4.6: Writing Fundamentals
- Page ID
- 131529
\( \newcommand{\vecs}[1]{\overset { \scriptstyle \rightharpoonup} {\mathbf{#1}} } \)
\( \newcommand{\vecd}[1]{\overset{-\!-\!\rightharpoonup}{\vphantom{a}\smash {#1}}} \)
\( \newcommand{\dsum}{\displaystyle\sum\limits} \)
\( \newcommand{\dint}{\displaystyle\int\limits} \)
\( \newcommand{\dlim}{\displaystyle\lim\limits} \)
\( \newcommand{\id}{\mathrm{id}}\) \( \newcommand{\Span}{\mathrm{span}}\)
( \newcommand{\kernel}{\mathrm{null}\,}\) \( \newcommand{\range}{\mathrm{range}\,}\)
\( \newcommand{\RealPart}{\mathrm{Re}}\) \( \newcommand{\ImaginaryPart}{\mathrm{Im}}\)
\( \newcommand{\Argument}{\mathrm{Arg}}\) \( \newcommand{\norm}[1]{\| #1 \|}\)
\( \newcommand{\inner}[2]{\langle #1, #2 \rangle}\)
\( \newcommand{\Span}{\mathrm{span}}\)
\( \newcommand{\id}{\mathrm{id}}\)
\( \newcommand{\Span}{\mathrm{span}}\)
\( \newcommand{\kernel}{\mathrm{null}\,}\)
\( \newcommand{\range}{\mathrm{range}\,}\)
\( \newcommand{\RealPart}{\mathrm{Re}}\)
\( \newcommand{\ImaginaryPart}{\mathrm{Im}}\)
\( \newcommand{\Argument}{\mathrm{Arg}}\)
\( \newcommand{\norm}[1]{\| #1 \|}\)
\( \newcommand{\inner}[2]{\langle #1, #2 \rangle}\)
\( \newcommand{\Span}{\mathrm{span}}\) \( \newcommand{\AA}{\unicode[.8,0]{x212B}}\)
\( \newcommand{\vectorA}[1]{\vec{#1}} % arrow\)
\( \newcommand{\vectorAt}[1]{\vec{\text{#1}}} % arrow\)
\( \newcommand{\vectorB}[1]{\overset { \scriptstyle \rightharpoonup} {\mathbf{#1}} } \)
\( \newcommand{\vectorC}[1]{\textbf{#1}} \)
\( \newcommand{\vectorD}[1]{\overrightarrow{#1}} \)
\( \newcommand{\vectorDt}[1]{\overrightarrow{\text{#1}}} \)
\( \newcommand{\vectE}[1]{\overset{-\!-\!\rightharpoonup}{\vphantom{a}\smash{\mathbf {#1}}}} \)
\( \newcommand{\vecs}[1]{\overset { \scriptstyle \rightharpoonup} {\mathbf{#1}} } \)
\(\newcommand{\longvect}{\overrightarrow}\)
\( \newcommand{\vecd}[1]{\overset{-\!-\!\rightharpoonup}{\vphantom{a}\smash {#1}}} \)
\(\newcommand{\avec}{\mathbf a}\) \(\newcommand{\bvec}{\mathbf b}\) \(\newcommand{\cvec}{\mathbf c}\) \(\newcommand{\dvec}{\mathbf d}\) \(\newcommand{\dtil}{\widetilde{\mathbf d}}\) \(\newcommand{\evec}{\mathbf e}\) \(\newcommand{\fvec}{\mathbf f}\) \(\newcommand{\nvec}{\mathbf n}\) \(\newcommand{\pvec}{\mathbf p}\) \(\newcommand{\qvec}{\mathbf q}\) \(\newcommand{\svec}{\mathbf s}\) \(\newcommand{\tvec}{\mathbf t}\) \(\newcommand{\uvec}{\mathbf u}\) \(\newcommand{\vvec}{\mathbf v}\) \(\newcommand{\wvec}{\mathbf w}\) \(\newcommand{\xvec}{\mathbf x}\) \(\newcommand{\yvec}{\mathbf y}\) \(\newcommand{\zvec}{\mathbf z}\) \(\newcommand{\rvec}{\mathbf r}\) \(\newcommand{\mvec}{\mathbf m}\) \(\newcommand{\zerovec}{\mathbf 0}\) \(\newcommand{\onevec}{\mathbf 1}\) \(\newcommand{\real}{\mathbb R}\) \(\newcommand{\twovec}[2]{\left[\begin{array}{r}#1 \\ #2 \end{array}\right]}\) \(\newcommand{\ctwovec}[2]{\left[\begin{array}{c}#1 \\ #2 \end{array}\right]}\) \(\newcommand{\threevec}[3]{\left[\begin{array}{r}#1 \\ #2 \\ #3 \end{array}\right]}\) \(\newcommand{\cthreevec}[3]{\left[\begin{array}{c}#1 \\ #2 \\ #3 \end{array}\right]}\) \(\newcommand{\fourvec}[4]{\left[\begin{array}{r}#1 \\ #2 \\ #3 \\ #4 \end{array}\right]}\) \(\newcommand{\cfourvec}[4]{\left[\begin{array}{c}#1 \\ #2 \\ #3 \\ #4 \end{array}\right]}\) \(\newcommand{\fivevec}[5]{\left[\begin{array}{r}#1 \\ #2 \\ #3 \\ #4 \\ #5 \\ \end{array}\right]}\) \(\newcommand{\cfivevec}[5]{\left[\begin{array}{c}#1 \\ #2 \\ #3 \\ #4 \\ #5 \\ \end{array}\right]}\) \(\newcommand{\mattwo}[4]{\left[\begin{array}{rr}#1 \amp #2 \\ #3 \amp #4 \\ \end{array}\right]}\) \(\newcommand{\laspan}[1]{\text{Span}\{#1\}}\) \(\newcommand{\bcal}{\cal B}\) \(\newcommand{\ccal}{\cal C}\) \(\newcommand{\scal}{\cal S}\) \(\newcommand{\wcal}{\cal W}\) \(\newcommand{\ecal}{\cal E}\) \(\newcommand{\coords}[2]{\left\{#1\right\}_{#2}}\) \(\newcommand{\gray}[1]{\color{gray}{#1}}\) \(\newcommand{\lgray}[1]{\color{lightgray}{#1}}\) \(\newcommand{\rank}{\operatorname{rank}}\) \(\newcommand{\row}{\text{Row}}\) \(\newcommand{\col}{\text{Col}}\) \(\renewcommand{\row}{\text{Row}}\) \(\newcommand{\nul}{\text{Nul}}\) \(\newcommand{\var}{\text{Var}}\) \(\newcommand{\corr}{\text{corr}}\) \(\newcommand{\len}[1]{\left|#1\right|}\) \(\newcommand{\bbar}{\overline{\bvec}}\) \(\newcommand{\bhat}{\widehat{\bvec}}\) \(\newcommand{\bperp}{\bvec^\perp}\) \(\newcommand{\xhat}{\widehat{\xvec}}\) \(\newcommand{\vhat}{\widehat{\vvec}}\) \(\newcommand{\uhat}{\widehat{\uvec}}\) \(\newcommand{\what}{\widehat{\wvec}}\) \(\newcommand{\Sighat}{\widehat{\Sigma}}\) \(\newcommand{\lt}{<}\) \(\newcommand{\gt}{>}\) \(\newcommand{\amp}{&}\) \(\definecolor{fillinmathshade}{gray}{0.9}\)Once you’ve completed Stage 1 in the writing process, it’s time to move on to Stage 2, the drafting stage. Here, we will review the components of clear writing: Proper punctuation, spelling, and grammar; appropriate word choice; effective sentence structure; smooth transitions; and logical organization.
Wait a minute. I know I’ve had that stuff in other courses…do I really have to learn about it again?
Yes, yes, absolutely yes! As a legal practitioner, your primary means of communication will be written communication. Your written language is thus a direct reflection of you as an intelligent, credible professional. Poor writing is a bad reflection on you and could sabotage your career. Clear writing enhances others’ opinions of your intellect and credibility; clear writing commands respect.
Compare your writing to a construction project. Your final product is the “dream house” that will become your home. The punctuation, spelling, grammar, and words are your building materials; sentence structure, transitions, and organization are your workmanship. Substandard building materials and shoddy workmanship inevitably lead to a crummy house. You wouldn’t put a pit toilet in a castle, would you? Regardless of the type of toilet you install, you wouldn’t put it in the kitchen or forget to connect the drain, right?
