How to Write a First-Class Law Essay: Mastering the FIRAC Model

Law essays can be challenging, but they contribute significantly to the mastery of legal principles and enhancing a student’s legal research skills. A first-class law essay does not only demonstrate a thorough understanding of legal principles, but is also clearly structured and incredibly well-written. In this article, we will guide you on how to write a first-class law essay, delve into the FIRAC model of legal writing, and address frequently asked questions on law essay writing.

Below is an outline of the points that will be discussed in detail throughout the article:

Understanding the Essay Question and Planning

Comprehensive legal research, writing techniques for a first-class law essay, common faqs on law essay writing.

Table of Contents

The first step in writing a top-notch law essay is to understand the essay question and planning your response. You should take care to read and analyze the question provided, identifying the main issues, required legal areas, and the keywords that will guide your research. Create a rough essay plan, outlining the main arguments and research resources necessary to address the topic.

Thorough researched is necessary in order to write a first-class law essay.This involves examining relevant cases, statutes, academic articles, and other authoritative sources. It is crucial to:

  • Build a strong foundation of understanding for the specific legal topics involved
  • Identify any contrary viewpoints and conflicting interpretations of the law
  • Familiarize yourself with critical legal developments that may affect your essay’s arguments

It is essential to keep track of your sources and their essential details, as you will need to reference them accurately in your essay.

Structuring a Law Essay: The FIRAC Model

The FIRAC model is a universally recognized method of organizing and presenting legal arguments in writing. It consists of:

Start by providing a concise and relevant summary of the facts and background of the issue beingaddressed. Be objective and neutral in your presentation, ensuring that your readers have a clear understanding of the context.

Clearly identify the specific legal issues that arise from the facts. This may involve direct questions or problems that need to be resolved by referring to legal authorities, such as legislation, case law, or academic commentary.

Set out the relevant legal rules, principles, and precedents that apply to the issues in question. Present a clear and comprehensive explanation of the legal authorities and how they apply to the facts.

d. Analysis:

In this section, critically analyze and weigh the various arguments and approaches concerning the legal issues at hand. Provide a detailed evaluation of the relevant legal authorities,discussing their strengths and weaknesses, and highlighting any ambiguities, disagreements, or gaps in the law that are relevant to the issues being addressed.

e. Conclusion:

Wrap up your essay by summarizing the main points, integrating your key findings and the implications of your analysis. Be sure to address the initial essay question and provide a clear answer or position based on your research and discussion. Finally, offer any recommendations or propose potential legal reforms if appropriate.

To ensure that your law essay stands out as first-class, it is essential to embrace effective writing techniques, such as:

  • Clarity and precision: Use clear, concise language and avoid unnecessary jargon or verbosity. 2.Coherent organization: Organize your essay logically, ensuring that each section flows smoothly into the next.
  • Strong argumentation: Build well-reasoned arguments supported by solid evidence, authoritative sources, and persuasive analysis.
  • Critical thinking: Question assumptions, explore alternative viewpoints, and engage in thoughtful reflection and analysis.
  • Proper citation and referencing: Adhere to a consistent citation style and accurately credit all sources used in your essay.
  • Proofreading and editing: Always proofread and edit your essay meticulously, eliminating grammatical errors, spelling mistakes, and awkward phrasing.

Here are answers to some frequently asked questions about law essay writing:

How long should my law essay be?

The length of your law essay may vary, depending on the specific requirements and guidelines given by your instructor or institution. Typically, law essays range from 1,500 to 3,000 words, but it is crucial to adhere to the specified word count in your assignment.

How do I choose a citation style for my law essay?

Consult your assignment guidelines or ask your instructor for the preferred citation style used in legal writing at your institution, such as the Bluebook, Oxford Standard, or AGLC. Always use one citation style consistently throughout your essay.

Is it acceptable to use non-legal references in my essay?

While law essays primarily rely on legal authorities, it may be appropriate toinclude non-legal references, such as scholarly articles, reports, or empirical studies, to support your arguments or provide additional context. Always check with your instructor or assignment guidelines if you are unsure about using specific non-legal sources.

Can I use headings and subheadings in my law essay?

Headings and subheadings help organize your essay and guide your readers through your arguments. They are generally acceptable in law essays unless prohibited by your institution’s guidelines or your instructor’s preferences. Be sure to use a consistent formatting style for all headings and subheadings.

How can I avoid plagiarism in my law essay?

To avoid plagiarism, always accurately cite and reference any sources you use in your essay,whether they are direct quotes, paraphrased ideas, or summarized information. Also, ensure that your essay is primarily composed of your own original analysis and ideas, rather than relying too heavily on other sources. Make use of plagiarism-checking tools to identify potential areas of concern and correct them prior to submission.

By adhering to these guidelines and employing effective writing techniques, you can enhance the quality of your law essay and increase the likelihood of earning a first-class grade. Always remain diligent, focused, and committed to delivering thorough and engaging legal analysis throughout your academic writing endeavors.

Common Mistakes to Avoid in Law Essays

In addition to following the guidelines and writing techniques, it’s important to avoid common mistakes when writing your law essay:

  • Irrelevant or excessive detail : Stay focused on the essay question and avoid providing unnecessary or excessive details that don’t contribute to your central argument.
  • Lack of structure: Ensure that your essay is logically organized, with clearly defined sections and a coherent flow from one section to another.
  • Misunderstanding the question: Read the essay prompt carefully, and make sure you clearly understand what is being asked before drafting your response. Seek clarification if needed.
  • Unsupported claims or arguments: Back up your claims with solid evidence and credible sources. Avoid makingassertions without sufficient justification or analysis.
  • Overly complex language or jargon: Write in a clear and concise manner, using language that is accessible to your readers. Be mindful of using overly technical terms or legal jargon without explanation.
  • Plagiarism: Always provide proper citation and referencing for all sources used. Take the necessary steps to ensure your work is original and does not plagiarize from other sources.
  • Inadequate proofreading: Thoroughly proofread and edit your essay to correct grammatical errors, spelling mistakes, and clumsy phrasing. Additionally, make sure your citations and references are accurate and formatted correctly.

By avoiding these common mistakes and adhering to the aforementioned guidelines andwriting techniques, you will significantly improve the quality of your law essay and increase your chances of achieving a high grade. Remember that practice makes perfect, and continually refining your skills in legal writing and analysis will contribute to your overall success in your academic and professional pursuits. So, stay committed, diligent, and focused on producing well-reasoned and coherent essays that demonstrate your understanding and mastery of legal principles and concepts. 

Happy writing!

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How to Write a First-Class Law Essay

Studying law at university entails lots of essay writing. This article takes you through the key steps to writing a top law essay.

