Writing principles and document types - Adapting tone, regis...

Learning Outcomes

This article covers adapting tone, register, and document format to different audiences in SQE2 legal writing, including:

• Audience analysis to calibrate knowledge level, goals, constraints, and accessibility needs
• Selecting suitable tone and register for lay clients, legal professionals, courts, and opponents
• Choosing the correct structure for advice letters, memos, emails, reports, and submissions
• Applying plain English techniques to improve clarity while using legal terminology appropriately
• Managing ambiguity and risk areas (dates/times, and/or, pronouns, passive voice, hedging)
• Writing concise, action‑orientated advice with clear next steps, timelines, and caveats
• Professional email practice and etiquette, including subject lines, calls‑to‑action, and thread management
• Inclusive language and respectful forms of address, with correct salutations and closures
• Aligning written work with SQE2 assessment requirements across common communication tasks
• Practical drafting habits: logical ordering, signposting, headings, and consistent terminology
• Structuring options with pros/cons, costs, risks, and clear recommendations
• Using authority and legal terminology appropriately for professional audiences while remaining clear
• Setting precise deadlines and avoiding vague expressions that create uncertainty
• Appropriate use of disclaimers such as “without prejudice” and “subject to contract” in correspondence

SQE2 Syllabus

For SQE2, you are required to understand how to produce clear, professional legal documents by adapting tone, register, and structure to the audience and assessment scenario, with a focus on the following syllabus points:

• producing different types of legal documents and written communications, including advice letters and reports
• selecting suitable tone and register for the specific audience (e.g., client, court, other professionals)
• identifying the type and format of document required by a scenario
• analysing the needs of different recipients
• using clear, modern, and professional English according to the audience and document demands
• recognising the required format for different legal documents in the assessment context
• writing effectively for both lay clients and skilled professionals
• adjusting vocabulary, style, length, and structure for each document type

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

1. In which circumstances is it appropriate to use technical legal language when advising a client in writing?

2. What does "register" mean in legal writing?

3. Which elements should always appear in a formal legal letter to a client?

4. True or false: The same level of detail and style is used when writing to a judge as when writing to a client.

Introduction

Legal writing for SQE2 requires you to produce a range of documents, each with its own expected structure, level of formality, and type of language. You must select the correct tone (the attitude you convey) and register (the formality and technicality) for the audience and purpose. Examiners will expect you to recognise not just what to write, but also how to write it for maximum clarity and professionalism. This section explains the core principles and common pitfalls. It also links those principles to practical drafting habits: ordering information logically, using short, active sentences, avoiding ambiguity (for example with dates and conjunctions), and signposting the reader with meaningful headings and clear next steps.

What Is Tone and Register?

Tone is the attitude and voice in your writing—whether formal, friendly, neutral, or assertive. Register is the degree of formality and the use of technical or plain language as appropriate for the recipient.

Key Term: tone
The attitude or feeling conveyed in written language, such as formal, neutral, friendly, or assertive, depending on the document’s purpose and the needs of the audience.

Key Term: register
The level of formality and technicality in language, which varies between plain language for lay clients and specialised vocabulary or formality for legal professionals or courts.

Key Term: plain English
Clear, straightforward language that avoids unnecessary technical terms and ensures the message can be easily understood by the recipient.

Tone and register should be calibrated to audience and purpose. A client advice letter should reassure, explain and guide. An internal memo can be concise, neutral and analytical. A letter to the court must be strictly formal and precise. A message to an opponent must be polite and professional—even when firm or critical—so that it would withstand later scrutiny.

Key Term: audience analysis
A systematic consideration of who will read the document, their knowledge level, objectives, constraints, and what they need to do with the information.

Who is the Audience?

Before writing, always identify who will read the document. Common SQE2 audiences include:

• lay clients (not legally trained);
• legal professionals (including solicitors, barristers, or judges);
• third parties, such as opposing solicitors or organisations.

Take a few seconds to analyse:

• knowledge level: legal background, familiarity with the topic, and language proficiency;
• goals and concerns: what the reader needs to decide or do;
• constraints: time, cost sensitivity, risk appetite, cultural and accessibility needs.

Include inclusive language and appropriate forms of address. Where a courtesy title is used and the recipient’s preference is not known, consider Ms for women and where appropriate the gender‑neutral Mx. Gender‑neutral pronouns they/them are acceptable in modern professional English. Avoid language that stereotypes or excludes. Focus on respectful, plain and precise terms throughout.

