THE LEGAL WRITING
CORNER
WHAT READERS WANT: WRITING FOR THE CLIENT AND JUDGE – IT’ S SIMPLE
By Jennifer J. Cook and Denitsa R. Mavrova Heinrich
What do readers want? Good writers ask this question every time they write. This question goes together with the well-known writer’ s mantra— know your audience. In the legal realm,“ the know your audience [ approach ] focuses only on the communication between the lawyer and the judge.” 1 What’ s missing from that approach is the client. 2 A client-centered approach emphasizes comprehension and a conversational, direct tone. 3 In other words, what clients want is for lawyers not to sound like lawyers.” 4
Fortunately, lawyers do not have to choose between different approaches to communicate effectively with either audience. The writing techniques that help clients understand legal documents also make those documents easier for judges to read. Clients and judges want the same thing from legal writing: simplicity. Author and plain language expert, Bryan Garner, found that when judges reported their readerly likes and dislikes, the following phrases consistently appeared among the judges’ list of likes:“ simple sentences;”“ understandable language;”“ short, to-the-point style;”“ instant clarity;”“ short words;” and“ practical writing.” 5
Garner suggests that“[ legal ] writers fear simplicity because they don’ t want to be considered simple minded. [ However ], there’ s no better way to strike your reader as an intelligent, sensible writer than to simplify.” 6
To achieve simplicity in your writing, we recommend you( 1) Assess Your Readerly Likes & Dislikes; and( 2) Use Plain Language Resources.
Assess Your Readerly Likes & Dislikes
As writers, lawyers often divide their brain into two parts: the readerly and writerly side. 7 Their writerly side follows established legal writing rules. 8 And in doing so, the writerly side can complicate and obscure the point in pursuit of so-called“ traditional legal writing.” Our readerly side is more instinctual. 9 It simply reacts to writing either favorably or unfavorably. 10 Engaging with their readerly side can help legal writers see where a client or judge will react unfavorably to writing that requires them to“ slow down [ to ] figure things out.” 11 Where slowdowns occur for the reader,
32 THE GAVEL
Jennifer Cook and Denitsa Mavrova Heinrich are faculty members at the University of North Dakota School of Law. legalisms are often to blame. Plain language guidance encourages legal writers to avoid legalisms or clearly define those with unique legal meaning( i. e., avoid“ pursuant to” or“ herein;” define“ common law” with court cases or“ canons of construction” with a method of interpreting statutes). 12
So, ask yourself,“ what do I like and dislike as a reader, and why?” 13 More often than not, the legal material you read and like contains simple, plain language which“ speeds up the delivery of the information” making your job as the reader easy. 14
Use Plain Language Resources
Years of legal training can make it difficult for writers to“ try not to sound like a lawyer.” 15 If losing the legal language is difficult, consider seeking out plain language resources.
In 2010, Congress passed the Plain Writing Act which recognized writing with plain language ensures the public understands information provided by the federal government. 16 The act requires all federal agencies to use plain language in any new or revised public-facing content. 17 To help writers comply with the act, an online plain language guide series with concrete explanations and clear examples can be found at https:// digital. gov / topics / plainlanguage.
The National Center for State Courts provides another useful online resource at https:// ncsc. org / resources-courts / access-fairness / selfrepresented-litigants. The website has a searchable plain language glossary and other tools.
Whether the reader is a client or judge, using plain language resources and assessing readerly likes and dislikes makes it simple to write the way readers want.
1. Jason K. Cohen, Know Your Client: Maximizing Advocacy by Incorporating Client-Centered
Principles into Legal Writing Rhetoric Practice, 1 CHARLOTTE L. REV. 253( 2009). 2. Id. 3. Wayne Schiess, Writing for Your Audience: The Client, MICH. BAR J., June 2002, at 50. 4. Id. 5. Bryan A. Garner, Legal Writing in Plain English, at 169-70( 2nd ed. 2001). 6. Id. at 171-72. 7. Id. at 168-69. 8. Id. 9. Id. 10. Id. 11. Scheiss, supra note 3, at 51. 12. Id. at 50. 13. Garner, supra note 5, at 169. 14. Id. at 169, 171. 15. Scheiss, supra note 3, at 50. 16. See Plain Language Guide Series, U. S. Gen. Serv. Admin.( July 2026), https:// digital. gov / guides / plain-language. 17. See Requirements for Plain Writing, U. S. Gen. Serv. Admin.( July 2026), https:// digital. gov / resources / plain-writing-act.