Writing a law essay can be a challenging task. As a law student, you’ll be expected to analyse complex legal issues and apply legal principles to real-world scenarios. At the same time, you’ll need to be able to communicate your ideas clearly and persuasively. In this article, we’ll cover some top tips to guide you through the process of planning, researching, structuring and writing a first-class law essay with confidence. 

1. Start In Advance

Give yourself plenty of time to plan, research and write your law essay. Always aim to start your law essay as soon as you have the question. Leaving it until the last minute does not only create unnecessary stress, but it also leaves you insufficient time to write, reference and perfect your work.

2. Understand The Question

Do not begin until you fully comprehend the question. Take the time to read the question carefully and make sure that you understand what it’s asking you to do. Highlight key terms and annotate the question with definitions of key concepts and any questions that you have have. Think about how the question links back to what you’ve learned during your lectures or through your readings.

3. Conduct Thorough Research

Conducting thorough research around your topic is one of the most fundamental parts of the essay writing process. You should aim to use a range of relevant sources, such as cases, academic articles, books and any other legal materials. Ensure that the information you collect is taken from relevant, reliable and up to date sources. Use primary over secondary material as much as possible.

Avoid using outdated laws and obscure blog posts as sources of information. Always aim to choose authoritative sources from experts within the field, such as academics, politicians, lawyers and judges. Using high-quality and authoritative sources and demonstrating profound and critical insight into your topic are what will earn you top marks.

4. Write A Detailed Plan

Once you’ve done your research, it’s time to plan your essay. When writing your plan, you’ll need to create an outline that clearly identifies the main points that you wish to make throughout your article. Try to write down what you wish to achieve in each paragraph, what concepts you want to discuss and arguments you want to make.

Your outline should be organised in a clear, coherent and logical manner to ensure that the person grading your essay can follow your line of thought and arguments easily.  You may also wish to include headings and subheadings to structure your essay effectively This makes it easier when it comes to writing the essay as starting without a plan can get messy. The essay must answer the question and nothing but the question so ensure all of your points relate to it.

Start Writing Like A Lawyer

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5. Write A Compelling Introduction

A great introduction should, firstly, outline the research topic.  The introduction is one of the most crucial parts of the law essay as it sets the tone for the rest of the paper. It should capture the readers attention and provide the background context on the topic. Most importantly, it should state the thesis of your essay.

When writing your introduction, avoid simply repeating the given question. Secondly, create a road map for the reader, letting them know how the essay will approach the question. Your introduction must be concise. The main body of the essay is where you will go into detail.

6. Include A Strong Thesis Statement

Your thesis should clearly set out the argument you are going to be making throughout your essay and should normally go in the introduction. Your thesis should adopt a clear stance rather than being overly general or wishy-washy. To obtain the best grades, you’ll need to show a unique perspective based upon a critical analysis of the topic rather than adopting the most obvious point of view.

Once you’ve conducted your research and had a chance to reflect on your topic, ask yourself whether you can prove your argument within the given word count or whether you would need to adopt a more modest position for your paper. Always have a clear idea of what your thesis statement is before you begin writing the content of your essay. 

7. Present the Counter-argument

To demonstrate your deeper understanding of the topic, it’s important to show your ability to consider the counter-arguments and address them in a careful and reasoned manner. When presenting your counterarguments, aim to depict them in the best possible light, aiming to be fair and reasonable before moving on to your rebuttal. To ensure that your essay is convincing, you will need to have a strong rebuttal that explains why your argument is stronger and more persuasive. This will demonstrate your capacity for critical analysis, showing the reader that you have carefully considered differing perspectives before coming to a well-supported conclusion.

8. End With A Strong Conclusion

Your conclusion is your opportunity to summarise the key points made throughout your essay and to restate the thesis statement in a clear and concise manner.  Avoid simply repeating what has already been mentioned in the body of the essay. For top grades, you should use the conclusion as an opportunity to provide critical reflection and analysis on the topic. You may also wish to share any further insights or recommendations into alternative avenues to consider or implications for further research that could add value to the topic. 

9. Review The Content Of Your Essay

Make sure you factor in time to edit the content of your essay.  Once you’ve finished your first draft, come back to it the next day. Re-read your essay with a critical perspective. Do your arguments make sense? Do your paragraphs flow in a logical manner? You may also consider asking someone to read your paper and give you critical feedback. They may be able to add another perspective you haven’t considered or suggest another research paper that could add value to your essay. 

10. Proofread For Grammatical Mistakes

Once you’re happy with the content of your essay, the last step is to thoroughly proofread your essay for any grammatical errors. Ensure that you take time to ensure that there are no grammar, spelling or punctuation errors as these can be one of the easiest ways to lose marks. You can ask anyone to proofread your paper, as they would not necessarily need to have a legal background – just strong grammar and spelling skills! 

11. Check Submission Guidelines

Before submitting, ensure that your paper conforms with the style, referencing and presentation guidelines set out by your university. This includes the correct font, font size and line spacing as well as elements such as page numbers, table of content etc. Referencing is also incredibly important as you’ll need to make sure that you are following the correct referencing system chosen by your university. Check your university’s guidelines about what the word count is and whether you need to include your student identification number in your essay as well. Be thorough and don’t lose marks for minor reasons!

12. Use Legal Terms Accurately

Always make sure that you are using legal terms accurately throughout your essay. Check an authoritative resource if you are unsure of any definitions. While being sophisticated is great, legal jargon if not used correctly or appropriately can weaken your essay. Aim to be concise and to stick to the point. Don’t use ten words when only two will do.

12. Create a Vocabulary Bank

One recurring piece of advice from seasoned law students is to take note of phrases from books and articles, key definitions or concepts and even quotes from your professors. When it comes to writing your law essay, you will have a whole range of ideas and vocabulary that will help you to develop your understanding and thoughts on a given topic. This will make writing your law essay even easier!

13. Finally, Take Care of Yourself

Last but certainly not least, looking after your health can improve your attitude towards writing your law essay your coursework in general. Sleep, eat, drink and exercise appropriately. Take regular breaks and try not to stress. Do not forget to enjoy writing the essay!

Words by Karen Fulton

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  • Writing a Student Note
  • Writing Process

The Writing Process

Typical outline of a note.

  • Introduction : The Introduction should include a description of the problem, a thesis statement, and a roadmap of the argument to follow.
  • Part I : This section should be used to set forth the background information on which the later analysis in your Note will depend. It should be a general and broad review of the important issues relevant to your topic that educates your readers about everything they must know in order to understand your Note. When writing this section, be sure to use language that a reader who is not familiar with your Note topic can easily understand.
  • Part II : This section should examine the major cases and statutes that your Note will be analyzing. It will contain the main portion of your analysis of how the law stands. For example, if your topic focuses on a circuit split, Part II is where you would explain the conflicting holdings and rationales. You may also choose to discuss what other commentators have said about your topic and these cases.
  • Part III : This section is where you will contribute your own analysis of and views on the topic. You will say why you feel the cases/commentary you analyzed are wrong and what should be done instead. In the case of a circuit split, say which side is better and why. Part III is where you should place your original thoughts and contributions, along with the conclusion of your Note.
  • Conclusion : The Conclusion should briefly restate what you have already said. You should not focus too much on this section when preparing this Prospectus.