Let’s take a closer look at our building materials…
Proper Punctuation
Punctuation is the material that holds your sentences and words together. The wrong nails will not properly hold the framing or might stick out, ruining other materials. Likewise, the wrong punctuation won’t hold your words or sentences together, and, to the trained eye, will certainly “stick out.” For example, misuse of the lowly comma can wreak havoc with a sentence: “Students who cheat and plagiarize should be removed from the program” versus “Students, who cheat and plagiarize, should be removed from the program”. In the first scenario, only the cheaters will be removed. In the second scenario, all students will be removed since they are all cheaters (this is most certainly not true!).
Proper punctuation placement proclaims professionalism. Punctuation pitfalls are pernicious! Following are some of the most common “Punctuation Pitfalls” to avoid.
The comma is the workhorse of the English language. It is properly used to
- Precede a title (Mr. Jones, President; Al Johnson, Jr.)
- Write about a specific date (September 23, 2019)
- Differentiate between an abbreviation and the end of a sentence. (Andromeda, Inc., manufactures widgets.)
- Set apart a parenthetical phrase (Babies, who are helpless, require constant care.)
- Introduce a quotation. (She said, “I’ll have what she’s having.”)
- Separate words in a series (I like bananas, coconuts, and grapes). There is disagreement over whether a comma should precede the word “and” in a series. Either include it or don’t, but be consistent throughout your document.
The comma should not be used
- As a cure-all for run-on sentences
- Following the phrase, “as well as”
- To connect two sentences together into one sentence (this is known as a comma splice)
- To write about a non-specific date (not Spring, 2020 or September 2019 – also, don’t put the word “of” in these date phrases)
The Semicolon ( ; )
The semicolon is used when a comma isn’t strong enough to get the job done. It is properly used to
- Separate two related ideas contained in one sentence, when each of the ideas is itself a full sentence. (Roses are yellow; violets are blue.)
- Precede an adverbial conjunction, such as however, therefore, nevertheless. (Dogs are great pets; however, cats require less maintenance. Every bone in her body ached; nevertheless, she finished the race.)
- Separate the series within a series. (I like bananas, coconuts, and grapes; beef, turkey, and fish; and broccoli, carrots, and corn.)
The Colon ( : )
A colon is primarily used as a grand introduction. It strongly emphasizes the phrase that follows it.
- A colon should only be used following a main clause that is itself a complete sentence. (President Clinton walked up to the podium: “It depends on what the meaning of ‘is’ is.”)
- A colon should not be used to introduce information or a series. (Not ”The library hours are: 9 a.m. to noon.” Not “She played: soccer, baseball, and basketball.”)
Quotation Marks ( “ ” )
Quotation marks record what others have said. Make sure you understand when to use double ( “ ” ) and single ( ‘ ’ ) quotation marks.
- Use double quotation marks
- around a short (less than 4 lines of text) quotation.
- around a quote within a long quote (long quotes are single-spaced, double-indented, and have no quotation marks surrounding them. Court opinions frequently use this format.)
- Use single quotation marks for a quote within a quote when the entire quote is less than 4 lines of text. (Karen said, “I heard Tom tell Jane, ‘I went shopping yesterday.’ We were standing outside when he said it.”
To test your punctuation prowess, go to GrammarBook.com (opens a new window).
Capitalization, Numbers, and Time
Once again, there are so many tricky rules to follow! Here are some you will most commonly run into in legal writing:
- Capitalization is required
- For proper names and titles, if the title refers to a specific person or entity (President Lincoln; the State of Wisconsin; George Jones, President and CEO of Americo; the Trial Court)
- For the first word of a quotation, if the quotation is a complete sentence (“Haynesworth is a dirty crook,” the witness stated.)
- In a phrase using a room designation, if the room name or number is right before or after the word “room” (Today’s meeting is in Room 322. The wedding reception is in the Niagara Room.)
- Capitalization is not required
- For titles, if the title refers to a general category of persons or entities (All of our presidents have been men. There are fifty states in the United States of America. Trial courts must make specific findings of fact.)
- For the first word of a quotation, if the quotation is not a complete sentence (“Haynesworth,” the witness stated, “is a dirty crook.”)
- Numbers should be written out as words when:
- The number is ten or less
- For approximations (The paper route is approximately twenty miles long.)
- Writing about fractions that are not preceded by a whole number (“The meeting starts in one-half hour” not “The meeting starts in ½ hour”)
- Writing about decades or centuries (The twentieth century; The roaring twenties)
- Use numerals when:
- The number is 11 or higher
- Writing about fractions that are preceded by a whole number; use a space after the whole number (1 ½, not 1½, or one and one half)
- Using numbers in a series (Jimmy ate 2 apples, 11 grapes, and ½ pound of watermelon.)