Choosing the Right Format

Each document type has an expected structure:

• Advice letters to clients: clear headings, plain language, purpose and scope, analysis, options with risks/costs, recommended next steps, timelines, and how to contact you.
• Formal submissions or reports: professional and direct, often with section numbering, summaries of issues, and structured argument; cite authority where appropriate.
• Emails: concise and purposeful, with explicit subject lines and a summary upfront. Use a professional salutation, set out the call‑to‑action clearly, and keep threads so recipients have the context.
• Memos/attendance notes: internal, factual and brief; record who, when, purpose, key points, decisions, action items, and timescales.

Practical points:

• subject lines should be clear and accurate (e.g., “Smith v Jones: draft order for your approval by 4pm Wed”);
• if urgent, surface the deadline early, and state exactly what you need (e.g., “Please approve paragraphs 2–4 only”);
• avoid large attachments without warning; confirm secure transfer if sensitive;
• consider data protection when addressing multiple recipients—use Bcc if consent to share addresses is not clear.

Adjusting Language for the Audience

Plain English should be your default—avoid legalese and jargon unless the audience is legally trained. Techniques that improve clarity include:

• prefer short sentences (averaging around 20 words) and one idea per sentence;
• write in subject‑verb‑object order and favour the active voice (“The tenant must pay the rent monthly” rather than “Rent is payable monthly”);
• replace abstract nouns with verbs or adjectives (“if the regulator objects…” not “if the regulator raises an objection…”);
• use consistent terms (do not switch between “vendor/seller” or “claimant/plaintiff”);
• avoid “and/or”—specify whether you mean both, either, or any combination (e.g., “any or all of X, Y and Z”);
• eliminate padding and archaic words (therefore, hereinafter, aforesaid) unless legally necessary.

For lay clients:

• explain technical terms briefly where unavoidable;
• use examples and short paragraphs with informative headings;
• give a balanced view of options, costs, timelines and risks, then a clear recommendation.

For legal professionals or courts:

• use established legal terminology appropriately (but still aim for clarity);
• structure argument logically with authority cited where needed;
• be precise on outcomes sought and the procedural basis for any request.

Level of Detail

Write according to what the reader needs to know to decide and act. For client advice, include:

• the issue and scope of your advice (what is and is not covered);
• the legal position in plain terms, linked to the client’s facts (not a generic lecture);
• options with pros/cons, costs, and practical consequences;
• your recommendation with reasons;
• next steps, who does what, and by when.

Avoid overloading with history or unnecessary background. However, do not omit essential advice on risks, costs exposure, limitation or time‑critical steps. Where assumptions are made or information is missing, say so and explain the impact.

Correct Use of Salutations and Closures

• For formal letters: “Dear Sir or Madam” / “Yours faithfully” if recipient’s name is unknown; “Dear Ms Smith” / “Yours sincerely” if known.
• For emails: use “Dear [Name]” or “Hello [Name]” as appropriate to the relationship, and a polite close (e.g., “Kind regards”).
• Be consistent in naming people, titles and roles. Check spellings, pronouns, addresses and job titles carefully.

Maintain professionalism with opponents. Avoid emotive or hostile phrasing; keep correspondence neutral and focused on issues. Assume anything you write could be read in court later.

Using the Correct Document Structure

Always include:

• heading/subject and the purpose of writing;
• a brief summary upfront if the document is long or the reader is likely to skim;
• an organised main body, using informative headings and short paragraphs;
• a conclusion with a summary, clear actions, deadlines and contact method.

Structure aids:

• use meaningful headings rather than generic “Introduction” (e.g., “Summary and recommendation” or “Option 2: settle with confidentiality clause”);
• in long documents, number sections for easy cross‑reference;
• keep plenty of white space and use tabulation to avoid long, dense sentences where you must list conditions or options.

When writing dates and times, avoid ambiguity: specify “on or before 3 December 2026” rather than “by 3 December 2026”; if setting a deadline on the last day, use “23:59 (UK time)” rather than “midnight,” and consider time zones if parties are international.

Worked Example 1.1

You are asked to draft a letter of advice to a private client explaining the risks of a particular property investment.

How should you structure your letter and select your tone/register?

Answer:
Use clear headings for each key issue or risk. Write in plain English, avoiding legal jargon or explaining it where necessary. The tone should be formal but friendly and reassuring, recognising that the client requires practical advice, not legal argument. Close with a summary of next steps and an invitation to ask questions.

Worked Example 1.2

You are writing an internal memo to another solicitor about the possible defences in a breach of contract claim.

Which register and structure should you use?

Answer:
Use a professional but direct and concise register, with appropriate legal terms. The tone is neutral and factual. Use bullet points or numbered paragraphs for clarity, and include all key legal issues. The memo does not require extended explanations of basic terms.