Tips on Legal Writing—Patrick Garlinger ’09

While some may have a greater facility for language than others, there is nothing natural about good writing. It comes from practice—and from rewriting.

Advice on writing is easily dispensed but difficult to follow. This is largely because writing requires enormous discipline. The following are six basic principles that provide a structure for the writing process. They are not specific to academic writing or to legal writing in particular but may be especially helpful in a law school environment where time to write is a precious commodity. Over the years these guidelines have given me the discipline to start and finish, among other academic texts, a student Note.

Writing is like a muscle: Exercise it regularly.

For most students, the Note is the first experience with publishable academic writing. In college, all-nighters might produce passable term papers, but that approach certainly won’t do here. Nor will exam writing really prepare you for legal academic writing. Instead, good academic writing requires regular practice. Law school does little to assist here, since all too often the periods for working on one’s Note are isolated and scattered due to the time constraints imposed by classes, journal work, clinics, and extra-curricular activities. You may pursue a Directed Research as a way to carve out a block of time dedicated to the note or, alternately, write your note to fulfill the writing requirement of a seminar. Winter break is also a great time to make substantial progress on a first draft. Either way, you should try to work steadily on the Note so as to avoid losing momentum and focus.

Good writing does not come naturally: Read good writers.

While some may have a greater facility for language than others, there is nothing natural about good writing. It comes from practice—and from rewriting. To practice without models of good writing is, however, pointless. You must read other legal writers carefully, for both their analysis and their style. As a starting point, find a few sources that inspire your intellectual juices and, over time, keep adding to the list. Read and analyze how those writers introduce their topic and communicate their thesis. Look carefully at the architecture of their argument, their lexicon and sentence structure. In short, read them as both legal scholars and writers. Emulate (but do not copy, of course). Additionally, you may benefit from style guides that provide specific guidelines for legal writing (e.g., Bryan Garner’s Legal Writing in Plain English ). Avoid legalese. A student note should not read like a law school exam or a brief.

Know your thesis: Say it in a single sentence.

One of the most difficult tasks facing a student writer is finding a topic and narrowing the thesis. The student Note is rather short—and because you need to provide background information for your generalist readers, there is little room for sweeping analysis. As such, you should target a very discrete issue. Yet, in my experience, articulating, not finding, the topic is the most difficult task facing a student writer.

You should be able to state your thesis in one or two sentences at most. Anything longer suggests that the topic too unwieldy for a student note or, more probably, that the writer still has not fully understood the nature of the project. Pith not protraction should be your goal. If you can state your thesis in a single sentence, that clarity and concision will guide you throughout the rest of the writing process, helping to avoid unfortunate meanderings or excess material that is not essential to the argument. Simply put, if you cannot summarize your note in one or two sentences, you don’t have a thesis.

Know your writing mode: Respect your rhythm.

Everyone has a writing mode—when you are most inclined to write and how you go about composing. Some of us are “whittlers.” We write and write and write. Later, we will edit and “whittle” away the excess. We refine our ideas in the process of writing, often repeating the same thoughts in multiple guises until we hit on just the right formulation. Others are “refiners” who write just a few sentences or a paragraph and then revise and polish it to perfection before moving on. Similarly, you may have a natural rhythm when it comes to the time of day when your writing seems to flow most easily. A friend of mine prefers to write in the mornings before she has any tea or coffee, using what I call the “carrot” method of motivation.

Respect your writing style; recognizing how you work is important to maximizing it. It may prove futile to try to write against your natural rhythm. If I try to refine as I write, or if I write in the middle of the afternoon, I find myself producing very little.

Everyone suffers from writer’s block: Switch gears or put it down and rest.

Even when you know your writing mode, writing can be a difficult process; your energy comes in fits and spurts, your love for your topic waxes and wanes. When you hit a road block, change it up. Sometimes very simple changes can give you a boost. When I find myself struggling, I switch fonts, or change the spacing from single to double. Often the effect is just to defamiliarize the text, so you see it differently. If writer’s block still persists and the words elude you, take a break. Sometimes a day or two can make a difference in how the argument reads to you—the logical leaps, grammatical errors or infelicitous word choices will leap off the page.

There is a danger, though, in always caving at the first resistance to writing. Writing is hard work. It requires endurance and persistence. Force yourself to try to write for at least 10-15 minutes. A mentor was fond of saying, “Screw your a-- to the chair and don’t get up.” Like exercise, sometimes the thought of writing is more painful than the actual practice, and once you start, you find it comes more easily than anticipated.

Never fall in love with your own writing: Edit with a vengeance.

This piece of advice is owed to a former mentor who repeated it as a mantra. Whether you are a whittler, a refiner, or somewhere in between, we often fall in love with our own prose, unable to let go of a snappy sentence or an ingenious turn of phrase. Editing is the key to good writing, however, and you cannot be afraid to leave material on the cutting room floor.

Place yourself in the reader’s position and ask yourself if the sentence/paragraph/section is really essential. Because we often think we know what our words mean, we fail to realize that our readers may not find our thoughts to be so crystalline. Defamiliarize your own writing by putting the text away or it may be helpful to print out and proofread in hard copy; words will look different on the page than on the computer screen. Finally, avoid the fetish of the footnote as the last refuge for material that should be cut. It is cliché but true that less is often more.

Additional Resources

  • Writing Workshop Video : A September 2008 presentation by Vice Dean Barry Friedman, Professor Florencia Marotta-Wurgler, Patrick Garlinger, ’09, and Ilana Harmati, ’10, on student legal writing.
  • Eugene Volokh, Academic Legal Writing: Law Review Articles, Student Notes, and Seminar Papers (2003)
  • The Bluebook : the guide to legal citation to use in writing and editing legal scholarship.

© 2024 New York University School of Law. 40 Washington Sq. South, New York, NY 10012.   Tel. (212) 998-6100

Leaders in Law

Effective Tips How to Write a Law Essay

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If you are a law student, you have probably already faced the question of how to write a law essay. This is not an easy task as essay requirements often vary. In addition, you need to clearly state your position and support it with arguments.

The essay writing process requires students to:

  • the ability to select and analyze information;
  • highlight cause-and-effect relationships and arguments;
  • support each thesis with relevant examples;
  • formulate reasonable conclusions.

