions unambiguous; use tabulation and explicit lead‑ins instead of "and/or."
• State dates, times, and time zones precisely; indicate whether dates are inclusive or exclusive.
• Use definitions to clarify meaning (not to create obligations) and apply them consistently across the document.
• Use inclusive language and gender‑neutral forms where possible.

Key Terms and Concepts

• clarity
• conciseness
• accuracy
• ambiguity
• passive voice
• active voice
• plain English
• definition clause
• and/or
• inclusive language