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'Don't just vomit on the page': how to write a legal essay
Law lecturer Steven Vaughan explains why the best essays take discipline, editing, and teamwork
W hen Steven Vaughan, a senior law lecturer at University College London, asked students to mark a previous fresher’s work , their feedback was brutal. It just about scraped a 2:2. The students were therefore shocked to discover this “really bad essay” was written by Vaughan himself during his time as an Oxford undergrad. The reassuring point Vaughan was trying to make, of course, is that students shouldn’t worry if they are not turning in perfect essays from day one. Like any skill, essay writing requires practice. Here, Vaughan offers his advice:
MJ: How do law essays differ from other subjects?
SV: All essays are about communicating a message to a particular sort of audience, so we are looking for structure, logic, and narrative. It’s the law that makes the difference, though. New students often haven’t studied law before and are not aware of its nuance. Writing a law essay is about digging deep to uncover uncertainty and complexity within the law, and to use this to argue a position.
Students always ask, ‘What should our essays look like?’ I tell them they should be writing like the academic articles we give them to read. Obviously that’s a difficult ask on day one, but those should be a guide.
What are the most common mistakes students make when writing law essays?
There are three common mistakes. The first is students not answering the question we set. This happens for lots of different reasons – either because students are stressed and they misread it, or they don’t understand it. But whatever you do, don’t just vomit on the page. You need to think about what exactly we are asking.
Secondly, don’t write your essay like a murder mystery. I often find I don’t know where an essay is going or what the conclusion is going to be until I get to the very end. The most common thing I write in capital letters is, ‘What’s your argument? What are you saying?’
The third common mistake is an argument lacking authority. Students will often put forward propositions that are intelligent and well reasoned but don’t connect back to the law. What’s the bit of statute, case law or legal academic that you are using to evidence the claim that you are making?
What’s the best way to start a law essay?
Often introductions are long and rambling. If you can set the right tone at the beginning, it makes all the difference. I tell my students to do three things in their introductions. First, give it a context: frame the issue for the reader and for the question. Then set out your argument. And then do some signposting: tell me what is going to happen over the next three paragraphs or the next three pages.
What’s the best way to approach research?
Students don’t ask us enough for guidance on how to direct their reading. The reading list is almost always split into two parts – the required reading section and the further reading section. The required reading is stuff we just expect you to know, it’s a given. Additional reading is for when you have time, these are things you should explore.
Law students always complain about how much work they have to do. But what they don’t do is form study groups to help each other prep. One of my first-year messages is that law isn’t The Hunger Games. There is no reason why you can’t all do well. So why don’t you share the reading between you?
What really impresses me is when students divvy up the additional reading, when students create Facebook or WhatsApp groups and share knowledge among themselves.
How do you best manage your time?
My advice is always do as I say, not as I did. I was a student who was awake all night, cramming for exams and finishing my essay at 6am for a tutorial at 9am. The better advice is to try and treat your law degree like a job. So think about working 8-4 or 9-5. You shouldn’t be working in the early hours of the morning or at the weekend. That requires quite a bit of discipline. Have a timetable that you stick to.
When you think you have finished a piece, physically walk away from it, get some fresh air, go to the gym – whatever it is you do. It’s only when you come back to it later that you will notice all the imperfections and mistakes.
You have also got to build in time for getting feedback from other people, whether it’s friends, family or other law students. Give it to someone who is going to be brutally honest.
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How to Write a First-Class Law Essay
Studying law at university entails lots of essay writing. This article takes you through the key steps to writing a top law essay.
Writing a law essay can be a challenging task. As a law student, you’ll be expected to analyse complex legal issues and apply legal principles to real-world scenarios. At the same time, you’ll need to be able to communicate your ideas clearly and persuasively. In this article, we’ll cover some top tips to guide you through the process of planning, researching, structuring and writing a first-class law essay with confidence.
1. Start In Advance
Give yourself plenty of time to plan, research and write your law essay. Always aim to start your law essay as soon as you have the question. Leaving it until the last minute does not only create unnecessary stress, but it also leaves you insufficient time to write, reference and perfect your work.
2. Understand The Question
Do not begin until you fully comprehend the question. Take the time to read the question carefully and make sure that you understand what it’s asking you to do. Highlight key terms and annotate the question with definitions of key concepts and any questions that you have have. Think about how the question links back to what you’ve learned during your lectures or through your readings.
3. Conduct Thorough Research
Conducting thorough research around your topic is one of the most fundamental parts of the essay writing process. You should aim to use a range of relevant sources, such as cases, academic articles, books and any other legal materials. Ensure that the information you collect is taken from relevant, reliable and up to date sources. Use primary over secondary material as much as possible.
Avoid using outdated laws and obscure blog posts as sources of information. Always aim to choose authoritative sources from experts within the field, such as academics, politicians, lawyers and judges. Using high-quality and authoritative sources and demonstrating profound and critical insight into your topic are what will earn you top marks.