Students should use legal terminology for a clear and competent statement of their position. It is also necessary to master the scientific style of the language and correctly design the work. In addition, in the process of creating an essay, students get a unique chance to show their creative abilities, apply existing theoretical knowledge in practice, and express critical comments about what they have read. The essay is a degree of preparation for independent research work.

To write such an essay, a complete understanding of the phenomenon under study is important. If you do not have time for independent writing, the way out is to order an essay, for example here – mycustomessay.com/custom-law-essays.html . Writing services will gladly help students in writing diplomas, term papers, and essays to order.

The Structure of Law Essay

Like any other work, a legal essay should consist of at least 3 parts: an introduction, the main part, and conclusions.

  • Introduction

Define the problem and formulate the topic of the essay. Be concise. A well-written introduction encourages the reader to be interested and read the entire work. The introduction can contain a statement of the problem and its essence, a rhetorical question, a quote, etc. In the introduction, it is very important to formulate a special emotional mood and bring the reader to the problem under consideration.

In the main part, it is expedient to present different points of view on a certain problem, to turn to the history of its research. The main body most often consists of several subsections, each of which contains three components: thesis (judgment that is proved), justification (arguments used to prove the thesis), and sub-conclusions (partial answer to the main question).

The argument can be built in the following sequence:

  • explanation;
  • final judgment;
  • conclusions

Arguments are judgments that are expressed so that the reader is convinced of the truth of a certain point of view. In particular, arguments can be various life situations, opinions of scientists, certain facts, statistical estimates, evidence, etc.

The conclusions combine all the conclusions that were made on each thesis presented in the main part. The reader must reach a logical conclusion based on the arguments presented in the work. Quite often, conclusions restate the problem and conclude.

The purpose of the introductory part of the essay is to interest the reader. The purpose of the conclusions is to add integrity to the overall picture, leave the essay in the reader’s memory and make him think. To build a logical essay text, you need:

  • record theses;
  • select several arguments for each thesis;
  • build theses in a logical sequence: one thought should flow from another.

Thanks to such actions, the author will have a detailed plan. It remains to write the text – and the essay will be almost ready.

You can try to write an essay yourself, following the recommendations. However, not everyone can express their thoughts about what they read in writing. And the biggest difficulty is to analyze and argue the chosen topic of the essay. So order legal essays from professional writers.

Main Advantages of Custom Coursework Writers

If you want to order a law essay, let’s consider the advantages of such a choice.

You can choose a company with highly skilled writers with fresh ideas. They will help to write high-quality essays on various topics, complying with all the requirements of teachers. If you have your ideas, you can consult with the author, and he will try to use them correctly. Therefore, the essay will be written in compliance with all the rules, without grammatical and punctuation errors.

Main advantages of custom coursework writer :

  • Cooperation with experienced authors who have knowledge and experience in various fields. This guarantees high-quality essay writing, compliance with academic standards and competent presentation of the material.
  • Such companies have an individual approach to each student. You can specify all the requirements, structure and features of the essay to get a job that fully meets your expectations and requirements.
  • The author understands the importance of meeting deadlines and strives to deliver finished essays on time. This allows students to submit assignments on time and avoid delays.
  • Writing services provide professional customer support, ready to answer questions and help with problems.
  • Your personal data and order data are confidential information that is not disclosed.
  • Each text is checked for plagiarism. Therefore, the originality and uniqueness of the essay is guaranteed to you.

Those writers are always ready to help you with  various essays and other types of tasks. Ordering a ready-to-go essay can be especially helpful for students who are working.

Writing service makes it possible to concentrate on other tasks like preparing for exams or solving personal issues, and have ready-made work of high quality on time, so it is a win-win situation.

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How to Write a Law Essay

Last Updated: August 11, 2023

This article was co-authored by Clinton M. Sandvick, JD, PhD . Clinton M. Sandvick worked as a civil litigator in California for over 7 years. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013. This article has been viewed 242,304 times.

In a college legal studies course, and in some law school courses, you may be required to write a research paper addressing a legal topic. These essays can be tricky, because the law is constantly evolving. To secure a top grade, your essay must be well-researched and coherently argued. With proper planning and research, you can write a stellar legal essay. [Note: this article does not address how to write law school essay exams or bar exam questions, which require different techniques and strategies.]

Choosing an Essay Topic

Step 1 Carefully read the assignment prompt.

  • A narrow essay prompt might read, "Discuss the evolution and impact of the exclusionary rule of evidence in the United States." A broad prompt might read, "Discuss how a civil rights movement led to changes in federal and/or state law."
  • If you are invited to choose your own topic, your professor may require you to submit a written proposal or outline to ensure that your chosen topic complies with the prompt. If you are not sure if your topic is within the parameters of the prompt, propose your topic to your professor after class or during his or her office hours.

Step 2 Read any required materials.

  • Hopefully, your course readings, lectures, and class discussions will have given you enough background knowledge to select a topic. If not, review your class notes and browse online for additional background information.
  • It is not uncommon to change your topic after doing some research. You may end up narrowing the questions your essay will answer, or changing your topic completely.

Step 4 Choose an essay topic of interest to you.

  • If you can, try to focus on an are of the law that affects you. For example, if your family is involved in agriculture, you may be interested in writing about water use regulations .

Researching Your Topic

Step 1 Identify what types of sources you are required to use.

  • If you are prohibited from citing internet resources, you can still use online research to guide you to physical primary and secondary sources in your local library or bookstore.

Step 2 Begin with tertiary sources.

  • Look at footnotes, citations, and indexes in tertiary sources. These are great for finding books, articles, and legal cases that are relevant to your topic. Also take note of the names of authors, who may have written multiple works on your topic.

Step 3 Speak to a librarian.

  • Also find search engines for related fields, such as history or political science. Ask your librarian to recommend specialized search engines tailored to other disciplines that may have contributed to your topic.

Step 5 Gather sources and read them.

  • Never cut and paste from the web into your notes or essay. This often leads to inadvertent plagiarism because students forget what is a quotation and what is paraphrasing. When gathering sources, paraphrase or add quotation marks in your outline.
  • Plagiarism is a serious offense. If you ultimately hope to be a lawyer, an accusation of plagiarism could prevent you from passing the character and fitness review.

Step 7 Look for arguments on both sides of an issue.

Drafting the Essay

Step 1 Write your thesis statement.

  • An effective introduction takes the reader out of his world and into the world of your essay. [2] X Trustworthy Source University of North Carolina Writing Center UNC's on-campus and online instructional service that provides assistance to students, faculty, and others during the writing process Go to source Explain why the subject is important and briefly summarizes the rest of your argument. After reading your introduction, your reader should know what you are going to discuss and in what order you will be discussing it.
  • Be prepared to revise your introduction later. Summarizing your essay will be easier after you have written it, especially if you deviate from your outline.

Step 4 Develop your arguments.

