Why is legal prose so hard to read?
One reason is obvious: Legal writers rarely think about their audience. When legal writers account for the preferences and expectations of their readers, legal writing can be sublime. Lucid. Easy to navigate and simple to understand. This species of legal writing leaps from the page to grab its readers by the collar, holding their interest and attention to the very last word. It is comfortably understood, employs concrete words and concrete grammar, shows - not tells - with concrete facts and concrete arguments. And this motivates the reader forward.
Zen and the Art of Persuasive Writing tackles abstract questions in fresh and relatable ways, imbuing the dharma of mindfulness and cognitive science into the conversation on persuasive and legal writing. It dissects persuasive writing into 9 mantras:
- Be aware of the audience. Persuasive writers understand that readers and writers are separated by time and distance, so they channel the readers to prognosticate and answer questions.
- Be less categorical. Persuasive writers know that few rules are absolute.
- Be clear and concrete. Persuasive prose conveys hard facts and ideas in plain and simple words.
- Be concise. A persuasive writer severs the meaningful from the meaningless. He is focused and assured.
- Be cohesive and coherent. Persuasive prose is easy on the eyes and simple to navigate.
- Be compelling. A persuasive writer holds the attention and interest of his readers for long enough to move their hearts and minds.
- Be credible. A persuasive writer earns his reputation with colleagues and the courts, knowing a fine reputation is not purchased or invoked.
- Be a reader and writer. A persuasive writer reads and reverse-engineers the language, style and approach of stuff he likes.
- Be meticulous and rewrite. A persuasive writer toils to ensure the audience will understand the point. He knows that persuasive prose is the end product of many drafts and myriad decisions.