- Writing about dimensions, measurements, temperatures, percentages, and page numbers (The room is 12 by 15 feet; yesterday’s temperature was 85 degrees; see the sample on page 1002; Unemployment is down 2 percent) – notice that the measurements (feet, degrees, percent) are written out and not abbreviated.
- When writing about time:
- Write out the numeral if using “o’clock”, and don’t use “a.m.” or “p.m.” (The hearing begins at eleven o’clock.)
- Use numerals and either “a.m.” or “p.m.” if you don’t use “o’clock” (The hearing begins at 10:30 a.m.)
- Use only the numeral if writing about a time exactly on the hour (“The meeting will end at 11 a.m.” not “The meeting will end at 11:00 a.m.” The reason for this rule is that :00 is actually an abbreviation for o’clock.)
Proper Spelling
Always run spell-checker on everything you draft, whether it’s a document, Excel workbook, PowerPoint presentation, etc.! While you’re at it, make sure your spellchecker is checking words in ALL CAPS (in MS Word, click file>more>options>proofing, uncheck “ignore words in UPPERCASE”).
When you run spell-checker, be careful! Look closely at every error that is flagged as a spelling error. It’s so easy to go quickly through and “ignore” when a person’s name comes up as a misspelling. If a name comes up as a misspelling and you’ve spelled the name correctly, it’s OK to click “ignore all” – you can even add the name (and other legalese, such as per stirpes) to the dictionary.
After you run spell-checker, run “dumb-checker” – that’s your brain. Although spell-checker is constantly improving, it won’t catch all of the errors involving missing words (or missing letters in words). Spell-checker also might not catch homonyms (words that sound alike but are spelled differently and have different meanings). Beware these tricky “evil twins!”
| Word | Meaning | "Twin" | Meaning |
|---|---|---|---|
|
effect |
the result (a noun) |
affect |
impact (a verb) |
|
principle |
rule, standards, primary |
principal |
the “main man” $ in a trust/investment |
|
lead |
as a noun, it’s a metal |
led |
past tense of the verb “lead” (She led the way) |
|
elude |
escape, dodge |
allude |
suggest, refer to |
|
waiver |
giving up something |
waver |
being indecisive |
|
incite |
start, provoke |
insight |
perception, knowledge |
|
weather |
the conditions outside |
whether |
if |
|
to |
a preposition (give it to me) part of an infinitive (to run) |
too two |
also the number 2 |
|
ensure |
make definite |
insure |
protect against loss |
|
choose |
rhymes with chews present tense verb (choose me!) |
chose |
rhymes with hose past tense verb (he chose me) |
|
loose |
rhymes with moose adjective (the loose moose) |
lose |
rhymes with booze verb (drive with booze and you will lose) |
|
their(s) |
possessive of “they” |
there’s |
there is |
|
your |
possessive of “you” |
you’re |
you are |
|
its |
possessive of “it” |
it’s |
it is |
Of course, there are many others, so it’s important to slowly and carefully proofread for spelling. If you’re unsure, take the time to look up the word in a dictionary. The time you spend doing this will be worth it. Mistaken use of homonyms can be fatal to an otherwise excellent piece of writing.
Proper Grammar
Grammar is crucial to getting your ideas across accurately. Improper grammar can result in the meaning of your sentence being lost or changed. There are many components to proper grammar; only a few are highlighted here. Spell-checker can help with grammar too, but it’s not perfect. Here are some common grammar gaffes:
Adjective/Adverb Confusion
Both adjectives and adverbs give us additional information about something, adding context and interest to your sentence. However, there are some important differences.
- Adjectives describe nouns (size, color, characteristics).
- Adverbs describe verbs, conditions, or reasons; sometimes they answer the question of “how.” Typically, adverbs end in “ly.” Notice the differences below:
- A quick fox (adjective). A fox runs quickly (adverb).
- Use clear writing (adjective). Writing clearly is important (adverb).
Pronouns
These are designed to replace a noun and can be very troublesome! Make sure you are using the correct pronoun (and spelling it correctly), based on what part of the sentence in which it appears.
- Use subject pronouns in the subject part of the sentence (Who or what is doing the action in the sentence)
- “He and I went to the store.” (not “Him and I went to the store;” also not “Him and me went to the store.”) When in doubt, write it separately before combining pronouns: “He went to the store.” (We’d never say, “Him went to the store.”) “I went to the store.” (We’d never say, “Me went to the store.” )
- “Who is that masked man?”