  • State each argument of your essay as a statement that, if true, would support your thesis statement.
  • Provide supporting information drawn from primary and secondary sources that support your argument. Remember to cite your sources.
  • Provide your own original analysis, explaining to the reader that based on the primary and secondary sources you have presented, the reader should be persuaded by your argument.

Step 5 Outline counter-arguments.

Formatting Your Essay

Step 1 Review your essay prompt.

Proofreading the Essay

Step 1 Read the essay backwards.

  • Open up a Word document. On the Quick Access Toolbar at the top, click on the down arrow. The words “Customize Quick Access Toolbar” will appear when you hover over the arrow for two seconds.
  • Click on the arrow. Then click on “More Commands.”
  • In the “Choose commands from” drop-down box, choose “All commands.”
  • Scroll down to find “Speak.” Highlight this and then click “add.” Then click “okay.” Now the Speak function should appear on your Quick Access Toolbar.
  • Highlight the text you want read back to you, and then click on the Speak icon. The text will be read back to you.

Step 3 Search for common typographical errors.

  • Do not rely on a spell checker exclusively, as it will not catch typos like "statute" versus "statue."

Revising the Essay

Step 1 Share the essay with a classmate.

  • You can share the essay with someone outside of class, but a classmate more likely has the requisite knowledge to understand the subject matter of the essay.

Step 2 Incorporate your professor’s comments.

Expert Q&A

You might also like.

Write an Essay

  • ↑ https://owl.english.purdue.edu/engagement/2/2/53/
  • ↑ http://writingcenter.unc.edu/handouts/introductions/
  • ↑ https://www.legalbluebook.com/
  • ↑ https://support.office.com/en-ca/article/Using-the-Speak-text-to-speech-feature-459e7704-a76d-4fe2-ab48-189d6b83333c

About This Article

Clinton M. Sandvick, JD, PhD

To write a law essay, start by writing a thesis statement on your chosen topic. Phrase your thesis statement as an argument, using words like “because” or “therefore” to state your point. Write an outline of the arguments you will use to support your thesis statement, then use that outline to build the body of your paper. Include any counter-arguments, but use your evidence to convince the reader why your point of view is valid, and the counter-arguments are not. Be sure to cite all of your sources in the format preferred by your professor. For tips from our reviewer on finding the best sources for your topic, keep reading! Did this summary help you? Yes No

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Legal Writing

Guidance on scholarly writing.

  • Choosing a Scholarly Paper Topic
  • Conducting a Preemption Check
  • Evaluating Information
  • Keeping Current
  • Publishing Your Scholarly Writing
  • Avoiding Plagiarism
  • Legal Citation & the Bluebook
  • Persuasive Legal Writing
  • Transactional Legal Writing
  • Litigation Focused Writing
  • Legislative Drafting
  • Judicial Writing
  • ADR Drafting

writing legal essay

This research guide is focused on academic legal writing topics to support the students of the Sandra Day O'Connor College of Law in their academic and professional writing endeavors. It provides guidance on how to choose a scholarly paper topic, conduct a preemption check, stay current on a topic of choice, and avoid plagiarism.

In addition, the guide provides information on both print and online, as well as free and subscription, resources for scholarly legal writing, persuasive legal writing, writing for law practice (litigation and transactional), legislative drafting, and judicial writing. An emphasis is placed on materials available within the print and electronic collections of the Ross-Blakley Law Library.

The Legal Scholar's Guidebook   (Elizabeth E. Berenguer, 2020) This guide from an educator specializing in upper level legal writing discusses all stages of crafting a valuable legal article, from choosing a narrow, manageable topic to evaluating sources' credibility. It helps writers process the information already written about a topic, choose a particularly effective paradigm to present legal arguments (such as historical analysis or comparative law), and approach writing with discipline to produce a timely, quality product. Appendices present sample processes including topic selection and outlining, as well as an annotated article highlighting important considerations in the writing process.

Modern Legal Scholarship   (Christine Coughlin et al., 2020) This book breaks down the full process of scholarly writing, from drafting to publication, into understandable and manageable tasks.

Scholarly Writing: Ideas, Examples, and Execution   (Jessica Lynn Wherry & Kristen E. Murray,   2019) This book provides a blueprint for planning, writing, and polishing academic legal writing. It instructs readers on generating ideas, developing breadth and depth of knowledge in research, soliciting and incorporating feedback from reviewers, and shopping papers for publication.

Scholarly Writing For Law Students  (Elizabeth Fajans, 2017) This title teaches law students how to write scholarly papers for seminars, law reviews, and law-review competitions and how to have their work recognized. It helps novices and more experienced scholars alike to write papers with a minimum of anxiety and a maximum of creativity. Employing a process theory of writing, the text first describes the enterprise of scholarly writing and then discusses techniques for brainstorming topics and theses, researching, drafting, and revising for substance and style. 

A cademic Legal Writing   (Eugene Volokh, 2016) Designed to help law students write and publish articles, this text provides detailed instructions for every aspect of the law school writing, research, and publication process. Topics covered include law review articles and student notes, seminar term papers, how to shift from research to writing, cite-checking others' work, publishing, and publicizing written works.

Richard Delgado,  How to Write a Law Review Article , 20 Univ. San Francisco Law Review 445 (1986) Discussing the purpose of academic arguments and their varieties, as well as strategies for selecting topics, researching, selecting authorities, and writing.

Shari Motro,  The Three-Act Argument: How to Write a Law Article That Reads Like a Good Story , 64 J. Legal Educ. (2015) This article explains how the recipe for a dramatic plot—exposition, confrontation, and resolution—can liven up legal writing.

  • Next: Choosing a Scholarly Paper Topic >>
  • Last Updated: Jul 19, 2024 8:53 AM
  • URL: https://libguides.law.asu.edu/legalwriting

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  • Library Guides

Legal Method, Research and Writing

  • Academic Writing in Law
  • Legal Research Basics
  • Law Database Guides
  • Referencing in Law
  • Other Research Resources for Law

Email Ettiquette

writing legal essay

THE BASIC RULES

  • Don't use an unprofessional email address
  • Start with a new e-mail
  • Include an appropriate subject heading
  • Write a salutation
  • Write well!  
  • Provide context and background information
  • Write a clear and concise message
  • Sign your name
  • Proofread the e-mail
  • Allow adequate time for a reply
  • Writing Professional Emails More detailed advice about how to write emails to academic staff

Academic Writing and Research in Law

  • UTS Guide to Writing in Law A highly recommended helpful and comprehensive guide to writing law papers.
  • Monash University Guide to Writing in Law Law writing guide with helpful Q&A's and tips for planning out case argumentation.
  • University of Queensland Legal Research Essentials Introduction to Legal Research by The University of Queensland, Australia

Other Help:

  • Quoting, Paraphrasing, Summarising The basic differences in how to writes quotes, how to write paraphrases, and how to write summaries of the sources you find.

