Discuss the psychology of writing and analyze how it plays a key role in the writing life of an advocate

 Psychology of Writing.

It has been said that words are the dominant tool of trade for a lawyer. Effective communication makes for a good advocate. A legal writer must consider the reader, purpose of writing and conventions of the type of document being written. The main aim of writing is such that the reader understands. Good legal writing can be achieved through;

• Use of plain English as opposed to legalese.

• Clarity, precision, non-ambiguity and conciseness of words

• Good grammar, spelling and punctuation.

• A logical structure and completeness of the work.

Psychology is behavioral science. In this context can be defined as the mental or behavioral characteristics or attitude of a person or group.  The psychology of writing can therefore be loosely defined as behavior or mindset leading up to good writing. Writing improves with experience. A legal writer may not effectively communicate to his readers or achieve his purpose if his writing is not of good quality. This however can be achieved by developing a schedule for the completion of the document being written. This schedule must provide reasonable time to conduct research, drafting, revising, editing and proofreading of the document. 

Below we discuss the essence of each element of the schedule.

1. Research.

This is the systematic investigation into and study of materials and sources in order to establish facts and reach new conclusions. Research plays an important role in legal writing. It involves fact finding and analysis of such facts. For effective legal writing, an advocate may organize research around the law or points they intend to make. Organization of research facilitates good writing. It guides the advocate in making decisions that facilitate effective communication to the reader, achieve his purpose of writing and drafting the document in the right manner.

2. The Outline and Writing Plan.

An outline is an organizational plan to help you in drafting. It allows the writer to categorize the main points, organize sensible paragraphs and ensure that each paragraph is fully developed. It prevents the writer from getting stuck when writing. It helps save on time, prevents back-tracking, repetition and missing out on key points.

1. Read through the research

This is important to ensure that everything in the outline is included in the research and careless omissions and irrelevant additions are avoided.

b)  Organization

In the outline, the research should be divided into an introduction, the body and the conclusion. Outline the topics and sub-topics to be included in the research stating the statutes, cases and authorities which you will rely on. The document should be well structured and logically structured with proper headings and numberings. The paragraphs and sentences should be properly constructed as well. 

3. Talk to a colleague

It is through sharing of the work that you get positive critique for corrections to improve quality of the work. It is also an efficient way of noting weaknesses in the research.

4. Consider the reader and the purpose

You need to consider the reader and the purpose of the document. With your reader in mind, you know the type of language to use; whether to use legalese or plain English.

The purpose of the document is also important to determine the formal structure and the content.

3. Revising

Black’s Law Dictionary defines revision as a reconsideration; second view or examination a consideration for purposes of correction.

After the first draft, the writer is to step back and rethink the entire document. In revision, it is prudent for the writer to develop a checklist. The essence is to focus on the larger issues of writing.

The checklist seeks to ask and answer the following questions:

1. Will the document meet the reader’s needs?

The writer is to establish who their target audience is. For instance, the language used to address persons having legal training is different from that used to address lay people.

2. Is the tone right for the document and the reader? 

3. Is the document well organized?

For instance, grammar; writing should be free from grammatical errors. The rules of grammar that dictate word form, order and sentence structure must be followed.

4.  Are the ideas well developed?

Writing in paragraphs is of essence. This helps the writer to stay focused and in control of their writing. Paragraph unity is paramount; each paragraph must have its own topic the elements of which work together to make a point. Each must have a topic sentence, supporting sentence and concluding sentence.

5. The legal analysis, is it conclusive or superficial?

Superficial in the sense that it partially covers the content, it deviates from the issue at point or it lacks content.

6. What else could be included or omitted in the writing?

7. Is the theme evident in all sections of the document?

Here, paragraph unity and coherence should be adhered to, to ensure that the writer does not deviate from the topic.

8. Read and sum up the point the writing intends to achieve. There should be a logical connection in the paragraphs to achieve this. The writer should avoid repetition.

9. What are the weaknesses? Other than a self-critique of the writing, it is prudent for the writer to view the work from the point of another advocate.

4. Editing

Editing involves an examination of the smaller issues in writing. It entails the following;

1. Stepping out of the role of the drafter. 

2. Looking at the writing with a critical eye. 

3. Looking at: sentence structure, word choice. 

4. Paying attention to the subjects and verbs in sentences. 

5. Making extra effort to edit for precision and conciseness. 

6. Looking out for sloppy word choice and unnecessary verbiage.

5. Proofreading

A writer should always endeavor to present and/or submit neat paperwork that is free from any grammatical and/or punctuation errors. It is upon the advocate to ascertain that the final document does not have fault for missed words, format problems or typographical errors, and to achieve this it is therefore essential to proof-read the final draft. Proof-reading is therefore when an author goes through the final draft slowly with the aim of identifying any errors in the document and rectifying them. This task should be done when the mind is relaxed (do not strain) and it is important to accord maximum concentration at this stage as it will be easy to identify any errors in the document and amend them accordingly.

The author should take note of all the parts of the document. This includes;

• Headings

• Charts

• Captions

• Footnotes

It is also crucial to re-confirm the following:

• Dates,

• Figures and

• Spellings

For an effective proof reading exercise, the writer should consider:

1. Making the first draft.

2. Take some time to relax after making the first draft.

3. Edit from a hard copy.

4. Proofread in bits while editing the draft.

5. Identify the errors in the document.

6. Read through the draft once.

7. Label drafts carefully.

How does Psychology of writing play a key role in an advocate’s writing life?

Psychology of writing may reflect on an advocate’s writing life in the following ways;

1. Organization of thought

Research helps an advocate put his work into perspective. An advocate organizes his work around the law or points he/she intends to make. This helps in organization of thought which translates to clarity of an advocates work.

2. Coherence.

Psychology of writing plays a key role in ensuring an advocate’s work is coherent. It helps an advocate draft his/her work in a manner that is logical and can be easily understood. It helps an advocate create a line of thought that leads to the conclusion he makes.

3. Eloquence

An advocate achieves clarity of expression with clarity of thought. Psychology of writing plays a key role is de-cluttering an advocate’s work. An advocate is able to set out his work in a manner that is straight to the point. This reflects on advocate’s ability to express themselves.

4. Communication

Psychology of writing improves the quality of an advocate'sadvocates writing. In the writing of an advocate, one must consider the reader, the purpose of writing and the type of document being drafted. Putting these into consideration, an advocate’s work must be of good quality and concise for effective communication to occur.   

5. Professionalism

How an advocate relates to his clients differs from how he relates to his colleagues or even judges or magistrates. His writing is dependent on the reader, purpose of writing and the conventions of the document being written. The format and language used in a demand letter differs from submissions in court. Research, drafting, editing and proofreading therefore guides an advocate in the manner of drafting certain documents and plays a key role in the competence of an advocate.

6. Credibility

An advocate’s credibility relies heavily on his ability to represent his client. An advocate is essentially a story teller and in representing his clients, effective communication is key. Writing is a communication tool for an advocate. Writing that is of good quality, concise, void of grammatical errors, with the right choice of words and logical structure ensures that the reader understands what the advocate intended to communicate.