- “This is the man who was in jail.” (Two sentences would be “This is the man. He was in jail.” He and who are both subject words)
- Use object pronouns in the object part of the sentence. Use them when they receive the action, or after a preposition (such as to, for, from, under, etc.)
- “Billy hit me/him/her/us/them.”
- “She gave the ball to me/him/her/us/them.”
- “Give me/him/her/us/them the ball.”
- “This is the man whom I mentioned earlier.” (Helpful hint: two sentences would be “This is the man. I mentioned him earlier.” Him and whom are both object words)
- “To whom are you speaking?”
- Use possessive pronouns to show possession. (NOTE: none of the possessive pronouns uses an apostrophe!!)
- “His dog is cute. Its name is Fido.”
- “Whose dog is this?”
- Use reflexive pronouns only if you have a subject that relates to the pronoun
- “I ask myself this question all the time.”
- “He gave himself a raise.”
- “If you have any questions, feel free to contact Attorney Ramsdon or me.” not “If you have any questions, feel free to contact Attorney Ramsdon or myself.” (Again, think of two separate sentences. “If you have any questions, feel free to contact Attorney Ramsdon.” and “If you have any questions, feel free to contact me.” You wouldn’t tell a client, “If you have any questions, feel free to contact myself.”
Here’s a chart that can help you choose the correct pronoun:
| Subject | Object/Preposition | Possessive | Reflexive |
|---|---|---|---|
|
I |
Me |
My/mine |
I … myself |
|
You |
You |
Your/yours |
You … yourself |
|
He/she/it |
Him/her/it |
His/hers/its |
He … himself She … herself It … itself |
|
We |
Us |
Our/ours |
We … ourselves |
|
They |
Them |
Their/theirs |
They … themselves |
|
Who |
Whom |
Whose |
(not applicable) |
Once you decide how your noun or pronoun is being used (or one of many pronouns in a phrase), you can substitute virtually any pronoun in the same column. Choose the one that is easiest for you to write correctly.
Additional problems can arise when substituting a pronoun for one or more nouns or names.
- Substitute singular pronouns for singular nouns or a single name:
- “Each child should know his or her phone number.” not “Each child should know their phone number.”
- “Schneider Corporation should fairly pay its employees.” not “Schneider Corporation should fairly pay their employees.”
- Substitute plural pronouns for plural nouns or multiple names
- “All children should know their phone number.”
- “Schneider Corporation and McDonald's Corporation should fairly pay their employees.”
- Don’t substitute a pronoun for a noun or a person’s name if the result is a vague meaning.
- She loaned her her prom dress. I have no idea what’s going on here!
- Tiffany loaned Justina her prom dress. OK, now I know who is loaning whose dress to whom.
Verbs
These action words present many potential traps for the unwary. Regular verbs, irregular verbs, and all the possible verb tenses (would you believe there are 24 of them?) make English one of the most difficult languages to learn. Watch out for these common verb usage traps:
- Singular/plural subject-verb disagreement (when there is only one subject of the sentence)
- A singular subject requires a singular verb
- These nouns are singular: corporation, jury, class, anyone, each, either, everybody, everyone, neither, nobody, none (usually), no one, somebody, and someone
- “The jury is required to answer all of the verdict questions.” not “The jury are required to answer all of the verdict questions.” (even though a jury is made up of multiple people, the sentence refers to a single group).
- “A dog makes a fine pet.”
- Plural subjects require a plural pronoun and a plural verb
- “The jurors are required to answer all of the verdict questions.” not “The jurors is required to answer all of the verdict questions.”
- A singular subject requires a singular verb
- Singular/plural subject-verb disagreement (when there are multiple subjects in the sentence)
- When all of the subjects are singular, the verb form is dictated by the “connector” between the subjects:
- “Or” is disjunctive (or separating). That means multiple singular subjects require a singular verb:
- “A dog or a cat makes a fine pet.” not “A dog or a cat make a fine pet.” If you were to write two separate sentences, you would write, “A dog makes a fine pet. A cat makes a fine pet.”
- “And” is conjunctive, bringing together multiple subjects and making them a plural subject requiring a plural verb:
- “My cat and dog are good companions.” Not “My cat and dog is a good companion.”