Basic Rules

Academic and professional legal writing requires you to develop an argument and demonstrate relationships between the ideas you are expressing. 

Therefore, the ability to express yourself clearly and accurately is important.  Here you will find information to help you improve your writing for any purpose in your law degree.

Academic writing in law is:

writing legal essay

Academic writing in law does not:   

writing legal essay

Steps to Writing a Law Essay

Throughout your law degree, you will be expected to write a range of different texts, including research essays, responses to problem questions, and case notes.

Not matter the type of text you are asked to produce for an assignment, make sure you follow these steps:

  • Plan :  read the questions carefully and think about how you will answer it
  • Research :  read, read and read! Make use of everything available to you - don't forget the library!
  • Make thorough notes : include all important (and relevant) details and quotes and take note of the source. Make sure you organise your notes so as to make the writing task easier
  • Write the first draft :  before you start writing your first draft, refer back to your initial plan and make any necessary changes now you have done your research and gathered your notes. 
  • Review and edit :  remember to proofread your work!

The IRAC Method

IRAC is an acronym that stands for: Issue, Rule, Application, and Conclusion. It functions as a methodology for legal analysis and is used as a framework for organising your answer to an essay question in law school.

[ Open All | Close All ]

In legal writing, issues are the core of the essay.

This part of the essay should:

  • Identify and state the issue
  • Name those involved (plaintiff and defendant) and briefly describe their individual issues
  • Work out what body of law may govern the resolution of the issue (e.g. Contract Law)

The rule describes which law applies to the issue. The rule should be stated as a general principle, and not a conclusion to the particular case being briefed.

  • Outline the legal principles that will be used to address to the issue
  • Source legal principles from cases and legislation

The application is the most important and longest part of your answer. It involves applying the Rule to the facts of the issue and demonstrating how those facts do or do not meet the requirements laid down by the rules. Discuss both sides of the case when possible.

  • Explain why the plaintiff's claims are or are not justified
  • Identify how the law will be used by the plaintiff and defendant to argue their case
  • Use relevant cases and legal principles to support your writing
  • Do not try to strengthen your argument by leaving out elements or facts that will hurt it

As with all essays, the conclusion is a statement that identifies your answer to the issue.

  • Identify what the result of your argument ir, or what it should be
  • State who is liable for what and to what extent
  • Consider how the plaintiff and defendant could have acted to avoid this legal issue

Useful Links:

  • UWA IRAC Guide This guide from the University of Western Australia offers examples of how the IRAC method can be applied to different cases.
  • Law School Survival: The IRAC Method A useful site that presents a detailed outline of the IRAC method as well as skeleton outlines.

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Home » Blogs, News, Advice » Career Advice » 14 Legal Essay Writing Tips [OR] How to Write and Win Law Essay Writing Competitions

14 Legal Essay Writing Tips [OR] How to Write and Win Law Essay Writing Competitions

  • Apr 7, 2014
  • No Comments

By Tanuj Kalia

A friend on Facebook asked me about this on Facebook. I gave whatever ‘general’ advice I had to offer. She liked it and hence this “Legal Essay Writing Tips” post on Lawctopus.

Pre legal essay writing tips

A lot of essay writing competitions, even those with huge prize monies, receive very very few entries .

Out of the 25-30 entries that are received in an average essay competition, half are pathetic.

The odds that a well-written, well-researched essay wins the big prize money is pretty good.

Read ‘about’ the essay competition in detail.

Do read the brochure or the website carefully even before starting to write.

Know about the organisation which is organizing the essay competition, about what they are expecting, the rules, regulations etc.

Before starting to write an essay you should ideally consult a competent faculty member, unless of course, you yourself have made a project on it.

If you can find no faculty member with that subject as her specialisation, ask her to refer you to another faculty or a senior researcher.

Discuss the subject/essay topic with him/her. This will save you a lot of time and effort.

^ This will be your Bible.

On the Essay Now

Read extensively and from various sources on the subject. Take notes.

This can easily go on for 4 days-2 weeks depending on the subject.

Based on your extensive reading, decide upon the draft topic you are going to write on.

Make a brief, draft structure/table of content s.

Now read intensively on the topic, sub-topics.

Read only from high quality, authentic sources now.

Write with a flow, without any editing. Keeping writing. Do not revise for now .

Writing is hard and you would not want to stop that.

Be precise . Make each sentence count. Make each word count.

Make sure that your essay contains an argument . That gives a strong voice to the essay.

Your arguments are backed and strengthened by the sources you cite.

Cite properly. Sources from the internet should not make all of your citations. Books are still wonderful and scholarly.

After having written and written for long, edit ruthlessly .

Edit for words, sentences, paras, chapters.

Don’t keep words just to meet the word-count.

Check again for any errors in spellings, grammar, sentence construction etc.

If a sentence sounds confusing, re-write it.

After it’s done

Get a friend or a faculty to read your essay.

It serves as an important second revision . Ask for inputs too.

Give your essay a kick-ass title .

Give your chapters/sections kick-ass sub-titles too. Make the reader want to read your essay.

Make sure the essay looks neat .

Formatting gives the essay a good packaging and makes it stand-out from the crowd.

More tips are on this Legally India write-up here .

Download some prize-winning essays from SpicyIP  here .

Buy the book called ‘Elements of Style’.

Make Chicago Manual of Style your Bible.

Get a brand new kind of individual  essay help  on ThePensters.com.

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How To Write Law Essay?

23 October, 2020

8 minutes read

Author:  Elizabeth Brown

If you are a law student, you have probably already faced the question of how to write an essay on this discipline. This is not an easy task because the requirements for a law essay often differ. In addition, you need to state your position and back it up with arguments clearly for others to understand. And to help you facilitate this process, we offer some preparation tips and tricks so that you could craft a decent work.

Law Essay

First things first, let’s discuss the legal essay scheme. It is rightly similar to the social science essay scheme. In both papers, it is necessary to explain a position on a particular issue or comment on a statement. For university law essay, especially in cases of specialties, it’s more complicated. There are several legal essay types :

  • essay on quote explanation . Like in a school essay, the task here is to reveal the meaning of the expression and give a reasoned agreement or disagreement with it.
  • essay on legal theory. The essence of this task is to describe one of the theories of law or any jurisprudence. This can be anything – for example, the theory that touches the Fifth Amendment.
  • jurisprudence essay. In this assignment, you should review a specific case study or analyze the given document. Here, it’s important to adhere to special structure: first read the case, comprehend it, and only then give a critical account of this or that piece.

3 Types of Law Essay

Law Essay Outline

The outline is one of the essential parts of law essay writing. At the point of creating it, you should jot down the structure of the main argument for each and every statement you deem appropriate for a text. This way, it’ll be much easier for you to organize the legal paper and facilitate its readability . 

