Thoughts from Diplomacy. (Posted by Gabe)

Friends, I'm feeling your pain. As you are getting your feet wet in the world of legal writing, I am slogging (with already wet feet) towards accomplishing the biggest legal writing project I've ever tried. My Senior Seminar Paper, in its final state, will be between 30 and 50 pages. Right now it is at a couple pages of notes, a bunch of research, and a mind full of jumbled thoughts--thus the pain.

In my research for my particular topic, though, I read a book called "Arts of Power," discussing diplomacy in general. In the section on the skills of the diplomat, I could not help but see the parallel between diplomatic skills and the skills of legal writing. I thought I'd share those similarities with you.

"Ambassadors represent their chief of state and are empowered to speak authoritatively for their chief of government."

For your lawyer, this is important. For you, as a paralegal, it is especially important. Lawyers don't speak for themselves when they engage in legal writing--they must speak for the client. The lawyer is empowered to represent the client, and to speak authoritatively for that client, so the lawyer had better know what the client wants.

The paralegal must also speak for the client to be effective. What is even more important, though, is that the paralegal's writing must speak for the lawyer, too! The effective paralegal must have a solid grasp on the client's goals, and the lawyer's means to that goal.

The lawyer is the agent of the client, and the paralegal is the agent of the lawyer. As "Arts of Power" says, "The role of the agent requires the subordination of personal interests to those of the principal being represented."

"An agent must wield language with uncommon exactitude."

Even the slightest misstatement can wreak amazing havoc. Even worse, if you are unclear and give the wrong impression, the same thing can happen. Legal writing has to be both clear and accurate.

Even though the lawyer will actually sign the papers, these are often the job of the paralegal. If you draft the paper, you must do so with a full knowledge of the facts and the legal arguments that you are making. If you edit the paper, you must do so word by word, sentence by sentence, to verify that it is saying what you are trying to say. If you don't, you run the risk of major headaches later on.

"Diplomatic dialogue consists of exchanges of assessments, estimates, apprehension, preferences, options, intentions, commitments, reassurances, and verifications."

When I read these steps, I could not believe just how much they mirrored the legal process. From start to finish--from the initial asset check to determine whether a case is worth it, to the settlement negotiations or trial. The lawyer relies on the information from the paralegal to assess the case's value, estimate values, apprehend the opponents arguments, find the client's preferences, evaluate legal options, create plans and intentions, commit to a course of action, reassure the client and the opposing parties, and finally verify how everything will conclude.

The list could go on, but these nine steps are also vital in legal writing. Even as you begin your assignments, go through these steps consciously, from start to finish, and you will be well on your way.