- “Or” is disjunctive (or separating). That means multiple singular subjects require a singular verb:
- When you have combinations of singular subjects and plural subjects connected by the word “or,” the subject closest to the verb dictates the verb form:
- The cat (singular) or the dogs (plural) are (plural) responsible for the damage to the furniture.
- The dogs (plural) or the cat (singular) is (singular) responsible for the damage to the furniture. (Grammatically correct, but awkward to read. The first version of this sentence is better)
- When all of the subjects are singular, the verb form is dictated by the “connector” between the subjects:
- Split infinitives – don’t put an adverb between the parts of an infinitive verb (“To run quickly” not “to quickly run”)
Prepositions
A preposition is a word or group of words used before a noun, pronoun, or noun phrase to show direction, time, place, location, spatial relationships, or to introduce an object. Some examples of prepositions are words like "in," "at," "on," "of," and "to." Here are a few tricky rules:
- To refer to one point in time, use the prepositions "in," "at," and "on." Do not use “for!” (Reja had to be at work at 8 a.m. not Reja had to be at work for 8 a.m.)
- Do not end a sentence with a preposition.
- “The class in which I am currently enrolled” not “The class I am currently enrolled in.”
- “To whom am I speaking?” not “Who am I speaking to?”
Contractions
Because they are informal writing, it’s usually best to avoid using contractions in legal writing. Because you sometimes need to use them when writing a direct quotation, knowing how to properly write contractions is important. Here is a contraction table that might help you:
| Original | "To be" (am, is, are) | "Have" | "Would" |
|---|---|---|---|
|
I |
I’m (I am) |
I’ve |
I’d |
|
You |
You’re (you are) |
You’ve |
You’d |
|
He/She/It |
He’s She’s It’s (it is) |
He’s (he has) She’s (she has) It’s (it has) |
He’d She’d It’d |
|
We |
We’re (we are) |
We’ve |
We’d |
|
They |
They’re (they are) |
They’ve |
They’d |
|
Who |
Who’s (who is) |
Who’ve |
Who’d |
|
Where |
Where’s (where is) |
Where’ve (where have) |
Improper – often “where’d” = where did |
|
What |
What’s (what is) |
What’ve (what have) |
Improper – often “what’d” = what did |
|
Why |
Why’s (why is) |
Why’ve (why have) |
Improper – often “why’d” = why did |
|
How |
How’s (how is) |
How’ve (how have) |
Improper – often “how’d” = how did |
One more note: “Would of” is never correct! The correct way to write out the contraction for “would’ve” is “would have.” The same is true for should’ve and could’ve.
Modifiers
These are words that give us additional information about words, typically either nouns or verbs. One thing to watch out for is the placement of modifiers within your sentence. Modifiers are descriptions of the word/words closest to them. A misplaced modifier can change the meaning of your sentence in unintended ways.
- A “female former attorney” = a female who once was an attorney, but no longer practices law
- A “former female attorney” = an attorney who once was a female and has transitioned to being a male (and continues to practice law)
Another tricky modifier is “only.” The following sentence is ambiguous and could have several meanings: “Liu agreed only to lend her sister money.” Here are the potential meanings:
- Liu agreed to lend money to her sister and no one else.
- Liu agreed to lend her sister money and nothing else (not clothes).
- Liu agreed to lend money, but not to give it as a gift.
To fix the sentence, either use one of these three options or place the word “only” right next to the word to modify (only her sister… only money … only to lend)
To find out whether you are a grammar guru, take a practice test at GrammarBook.com (opens in a new window).
Appropriate Word Choice
Words are the basic building blocks in your document. High-quality building blocks (words) are concise, concrete, and accurate. This is not to say that a writer never wants to use words that are not concise or concrete! Sometimes, if you want to de-emphasize something that is harmful to your client, you want to use words that are less concise or concrete (but accurate nonetheless). The important thing is to make a conscious decision about the words you use.
Concise Words
Words are concise if they are direct and clear.
- Avoid using flowery language or unnecessary words that don’t add meaning to the sentence
| Wordy | Concise |
|---|---|
|
In order to |
To |
|
Whether or not In the event that |
If or whether (We will play soccer regardless of whether it is raining. He was unsure if we would play baseball next weekend.) |
|
Enclosed please find |
Enclosed is/are |
|
In accordance with |
Under |
- Avoid jargon or “legalese” unless it’s absolutely necessary to the idea you are expressing or the document you are drafting
- Jargon should be used only with experts in the related field (when writing to a doctor, refer to the larynx, rather than the voice box)
- Legalese to avoid: phrases using “said” as a substitute for “the” (as in, “said plaintiff”); heretofore, wherefore, aforementioned.