For example, if you need to comment on the quotation, it’s better to start an essay with brief information about the author. Then, consider the meaning of the citation in the context of his time and compare it to current conditions, as well as note whether you agree with the statement or not. Remember – the main task is to have a solid opinion in which you’re 100% confident. If not, switch the quote.

In the essay on legal theory, state the history of the issue, highlight the advantages and disadvantages of the case you are analyzing. Try to draw a parallel with the present, to indicate how relevant it is now for contemporary law students.

While reviewing a specific legal case or document, you should not be distracted by elements irrelevant or unrelated to the subject and give descriptions of similar situations. Consistently assess the actions of subjects or conduct an in-depth analysis of the provided regulation.

Write all of the crucial points in a short plan and shorten the above information into a couple of sentences. Afterward, you’ll be ready to use the crafted outline and write a law essay according to its key points . 

Law Essay Structure

Structure of the Law Essay

1. Introduction

Like any other type of writing, law essays start with introduction. A successful lead in is the one that captures attention instantly and forces readers to become interested in the law topic. In the beginning, you’ll need to clearly and precisely formulate a thesis statement of the entire piece, which you will then reveal in the following text. A great way to elaborate mediocre introduction with engaging filling is to state a concrete problem, controversy or issue that needs to be resolved.  

2. Main part

This is the main element of the whole legal essay. It should contain an analysis of the quotation, legal theory, specific case, or document. Plus, your opinions about this or that aspect should be argued: for example, by references to other papers or practices. Another beneficial way to develop the main body of your essay is to use specific examples from law classes, including activities and important discussions , if applicable. Also, don’t forget that your law essay should always follow the thesis and develop it throughout the legal paper. This is a critical point to consider, as any departure from the established scheme will distort your work’s content.

3. Conclusion

Your finishing remarks should formulate the outcome of what was written above. A reasonable conclusion should be brief and powerful , as well as connected to the introduction. Besides, a good ending should contain a thesis of the whole law essay. However, don’t try to repeat your thesis word by word. Consider rephrasing it instead of mentioning the same statements so that the information is more easily digested for readers. Plus, you’ll need to provide a critical analysis of your work. For this, explain why your main argument backed up by primary and secondary sources is the highest point of conviction. Hence, your readers will see explicit reasoning and be more inclined to believe the truth you outlined in the paper. 

4. Bibliography

A bibliography is a mandatory part of the work, and also the last one. At the end of your essay, you should list the documents (laws and other regulations) and books that were used in preparation for the article. Works cited page will help you validate the credibility of work and show readers that all statements and opinions are proven with relevant evidence. However, it doesn’t mean that your bibliography ought to be inserted just after you’ve written the entire text. To have a better vision of what source to pick for citing, include the list of used materials before writing the final version of your law essay. Accordingly, you’ll see sources in their entirety and easily cite them whenever needed. 

The sayings of influential and famous people imbue any work with an air of authority . This is especially true for essays on law: professors appreciate it when students reinforce their considerations with the opinion of leaders and experts in their field.

Quotes for an essay on law are quite easy to find on the Internet or specialized digests.

Law essays

If you choose to close the paper with a quote, it’ll be a great hook which will keep readers impressed by the essay long after they digest it. But feel free to add meaningful sayings also in the introduction or in the middle of a paper. Either way, quotes are a tool that helps make your reading highly impactful and appreciated.  

law topics for essays

These were the top advice on how to create a distinct law paper. We hope our advice will help you prepare an interesting and informative essay for college or university studies that’ll be graded with the highest mark. Once you manage to operate on the subtle art of legal essay writing, you’ll adjust to the complexities of its realization without difficulties. If you’re in doubt questioning your writing abilities, use custom essay writer service – we will create the best law essay tailored specifically for you.

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How to Write an 800 Word Essay & How Many Pages Is It? + Examples

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An 800 word essay is a common writing assignment, often used in academic settings to assess a student’s understanding of a topic or their ability to construct a coherent and well-organized piece of writing. Writing an 800 word essay can seem daunting, but with the right approach, it can be a manageable and rewarding experience.

In this guide, how to write an 800 word essay, we’ll cover the key steps to writing an 800 word essay, including planning, research, structure, and editing. We’ll also provide examples and formatting tips to help you create a successful 800-word essay.

How to write an 800 word essay

What You'll Learn

The first step in writing an 800 word essay is to plan out your content. Begin by brainstorming your topic and organizing your thoughts into a clear outline. Determine the main points you want to cover, and plan to devote approximately 150-250 words to each section.

When planning your 800 word essay, consider the following:

  • Introduction (150-250 words) : Start with a strong, engaging opening that introduces your topic and outlines the key points you’ll be discussing.
  • Body Paragraphs (3-4 paragraphs, 150-250 words each) : Develop your main arguments or points in the body of the essay, using evidence and examples to support your ideas.
  • Conclusion (150-250 words) : Wrap up your essay by summarizing your main points and leaving the reader with a strong, thought-provoking conclusion.

Researching

Once you’ve outlined your essay, it’s time to begin researching your topic. Gather relevant sources, such as academic articles, books, and credible online resources, and take notes on the key information you want to include.

As you research, be sure to:

  • Take detailed notes : Capture the essential details, quotes, and ideas from your sources that you can use to support your arguments.
  • Evaluate your sources : Ensure that your sources are reliable, up-to-date, and relevant to your topic.
  • Keep track of your sources : Maintain a list of your sources so you can properly cite them in your essay.

Structuring

With your outline and research complete, it’s time to start writing your 800 word essay. Follow the structure you outlined, using your research to support your arguments and develop your ideas.

Remember to:

  • Start with a strong introduction : Grab the reader’s attention and clearly state your thesis or main argument.
  • Organize your body paragraphs : Each paragraph should focus on a single point or argument, with supporting evidence from your research.
  • Conclude with a memorable ending : Summarize your main points and leave the reader with a lasting impression.

Editing and Polishing

After you’ve completed your first draft, it’s time to edit and refine your essay. Review your work for any grammar, spelling, or punctuation errors, and ensure that your writing is clear, concise, and free of any unnecessary fluff.

As you edit, consider the following:

  • Tighten your writing : Look for opportunities to condense or streamline your language, without sacrificing clarity or meaning.
  • Ensure coherence : Check that your ideas flow logically from one to the next, and that your transitions are smooth and effective.
  • Verify your citations : Double-check that you’ve properly cited any sources you’ve used, following the appropriate style guide (e.g., APA, MLA, Chicago).

