But when lawyers write, they do so without thinking about who and why. They put their fingers to the keyboard or they pick up a dictaphone, and a-way they go. Usually the lawyer’s ‘work voice’ kicks in and takes over.¹¹

Perceived image accounts for the lawyer’s work voice kicking in- sounding like a lawyer can make them feel like a lawyer.¹² Being humorous is not part of this image. And it’s easier to use old styles than invent new ones, especially when time is short and it seems safer to stick to the old than risk adopting the new.¹³

CREATIVE WRITING

Lawyers are creative

Creativity can help lawyers sound and feel less like lawyers. Although creativity is usually absent from their legal writing, it’s not necessarily missing from their personalities:

Lawyers aren’t always perceived as being creative people, yet I have met many who are. They play musical instruments, they dance, paint, write, sing or act. Many are brilliant after-dinner speakers. Perhaps there is some creative energy inside them that is dying to escape? If so, why not let it out?¹⁴

Stephen King has written best selling novels on crime, mystery and the occult. These themes are far removed from legal discourse. But his book on the art of writing has much to offer legal writers. In fact it was favourably reviewed in the NSW Law Society Journal.¹⁵ His message that ‘good writing is often about letting go of fear and affectation’¹⁶ is timely for lawyers.

Writing creatively will help lawyers get into the minds, interests and backgrounds of their readers. And creativity can make legal communication interesting and lively:

We need a modern Denning with great experience and skills of communication, to rise above the chorus of publicised opprobrium. And to explain that the element of creativity properly harnessed and well directed, is not a weakness in the common law system. It is a mighty strength.¹⁷

'Queens Park'

I don’t profess to be a modern Denning but I have dabbled in creative writing - treading the waters softly and just getting my toes wet at first. After years of legal writing they are muddy waters. The veneer of legal formality is hard to break. But it was a writers’ pitching competition that converted me to plain English. The publicity for Sydney Writers Week announced a pitching competition, asking for outlines of stories suitable for publication as novels, movies or plays. I came up with a story called ‘Queens Park’ and made the finals. (Attachment ‘C’)