4. Write A Detailed Plan
Once you’ve done your research, it’s time to plan your essay. When writing your plan, you’ll need to create an outline that clearly identifies the main points that you wish to make throughout your article. Try to write down what you wish to achieve in each paragraph, what concepts you want to discuss and arguments you want to make.
Your outline should be organised in a clear, coherent and logical manner to ensure that the person grading your essay can follow your line of thought and arguments easily. You may also wish to include headings and subheadings to structure your essay effectively This makes it easier when it comes to writing the essay as starting without a plan can get messy. The essay must answer the question and nothing but the question so ensure all of your points relate to it.
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5. Write A Compelling Introduction
A great introduction should, firstly, outline the research topic. The introduction is one of the most crucial parts of the law essay as it sets the tone for the rest of the paper. It should capture the readers attention and provide the background context on the topic. Most importantly, it should state the thesis of your essay.
When writing your introduction, avoid simply repeating the given question. Secondly, create a road map for the reader, letting them know how the essay will approach the question. Your introduction must be concise. The main body of the essay is where you will go into detail.
6. Include A Strong Thesis Statement
Your thesis should clearly set out the argument you are going to be making throughout your essay and should normally go in the introduction. Your thesis should adopt a clear stance rather than being overly general or wishy-washy. To obtain the best grades, you’ll need to show a unique perspective based upon a critical analysis of the topic rather than adopting the most obvious point of view.
Once you’ve conducted your research and had a chance to reflect on your topic, ask yourself whether you can prove your argument within the given word count or whether you would need to adopt a more modest position for your paper. Always have a clear idea of what your thesis statement is before you begin writing the content of your essay.
7. Present the Counter-argument
To demonstrate your deeper understanding of the topic, it’s important to show your ability to consider the counter-arguments and address them in a careful and reasoned manner. When presenting your counterarguments, aim to depict them in the best possible light, aiming to be fair and reasonable before moving on to your rebuttal. To ensure that your essay is convincing, you will need to have a strong rebuttal that explains why your argument is stronger and more persuasive. This will demonstrate your capacity for critical analysis, showing the reader that you have carefully considered differing perspectives before coming to a well-supported conclusion.
8. End With A Strong Conclusion
Your conclusion is your opportunity to summarise the key points made throughout your essay and to restate the thesis statement in a clear and concise manner. Avoid simply repeating what has already been mentioned in the body of the essay. For top grades, you should use the conclusion as an opportunity to provide critical reflection and analysis on the topic. You may also wish to share any further insights or recommendations into alternative avenues to consider or implications for further research that could add value to the topic.
9. Review The Content Of Your Essay
Make sure you factor in time to edit the content of your essay. Once you’ve finished your first draft, come back to it the next day. Re-read your essay with a critical perspective. Do your arguments make sense? Do your paragraphs flow in a logical manner? You may also consider asking someone to read your paper and give you critical feedback. They may be able to add another perspective you haven’t considered or suggest another research paper that could add value to your essay.
10. Proofread For Grammatical Mistakes
Once you’re happy with the content of your essay, the last step is to thoroughly proofread your essay for any grammatical errors. Ensure that you take time to ensure that there are no grammar, spelling or punctuation errors as these can be one of the easiest ways to lose marks. You can ask anyone to proofread your paper, as they would not necessarily need to have a legal background – just strong grammar and spelling skills!
11. Check Submission Guidelines
Before submitting, ensure that your paper conforms with the style, referencing and presentation guidelines set out by your university. This includes the correct font, font size and line spacing as well as elements such as page numbers, table of content etc. Referencing is also incredibly important as you’ll need to make sure that you are following the correct referencing system chosen by your university. Check your university’s guidelines about what the word count is and whether you need to include your student identification number in your essay as well. Be thorough and don’t lose marks for minor reasons!
12. Use Legal Terms Accurately
Always make sure that you are using legal terms accurately throughout your essay. Check an authoritative resource if you are unsure of any definitions. While being sophisticated is great, legal jargon if not used correctly or appropriately can weaken your essay. Aim to be concise and to stick to the point. Don’t use ten words when only two will do.
12. Create a Vocabulary Bank
One recurring piece of advice from seasoned law students is to take note of phrases from books and articles, key definitions or concepts and even quotes from your professors. When it comes to writing your law essay, you will have a whole range of ideas and vocabulary that will help you to develop your understanding and thoughts on a given topic. This will make writing your law essay even easier!
13. Finally, Take Care of Yourself
Last but certainly not least, looking after your health can improve your attitude towards writing your law essay your coursework in general. Sleep, eat, drink and exercise appropriately. Take regular breaks and try not to stress. Do not forget to enjoy writing the essay!
Words by Karen Fulton
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lawyers write in the same way: by laying out the issue to be discussed, the legal rule relevant to the issue, the analysis of the pertinent facts based on that rule, and the overall conclusion reached. Although this may sound daunting at first, it will quickly become second nature. Below is a primer on how to structure a legal argument using IRAC.
Abstract. Good legal writing is more science than art. This short foreword offers a checklist for how to properly structure essays and journal articles. It emphasizes the need for a structured ...
