Elegant Legal Writing, Ryan McCarl (University of California Press 2024), 199 pages

Ryan McCarl believes that legal writing can be elegant. That’s no small goal. After all, McCarl is a working litigator. So his workaday quest for elegance comes up against the urgency of court deadlines, client demands, and bottom-line outcomes. In that milieu, elegance is elusive.

You’ll forgive me, but that word elegant—its use in the title—fascinates me to near obsession. It was a shrewd and mildly audacious choice. Elegant connotes tasteful restraint. It marks a finer aesthetic—more dinner party than discotheque; more tea sandwich than cheeseburger. The word’s arguable drawback is its shade toward the highbrow. But it’s hard to be put off when the book’s contents are so practical. McCarl urges direct language within a reader-centered design. And he prizes that end above affectation, ceremony, convention, or pretense.

Traditional editorial instruction makes up a large part of the book. McCarl synthesizes advice found in standbys like Plain English for Lawyers^[1] and The Redbook^[2] with material covered by nonlegal commentators. His message is that efficient editors train themselves—earn the ability—to spot specific flaws, whether wordy nominalizations, rampant or wordy prepositions, or passive voice. Elegant Legal Writing teaches those edits with helpful illustrations. And if the book is at times derivative, it is openly and helpfully so. Every legal-writing commentator is indebted to forebears from within and without our profession. And good lessons are worth re-teaching, such as the book’s advice to avoid hyperbole, block quotations, unnecessary intensifiers, bloated language, etc.

But the book isn’t limited to hardcore wordsmithing. It dives deep into language, certainly. But it does much more. In fact, its breadth is impressive. McCarl’s advice ranges from word choice to transitions to process to citation to typography to tone to storytelling to software tricks and more. The coverage is efficient yet never thins.

McCarl’s advice also has a forward thrust that considers the latest innovations in technology, typography, and design. The book’s attention to design is a strong point. Too many lawyers continue to recycle ham-handed traditions. (Think ALLCAPS headings and the like.)^[3] And they fail to appreciate how white space, images, tables, and more can enhance a reader’s interaction with content.^[4] In these sections, McCarl offers welcome advice that is, if not always unique, refreshingly on point and well presented. For instance, he cautions against dense blocks of unbroken text^[5] but also offers concrete page-layout and text-design guidelines for preventing them. Among his tips: Use wider margins.^[6] This reduces line length and improves readability.

McCarl is at his best when tapping technology as a natural and desirable tool for producing elegant writing. In chapter 11, he gives tips on “us[ing] software to improve your prose.”^[7] He recommends “us[ing] dumpfiles to help you revise fearlessly.”^[8] He teaches us keyboard shortcuts and how to set up text expansion (i.e., using abbreviations or snippets to instantly generate frequently used phrases or sentences).^[9] He adds advice on formatting templates (to define page layout and style preferences)^[10] and recommends simple-text editors (or “notepad” editors) for early drafts.^[11] Technology tips have rarely felt so organic.

McCarl also includes a chapter on “The Mental Game of Writing,” which reflects that for lawyers, writer’s block isn’t an option.^[12] The mental challenges posed by deadlines and demands for ceaseless productivity are worthy of attention, and McCarl offers realistic solutions. His advice on the writing process is specific and unhurried. It includes tips for preparing both mind and body for a successful writing session.

If forced to choose highlights, I’d point to passages that cut most conspicuously to the quest for elegant prose. McCarl touches on parallelism (sound advice)^[13] yet goes well past it. He teaches us to vary sentence structures “to control pace and emphasis.”^[14] He advises us to monitor our sentences’ rhythm.^[15] He ties plain language to improved rhythm. And he nails the flipside: jargon upsets rhythm and bogs down prose.^[16] The takeaway: jargon and elegance are antithetical. Too many lawyers think the opposite.

McCarl even challenges us to manage rhythm and emphasis by thinking “in breath units”—and he offers an exercise for learning this technique.^[17] He also reminds us that punctuation and sentence length can impact rhythm and emphasis.^[18] By doing so, he sends an important broader message: The line between mechanics and substance is blurry and, at times, illusory.

Those considering Elegant Legal Writing for a course text will find much to recommend it. McCarl explores the writing process with a fresh, expert voice—and a welcome splash of attitude—that students will relate to. The word shitty even makes an appearance: “Write ‘shitty first drafts’ without backtracking.”^[19] F’ing brilliant. And the book’s clarity, practical advice (down to the keyboard shortcuts), examples, and tone will connect with students. Indeed, the book persuades and convinces even as it teaches how to be persuasive and convincing.

As for bibliographical structure, the book’s use of back-matter chapter notes—buttressed by a section recommending relevant sources—allows the main text to flow freely. If I were to quibble, I’d admit to some surprise at finding no reference to Joseph Kimble for the chapter on plain language.

Elegant Legal Writing’s sound advice, clarity, and careful organization are evident throughout. Its instruction and tone are unhesitant. You’ll sense immediately that its contents were born of McCarl’s curiosity, investment, and experience. I won’t close with a lazy declaration that the book is elegant, but I’m sorely tempted to.