800 Word Essay Examples

To help you visualize what a successful 800 word essay might look like, here are a few examples:

  • Academic Essay : “The Impact of Social Media on Mental Health in Adolescents”
  • Persuasive Essay : “Why Renewable Energy is the Key to a Sustainable Future”
  • Narrative Essay : “My Journey to Becoming a Nurse: Overcoming Challenges and Finding My Calling”

Formatting an 800 Word Essay

When formatting your 800 word essay, be sure to follow any specific guidelines provided by your instructor or institution. In general, you can expect the following formatting requirements:

  • Font : Times New Roman, Arial, or a similar, easy-to-read font, size 12
  • Spacing : Double-spaced
  • Margins : 1-inch margins on all sides
  • Page numbering : Include page numbers in the header or footer
  • Citation style : Use the appropriate citation style (e.g., APA, MLA, Chicago) for any sources you’ve referenced

Related Article; How many Pages in 800 Words?

FAQs: How to Write an 800 Word Essay

How many pages is an essay of 800 words? An 800 word essay is typically 2-3 pages in length, depending on the formatting guidelines. Using standard 12-point font and 1-inch margins, an 800 word essay would be approximately 2-3 pages.

How many pages is 800 words on Word? On a standard Word document, 800 words would typically be 2-3 pages in length, depending on the font size, line spacing, and other formatting settings used.

How long would it take me to write an 800 word essay? The time it takes to write an 800 word essay can vary depending on your writing speed and the complexity of the topic. However, as a general guideline, it’s reasonable to expect that it would take 2-4 hours to research, plan, write, and edit an 800 word essay.

How to format an 800 word essay? When formatting an 800 word essay, follow these guidelines:

  • Use a standard, easy-to-read font like Times New Roman or Arial, size 12
  • Double-space the text
  • Use 1-inch margins on all sides
  • Include page numbers in the header or footer
  • Cite any sources used according to the appropriate style guide (APA, MLA, Chicago, etc.)

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Personal essay: Kim Kardashian says it’s time for the Menendez brothers to be freed

Menendez brothers.

We are all products of our experiences. They shape who we were, who we are, and who we will be. Physiologically and psychologically, time changes us, and I doubt anyone would claim to be the same person they were at 18. I know I’m not!

You think you know the story of Lyle and Erik Menendez. I certainly thought I did: In 1989, the brothers, aged 21 and 18, respectively, viciously shot and killed their parents in their Beverly Hills home. In 1996, after two trials, they were sentenced to life in prison without the possibility of parole. As is often the case, this story is much more complex than it appears on the surface. Both brothers said they had been sexually, physically and emotionally abused for years by their parents. According to Lyle, the abuse started when he was just 6 years old, and Erik said he was raped by his father for more than a decade. Following years of abuse and a real fear for their lives, Erik and Lyle chose what they thought at the time was their only way out — an unimaginable way to escape their living nightmare.

Their first trial was heard before two separate juries, one for each brother. Their abuse claims formed the foundation of their defense, with family members testifying on their behalf. After hearing this evidence, over half of the 24 jurors voted not guilty on the murder charges, resulting in hopelessly deadlocked juries and mistrials, widely seen as a blow to the Los Angeles District Attorney’s Office.

Soon, the Menendez brothers’ case would continue to play out amid another high-profile murder case prosecuted by the same DA’s office. More than four months after the Menendez mistrials, O.J. Simpson was charged with the murders of his ex-wife, Nicole Brown Simpson, and her friend Ronald Goldman. Then, eight days after Simpson’s acquittal, opening arguments began in Erik and Lyle’s second trial.

However, this time, the judge had changed the rules: both brothers were tried together before a single jury, much of the abuse evidence was deemed inadmissible , and manslaughter was no longer an option . Some witnesses from the first trial were barred from testifying about the alleged abuse, depriving the jurors of crucial evidence. The prosecutor, having successfully argued to exclude the abuse testimony, mocked the brothers’ defense during his closing arguments for not producing any evidence of abuse.

Their lawyer has since said the judge’s rulings essentially acted as a “directed” verdict. And so, the brothers were convicted. They were sentenced to life without the possibility of parole and have remained incarcerated for almost 35 years. Their only way out of prison now is death. 

The first trial was televised for all to see, and Erik and Lyle’s case became entertainment for the nation, their suffering and stories of abuse ridiculed in skits on “Saturday Night Live.” The media turned the brothers into monsters and sensationalized eye candy — two arrogant, rich kids from Beverly Hills who killed their parents out of greed. There was no room for empathy, let alone sympathy.

Erik and Lyle had no chance of a fair trial against this backdrop. Back then, there were limited resources for victims of sexual abuse, particularly for boys. There were virtually no systems in place to support survivors, and public awareness of the trauma of male sexual abuse was minimal, often clouded by preconceived judgments and homophobia. Can anyone honestly deny that the justice system would have treated the Menendez sisters more leniently? Despite overwhelming family testimony acknowledging the abuse Erik and Lyle suffered, the public remained skeptical. Robbed of their childhoods by their parents, then robbed of any chance of freedom by a criminal justice system eager to punish them without considering the context or understanding the “why,” and without caring about whether the punishment fit the crime, Erik and Lyle were condemned before the trial even began.

According to Erik and Lyle, they were physically, sexually and emotionally abused by their parents since childhood, and their father repeatedly raped them when they were just little boys. Many people believe the crimes the brothers committed are unforgivable — but what about the decades of alleged abuse they suffered as children?

I have spent time with Lyle and Erik; they are not monsters. They are kind, intelligent, and honest men. In prison, they both have exemplary disciplinary records. They have earned multiple college degrees, worked as caregivers for elderly incarcerated individuals in hospice, and been mentors in college programs — committed to giving back to others. When I visited the prison three weeks ago , one of the wardens told me he would feel comfortable having them as neighbors. Twenty-four family members, including their parents’ siblings, have released statements fully supporting Lyle and Erik and have respectfully requested that the justice system free them. 

The killings are not excusable. I want to make that clear. Nor is their behavior before, during or after the crime. But we should not deny who they are today in their 50s. The trial and punishment these brothers received were more befitting a serial killer than two individuals who endured years of sexual abuse by the very people they loved and trusted. I don’t believe that spending their entire natural lives incarcerated was the right punishment for this complex case. Had this crime been committed and trialed today, I believe the outcome would have been dramatically different. I also strongly believe that they were denied a fair second trial and that the exclusion of crucial abuse evidence denied Erik and Lyle the opportunity to fully present their case, further undermining the fairness of their conviction.

With their case back in the spotlight — and considering the revelation of a 1988 letter from Erik to his cousin describing the abuse — my hope is that Erik and Lyle Menendez’s life sentences are reconsidered.

We owe it to those little boys who lost their childhoods, who never had a chance to be heard, helped or saved.

Kim Kardashian is a businesswoman, media star and criminal justice reform advocate.

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COMMENTS

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