How to Write a Clear Legal Letter of Advice in Plain English

A strong letter of advice does more than state the law. It tells the client, in language they can understand, what the answer is, why it matters, what the realistic options are and what should happen next. This Australian-focused guide gives law graduates and junior lawyers a practical structure for producing advice that is clear, accurate and useful.

A practical structure for an Australian letter of advice

Before you draft, confirm four things: the purpose of the letter, the intended reader, the scope of your retainer and the decision the client needs to make. Then check the firm’s template, your supervisor’s instructions and any deadline. Clear writing cannot rescue advice that answers the wrong question or goes beyond the work you were asked to do.

1. Put the answer near the beginning

Clients should not have to read several pages before discovering your conclusion. After the greeting and matter reference, give a short “Advice in brief” section. State the likely position, the most important qualification and the immediate next step.

For example: “On the information presently available, we consider that you have a reasonable basis to dispute the invoice. The result will depend mainly on the terms of the variation and the emails exchanged on 14 May. We recommend that you preserve those records and allow us to send the response before Friday.”

This is not oversimplification. It is disciplined communication. The detailed reasoning can follow.

2. State the facts and assumptions that matter

Include the material facts on which the advice depends, not a complete history of the file. Separate confirmed facts from instructions, disputed facts and assumptions. If an important fact may be wrong, invite the client to correct it.

Useful wording includes:

• “You have instructed us that …”

• “We have assumed for present purposes that …”

• “The other party disputes …”

• “Please tell us immediately if this is incorrect.”

A short, accurate factual section helps the client test your understanding and helps the supervising lawyer see whether the legal analysis rests on a sound foundation.

3. Explain the law in the client’s context

Identify the applicable rule, but do not turn the letter into an academic essay. Explain what the rule means for this client, these facts and this decision. Cite legislation, cases or contractual provisions where useful, while keeping technical detail proportionate to the client’s needs.

Use descriptive headings such as “Can the agreement be terminated?”, “What compensation could be recovered?” and “What evidence is still needed?” A heading that states the client’s real question is more useful than a vague label such as “Legal principles”.

Where the law or evidence is uncertain, say so. Distinguish a strong conclusion from a tentative view. Avoid guarantees. Phrases such as “likely”, “there is a material risk” and “we cannot presently conclude” are appropriate when they accurately describe the position.

4. Use plain English without losing legal precision

Plain English is not casual or imprecise writing. Prefer familiar words, active voice and one main idea per sentence.

Instead of “We are in receipt of your correspondence”, write “We received your email”. Instead of “You are required to execute the document”, write “You must sign the document”. Instead of “In the event that”, write “If”. Instead of “Notwithstanding”, write “Despite”.

Define any legal term the client genuinely needs to know. Remove Latin expressions unless the expression itself matters. Read the draft aloud. If a sentence is difficult to say in one breath, it will probably be difficult for the client to understand.

5. Present options, risks and costs fairly

Advice usually involves a decision rather than a single abstract answer. Set out the realistic options and explain the main benefits, risks, likely costs, timing and practical consequences of each. Do not hide an unattractive option or overstate the option you prefer.

A comparison table can help where there are several choices, but it must not flatten important qualifications. If the client must decide urgently, identify the deadline and explain what may happen if no action is taken.

6. Give a recommendation and explain why

Where the retainer calls for a recommendation, make one. Link it to the client’s stated priorities, not the lawyer’s personal preference.

For example: “Because your priority is to preserve the commercial relationship and control legal costs, we recommend a without-prejudice meeting before commencing proceedings. That course may not resolve the dispute, so we also recommend preparing the limitation analysis now.”

A recommendation should show the reasoning, the main risk and any contingency plan.

7. End with precise next steps

Finish with an action list that identifies who will do what and by when. Include documents the client must provide, decisions the client must make, work the firm will undertake and the next contact date. Confirm any urgent limitation, hearing, settlement or contractual deadline in unmistakable language.

For example:

• Client — send the signed contract and 14 May email chain by 4.00 pm on 8 August.

• Firm — review the variation clause and prepare a draft response by 11 August.

• Client — approve or amend the draft by noon on 12 August.

Avoid open-ended endings such as “We await your instructions” when the client may not know what instructions are required.

Australian professional obligations still govern the letter

A writing guide can improve structure, but it is not a substitute for the law and professional rules applying to the matter. Australian lawyers must act competently and diligently, keep clients informed, explain issues so the client can make informed choices, protect confidentiality and follow lawful, proper and competent instructions. The precise duties and disclosure requirements depend on the applicable jurisdiction and matter.

A junior lawyer should have the advice reviewed at the level required by the firm’s supervision arrangements. Check names, dates, defined terms, calculations, citations, attachments, privilege markings, costs information and every promised next step before sending.

Final quality-control checklist

Before the letter leaves the firm, ask:

• Does the opening tell the client the answer and immediate next step?

• Are the facts, assumptions and disputed matters clearly separated?

• Does each legal proposition connect to the client’s situation?

• Are options, risks, costs and deadlines explained fairly?

• Is the recommendation clear and tied to the client’s priorities?

• Are responsibilities and dates stated precisely?

• Have confidentiality, privilege, supervision and attachment checks been completed?

• Could the client reasonably misunderstand anything important?

The best letter of advice is not the one that sounds most legal. It is the one that lets the client understand the position, make an informed decision and act on it.

Sources and further reading

This guide draws on the client-focused writing structure in the Georgetown University Law Center Writing Center’s “How to Write a Client Advice Letter” (2023–24), adapted for Australian practice. For current Australian competency expectations, consult the Legal Services Council’s Model Admission Rules and the professional conduct rules applying in the relevant jurisdiction.