- Avoid Latin phrases unless you are writing to an attorney or judge (and even then, be careful!)
| Do not use this ... | If this will work as well |
|---|---|
|
Accord |
Give |
|
Bequeath, Devise |
Give |
|
Per annum |
Yearly, each year |
|
Forthwith |
Immediately |
|
Party of the first (or second) part |
The party’s name or title |
|
Utilize |
Use |
|
Inter alia |
Among other things |
|
Arguendo |
For the sake of argument |
Concrete Words
When writing descriptions of events or things, it’s important to help the reader to visualize an event or action. Sometimes we call these “picture words.” Like actual concrete, we want our words to be strong and effective, rather than weak. Below are some side-by-side comparisons to help illustrate this point. Notice how the words on the “concrete” side allow you to create a detailed picture in your mind of what is being described, while the words on the right provide too little information for a detailed picture.
| Concrete/Powerful | Weak/Vague |
|---|---|
|
His arm was severed when it became caught in the threshing machine. |
He injured his body part in the device at issue. |
|
It rained every day for a week. |
A period of unfavorable weather set in. |
|
The defendant boasted that he knew where the witness was secreted |
The defendant stated he knew where the witness was. |
| Concrete/Positive (what is/was) | Weak/Negative (what isn't/wasn't) |
|---|---|
|
He usually came late to class. |
He did not often arrive on time to class. |
|
The politician was dishonest. |
The politician was not truthful. |
|
She forgot/failed to do her homework. |
She did not remember to do her homework |
Accurate Words
In legal writing, we need to use words that convey exactly the intended meaning (both dictionary meaning and “emotional” meaning).
Sometimes simple is better. What good is a word if your reader really doesn’t understand it?
- “inapposite” is a very powerful word, but few people outside the legal field know what it means. It is an adjective meaning that an example or legal authority is completely irrelevant and inapplicable
- “apropos” is also a powerful word, but it is often misused as a synonym for “appropriate.” Apropos means “having the characteristics of” or “an example of”: “The team’s inability to produce any offense in the playoffs is apropos of the entire season.” (this problem has nagged the team all season long)
Be aware of the connotation (or emotional baggage) attached to certain words and choose your words accordingly. Here are some examples of words that have the same basic meaning, but very different “emotions” attached to them:
- Child – juvenile
- Affordable – cheap
- Determined – stubborn
Watch out for slang and colloquialisms
- Ain’t, cop, and other slang aren’t used in legal writing unless you are directly quoting someone who used those words
- Colloquialisms (words with “local flavor”) such as y’all and bubbler (instead of drinking fountain) also aren’t used in legal writing unless you are directly quoting someone who used those words
Watch out for “made up” words or usage that is always incorrect
- “I seen” is incorrect – instead, write “I saw” or “I have seen”
- Irregardless is not a word!
- Other incorrect words: alright, anyways, a lot
Don’t abuse your thesaurus! A thesaurus is a useful tool to help you avoid repeatedly using the same words or to help you find more accurate words. However, not all synonyms are created equal; don’t just substitute a synonym for a word without being certain of its exact meaning. Following are some examples of substitutions to be used with caution:
| Word | Meaning/Usage | "Synonym" | Meaning/Usage |
|---|---|---|---|
|
Guilty of |
Used with crimes He was found guilty of larceny. |
Liable for |
Used with civil matters. He was found liable for damages. |
|
comprise |
include, make up of A jury is comprised of 12 persons. |
constitute |
add up to Seven days constitute one week. |
|
imply |
suggest, indicate Her hesitation to answer implies guilt. |
infer |
assume, deduce One might infer from her hesitation to answer that she is guilty. |
|
apprise |
notify, inform He was apprised of the situation. |
appraise |
estimate value, opine Please appraise these diamonds. |
|
disinterested |
neutral Service of process should be completed by a disinterested person. |
uninterested |
bored, uncaring I am uninterested in hearing about that event. |
|
prescribe |
to order Doctors prescribe medication. |
proscribe |
forbid, prohibit Criminal laws proscribe certain conduct. |
|
Different from |
used to show contrast, typically between nouns This situation is different from the one we had yesterday. |
Differently (than) |
used to show contrast (typically other than nouns) Let me know if you conclude differently. Berta saw things differently than Jonas. |
Effective Sentence Structure
Sentence structure provides the framework for your words. The best building materials are useless if they aren’t put together properly. There are a few things to consider when choosing your sentence structure.
