Every generation of senior lawyers complains that junior lawyers can’t write. But becoming a lawyer takes years of post-secondary education and apprenticeship, so it’s not reasonable to interpret this complaint to mean young lawyers are illiterate. So what’s the source of this perennial complaint and how can we address it?

Introduction to the New(ish) Technology Competence

Technology competence is not new, but in the age of generative artificial intelligence (GenAI), it applies in new, more complex ways. Under ABA Model Rule 1.1 and its Comment 8, competent representation includes understanding the benefits and risks associated with relevant technology. When it issued ABA Formal Opinion 512, the ABA reaffirmed that the duty of technology competence applies to GenAI, along with all other ethical duties, including:

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Since generative AI can produce polished text in seconds, it’s tempting to ask: Why write at all? If the end result, like a report, an email, a memo, or a presentation, looks the same whether written by a human or GenAI, why not just let the technology do the work? Because writing isn’t just about producing text. Writing is thinking.

Using Generative AI to Discover What You Don’t Want

Writers often discuss the zero draft—a rough document where they begin shaping their ideas. Anne Lamott calls it the “shitty first draft.” But what if getting to that point feels impossible? Before reaching the zero draft, writers can try something new: the negative draft.

Legal writing often feels formulaic. It follows established patterns and uses predictable structures. But those formulas exist for good reason. Predictable structures help legal readers—judges, lawyers, clerks, and other professionals—quickly understand the argument, locate key facts, and process information. Legal readers rely on them for cognitive shortcuts to handle their caseloads.

To write effectively, you must know your message before you start. Planning your pitch is the first step to writing for your audience. Everything before this stage serves you, not the reader.

Writing isn’t a linear process with a specific set of tools that a writer must use to succeed. It’s more like the messy, disjointed process of putting together a puzzle, where you don’t find the missing pieces until the end. Only after it has taken shape do you see it more clearly. But just because the act of writing is non-linear, doesn’t mean that the process has to be unstructured.

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Regardless of practice area, document creation consumes a significant portion of every lawyer’s time. According to Thomson Reuters, up to 60% of lawyer time is spent on writing, editing, and proofreading. Even after the first draft is complete, editing and proofreading can drag on for hours—and sometimes errors still slip through the cracks.