Restate key supporting arguments. The final stage of creating the plan of your law essay is to pick 2 to 3 key supporting arguments which you discussed in the main body of your paper and outline them again. This time, however, you will not be getting into a detailed discussion of how case law or statute sections justify your supporting arguments.
Legal Writing Guide. Legal Writing Guide. 1. Overview: There are a number of basic rules about legal writing. They might not be very different from non-legal writing, but always remember that accurate and clear communication is essential for a lawyer. The importance of grammar: Use proper grammar. Failure to do so: Will make you appear ...
Law Forum is delighted to present to you all the "Guide to Legal Research and Writing". The fundamental aim of this guide is to provide a brief understanding of the basics of legal research, analysis and writing. The guide is divided into 5 parts; Part I covers the basics of legal research, Part II intends to cover the basics of legal ...
After all, you do not want to write your entire paper in the introduction. You must remember, however, to write briefly and succinctly about your issue while at the same time providing the information that the reader needs to understand your issue and your thesis. In summary, an introduction should do the following:3 1. State the problem/issue; 2.
Prepare a preliminary plan. (1) Consider and analyse the topic. Pay special attention to the genre or type of legal research and writing that this topic requires of you - see above. Analysis of the topic includes looking for the instruction word(s), as well as identifying the keyword(s) or central concept of the topic.
Today, most of this advocacy is accomplished through writing.2 Therefore, persuasive writing is, as one professor puts it, "essential to the practice of law."3 Persuasive writing enables you to make strategic decisions about how to present and package your arguments to ensure your document is as convincing as possible.
• Reform - This is kind of the opposite to historical essays. You will need to think about the law as it stands today and how it might change or develop in the future. • Legal theory - A question about legal theory will require academic criticism about a specific law, case or area. Often these will take the form of a question or
Prof. Volokh had the idea for this guide and wrote the material included as groups 1, 2 and 5 in part II.. Professor of Law, Indiana University Maurer School of Law - Bloomington. Prof. Tanford expanded on Prof. Volokh's work, added his own ideas about good writing (not all of which are shared by Prof. Volokh), and is primarily responsible for ...
There are a number of strategies that may help you in starting, structuring and presenting a law essay. 1. Starting your answer. The first step to a successful law essay is understanding the question. One of the most effective ways of breaking down the question is to identify the direction, content, and scope or limiting words.
rather, the systematic application of general rules to specific facts for the purpose of arriving. at reasonable, persuasive conclusions. An attorney writing a legal memorandum to her. colleagues, or a motion to a judge, or presenting a closing argument to a jury is applying the.
A good structure for a law report would be as follows: Title Page: showing the title of the report, the author, the person for whom the report is prepared, and the date of completion. Summary/Synopsis/Executive Summary: (approx 10% of word count) - this will identify: The purpose of the report, The scope of the report - issues covered/not ...
Assignment Tip 1: Good writing •You cannot write an effective legal essay in poor English. Clumsy or unclear expression will spoil your arguments, insights and explanations. -Take as much care with your spelling, punctuation and grammar as you do with the content of your essay. •Good writing has many levels. In order to write well, you
The first is students not answering the question we set. This happens for lots of different reasons - either because students are stressed and they misread it, or they don't understand it. But ...
In this article, we'll cover some top tips to guide you through the process of planning, researching, structuring and writing a first-class law essay with confidence. 1. Start In Advance. Give yourself plenty of time to plan, research and write your law essay. Always aim to start your law essay as soon as you have the question.
Westlaw provides a variety of materials, including cases, statutes, legal texts and periodicals, and nonlegal news and information, all of which can help you narrow your search for a topic for an article. (1-800-850-9378). For technical support you can also send an e-mail message to. [email protected].
lish legal system and adopted its language. This means that Ameri can legal opinions today are littered with weird French terms. Ex amples include plaintiff, defendant, tort, contract, crime, judge, attorney, counsel, court, verdict, party, appeal, evidence, and jury. These words are the everyday language of the American legal sys tem.
Outline and Describe the Scottish Civil Court Structure. Example essay. Last modified: 7th Aug 2019. Scotland's law is seen as a mixed system and not purely the common law system and this due to scot lawyers preferring to take ideas from Roman Law and other continental legal systems rather than the English Law. ...
After the body of your essay, the next section is the conclusion for the essay as a whole. This conclusion tells the reader the overall result that you want to achieve based on all your arguments in the essay. Basically, you must briefly summarise the team's position/arguments. This section is similar to the introduction in that
Strategies for Essay Writing: PDFs Strategies for Essay Writing--Complete. description. Tips for Reading an Assignment Prompt. description. Asking Analytical Questions. description. Thesis. description. Introductions. description. What Do Introductions Across the Disciplines Have in Common? description. Anatomy Of a Body Paragraph.
uses. The same is true of attorneys. We have our own distinctive way of speaking and writing. The preferred style for the discipline you studied as an undergraduate may very well be different than the style your legal-writing professor wants you to use. 1 CHRISTINE COUGHLIN ET AL., A LAWYER WRITES xii (2008). 2 Id. WRITING . . .