The Final Draft: Editing and Revising Legal Writing

Editing your own work is one of the most important parts of legal writing; a first draft (and probably even a fifth draft) rarely captures an argument in its clearest, most concise form. This is partly because when we set off on the task of writing a piece we often transcribe our thoughts as we say them in our heads to ourselves. But our thoughts can be repetitive and incoherent for an outside reader.  The editing process is, in part, the process by which we step outside of our own heads and place ourselves in the position of the reader. We have the benefit of knowing what message we are trying to convey and ask ourselves two questions. The first is, if I did not already know what I was trying to say, would I know the author’s point? And, if I would know the author’s point, is it stated as clearly as it could be? Editing is what creates a persuasive argument accessible to a reader.

Self-editing style is personal and evolves as your legal writing skill develops. For me, editing can feel like an endless process (isn’t that why it is called a final “draft”?), limited more frequently by  time constraints and attention span than actually reaching the point where no further edits would improve a piece. I like to edit as I write. I might draft one section or paragraph, edit it, draft another, and go back and further edit the first section and then the second, before starting to write the third. For this reason, much of my editing happens on the computer first and is closely integrated with the writing process itself. Ultimately, however, it is always wise to edit on paper at least for the final round. Regardless of your editing style, here are five basic principles to keep in mind when editing.

1. Shorter, Tighter, Fewer Sentences. Look for ways in which sentences can be shortened by eliminating words without changing the meaning of a sentence. Sometimes, a sentence can be eliminated altogether because it repeats an idea already expressed in the piece or can be easily combined with another sentence.

2. Word Choice. Unless a term of art or otherwise impossible because of necessity, try to vary your word choice to avoid monotony for the reader.  Ensure that the words you chose are the most precise and have the most persuasive connotations for the message you are trying to convey.

3. Transitions. Non-sequetors run rampant on our own heads, easily find their way into our writing, and can be hard to identify when editing. Pay special attention to whether an idea in one sentence flows seamlessly into the the idea in the next. The same goes for paragraphs.

4. Consistency. Refer to the same thing in the same way throughout the piece. If you identify something by an acronym or abbreviated phrase, make sure its definition is clear. Use the same format for headings and subheadings.

5. Proofread. Correcting grammar, typographical, and citation form errors seems obvious, but it is not so obvious that these errors do not persist in final drafts. Although an occasional error of this sort might be excused, they signify carelessness, and, ultimately, delegitimize the writer and the argument.