Consider the Audience Behind the Audience
Who is your Real Audience?
When I coach attorneys or law students on legal writing, I often start with one of the most deceptively simple lessons I’ve learned in my career as a litigator:
Always consider the audience behind the audience.
Your Real Audience May Not Be Who You Think It Is
Imagine you’re corresponding with opposing counsel in an email or formal letter. On the surface, you’re just communicating with another attorney. But in practice, your message may become part of the official record—or at the very least, circulated far beyond your inbox.
Here are just a few ways your writing may be repurposed:
As an exhibit to a motion in court
Read by a judge assessing your client’s position
Reviewed by your client or supervising attorney
Shared with colleagues, co-counsel, or the press
How This Awareness Should Guide You
There are two major dimensions to consider when writing with multiple audiences in mind: content and tone.
Content: Write Like It Could Be Read in Court
Before you hit send, ask yourself:
Will a judge or third-party reader understand the key points if this message becomes part of the record?
Does the message include the right amount of context, for example, procedural posture or key facts, to make your position clear without overwhelming the reader?
Could a case citation or reference to a rule help reinforce the legitimacy of your request or response?
Most importantly, does this document advance your client’s position if it’s read outside its original context?
When your writing is framed with this perspective, your arguments tend to be tighter, your explanations sharper, and your message more impactful, regardless of the reader.
Tone: Professionalism Over Emotion
It’s tempting—especially in contentious litigation—to respond in kind to an unprofessional or snarky email. But the courtroom (and the record) rewards restraint, not retaliation.
Write the snarky draft if you must, but don’t send it. Then, rewrite it with a focus on three things:
Credibility: Would a judge see you as the reasonable party?
Clarity: Is your position clean and legally sound?
Client interests: Does this response move your client’s case forward?
Why This Matters
At Ink & Advocacy, I work with attorneys and law students to develop legal writing that is clear, strategic, and audience-aware. Because in litigation—and in law generally—strong writing isn’t just about what you say. It’s about how your audience receives it.
Writing with the “audience behind the audience” in mind is a practice, not a one-time adjustment. But once you internalize it, you’ll find your writing becomes sharper, more persuasive, and more professional—whether it’s a brief, a status update, or a reply-all email.
Want to Strengthen Your Written Advocacy?
If you’re looking to improve your legal writing with practical tools, editorial feedback, or coaching tailored to your context, let’s connect. You can reach me at gabriel@inkandadvocacy.com.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice.