Worked Example 1.3

You must email an in‑house counsel at a client company summarising litigation options and asking for instructions by the end of the week.

How do you adjust tone, register and format?

Answer:
Use a professional, concise tone. Put a clear subject line and an upfront summary (“We recommend mediation now; please approve proposed terms by 4pm Friday”). Use short paragraphs with informative subheadings (e.g., “Costs/risk,” “Proposed next steps”). Include the call‑to‑action early, set deadlines, and confirm any assumptions. Avoid unnecessary citation; link to any attachments with a one‑line description of what counsel needs to review.

Worked Example 1.4

You need to write to the opposing firm to set out your client’s position and make a settlement offer.

What tone and register are appropriate and how should the letter be framed?

Answer:
Keep a neutral, courteous tone while being firm. State the purpose clearly, outline the factual and legal points succinctly, and present the offer with any conditions. Avoid emotive or disparaging language. If appropriate, mark the letter “without prejudice” and, if negotiation is contemplated, “subject to contract.” Structure the offer and time for acceptance clearly, and avoid ambiguity in terms (e.g., specify if costs are included).

Revision Tip

Tailor every document to its intended reader. If you are not sure, default to clarity and professionalism—avoid unnecessary Latin phrases, legalese, or emotional statements, especially in client advice.

Exam Warning

SQE2 will often test your ability to communicate complex legal information to lay clients. Marks are lost for unexplained legal terms, over-formal or unnecessarily technical style, or failing to provide a clear structure. Always check the scenario for document requirements and tone.

Additional Techniques for Clarity and Precision

Clarity is a function of structure and sentence‑level choices.

• Use short, active sentences and put the key point first in a paragraph.
• Replace abstractions with actions: “terminate” rather than “effect a termination.”
• Avoid the passive voice unless you deliberately need detachment or the actor is irrelevant.
• Be consistent with defined terms and avoid switching synonyms within the same document.
• Use tabulated lists where a sentence would become unwieldy, ensuring each item is grammatically parallel.
• Check conjunctions. “And” can imply cumulative duties; “or” can imply alternatives. If you mean “any or all,” say so.

Risk areas to watch:

• ambiguous dates and times (“by close of business” is unclear—specify the time and time zone);
• “and/or” constructions (replace with precise alternatives);
• pronoun ambiguity (repeat the noun or restructure if needed);
• over‑hedging (“it may be that…”) or unwarranted certainty (avoid promising outcomes).

Writing for Common Document Types

Advice letters to lay clients:

• Begin with a short “Summary and recommendation.”
• Explain the issue, scope of advice and assumptions.
• Provide options with pros/cons, costs and timeline.
• Make a recommendation with reasons and set out next steps with deadlines.
• Use plain English and define any necessary technical terms.

Internal memos:

• State the question(s) you are answering.
• Summarise your conclusion at the top.
• Use headings (Facts, Issues, Analysis, Conclusion/Next steps).
• Use appropriate legal terminology and cite authority where necessary for internal review.

Emails:

• Write an accurate subject line and state the ask early.
• Keep to essential points with links to documents rather than long text in the body.
• Keep the thread for context; confirm any oral instructions or decisions in writing.

Letters to opponents or organisations:

• Maintain a courteous, neutral tone and focus on outcomes.
• Use disclaimers appropriately (“without prejudice” for settlement communications; “subject to contract” where no binding agreement is intended).
• Make offers clear, including whether costs, interest, confidentiality or other terms are included.

Professionalism, Ethics and Risk

• Use inclusive, respectful language and correct forms of address.
• Take care with confidentiality and data protection when emailing or copying multiple parties; consider using Bcc and avoid unnecessary personal data.
• Assume every document may later be read by a court or regulator—write accordingly.
• For urgent or time‑sensitive steps, specify deadlines and record follow‑ups.
• If evidence or instructions are incomplete, flag assumptions and the need for further information.

Summary

Key Point Checklist

This article has covered the following key knowledge points:

• How to calibrate tone and register to different audiences and purposes.
• Audience analysis: knowledge level, goals, constraints, and the action required.
• Core structures for advice letters, memos, emails and letters to opponents.
• Plain English techniques: short, active sentences, consistent terms, and avoiding ambiguity.
• Risk‑areas to avoid: “and/or,” vague deadlines, passives that hide the actor, and emotive language in contentious correspondence.
• How to present options, costs, risks and next steps clearly for lay clients.
• Professional email practice: informative subject lines, upfront calls‑to‑action, thread context, and data protection considerations.
• Appropriate use of “without prejudice” and “subject to contract” labelling in settlement correspondence.

Key Terms and Concepts

• tone
• register
• plain English
• audience analysis