Active Voice
As a general rule, the subject (or main idea/actor) comes first, with the verb (action) as close to the subject as possible, and the object (where the action is going) following the verb. This is known as subject-verb-object (s-v-o) structure, or active voice. The active voice is preferred; the subject is doing the action described by the verb, rather than having the action done to it.
|
Jade hit the ball. S V O |
Active voice. The subject, Jade, does the verb action, hitting. |
|---|---|
|
The ball was hit by Jade. S V O |
Passive voice. The subject, the ball, is receiving the verb action, hitting. If you see the word “by” in your sentence right after a verb, it’s likely is passive voice. |
|
Mary was arrested yesterday. S V No object/actor |
Passive voice. The subject, Mary, is receiving the verb action, arresting. We know a police officer was the actor. Active voice would read, “The police officer arrested Mary yesterday.” |
|
The parties entered into mediation. |
Passive voice. The verb, mediate, was turned into a noun (nominalization – look for -tion, -sion, or -ment endings to words). Active voice would read, “The parties mediated.” |
HOWEVER: This is not to say that a writer never wants to use passive voice! Sometimes, if you want to de-emphasize something that is harmful to your client, you want to use passive voice. I want you to make a conscious decision about the sentence structure you use.
Sentence Fragments
If a sentence does not contain a subject or a verb, it is a sentence “fragment.” Sometimes sentence fragments are tricky to identify.
- Whether a person is liable for dog bite injuries. This looks like a complete sentence, but it isn’t!
- The word “whether” is a conjunction (a connector, like and, but, or).
- This sentence is incomplete because we don’t know what happens next. Substitute the word “if” and the incomplete thought becomes clear: “If a person is liable for dog bite injuries.”
- Make the sentence complete by adding an active verb and an explanation: Whether a person is liable for dog bite injuries requires examination of the totality of the circumstances.
- Adverb clauses also are not complete sentences, for similar reasons – we don’t know what happens next. The following are all sentence fragments:
- Even when I'm sick.
- When you have finished working.
- Whenever you like.
- Wherever we prefer.
- Since I returned from vacation.
- As she was not there.
- Since you always do well.
- Before entering high school.
Run-On Sentences
Too many thoughts, topics, or ideas with only a period at the end constitute the classic run-on sentence. Many times, these are multiple sentences connected with commas (a comma splice) or no punctuation at all. A good rule of thumb is that if your sentence runs longer than two full lines in a document, look at it carefully to determine whether there are multiple sentences covering multiple ideas that should be split into multiple sentences with appropriate transitions.
Parallel Construction
Just like you want to use the same size lumber throughout your house frame, you want to use a similar structure for nouns, pronouns, verbs, or articles for similar ideas. Parallelism involves:
- Consistency in series as to nouns
- Last week we studied cultures of the French, the Spanish. and the Germans (all start with “the”).
- I like bananas, coconuts and grapes (all fruits); corn, carrots and beans (all vegetables); and beef, pork and chicken (all meats).
- Consistency in series as to verbs
- Diedre was not certain her call was being recorded, but she suspected it may be recorded (Verbs are all past tense. Don’t switch from past tense to present tense or future tense).
- We discussed hiring, training, and supervising new employees (all -ing verbs).
- Consistency when using correlative or comparative expressions
- both…and; not…but; not only…but also; either…or; etc.) should be followed by the same grammatical construction
- The ceremony was both long and tedious (one adjective on each side of both/and).
- The ceremony was not only long but also tedious.
- Not It was both a long ceremony and very tedious.
- Patterns in writing, in which similar ideas are expressed with similar words. An excellent example of good parallelism is the Beatitudes, which consistently uses a “blessed are ... for they shall” structure.
Smooth Transitions
The blueprint shows how all of the materials come together and relate to each other to make the building. Transitions between sentences and paragraphs give your document “flow” and tell the reader how the ideas are related. Transitions also signal the reader when a new idea is being introduced. Imagine the foreman gives you a bunch of building materials and tells you to build a castle, without giving you directions as to how to put the materials together. If you fail to use transitions in your document, you leave the reader with no direction as to how to put your ideas together. Your ideas will come across much better if the reader doesn’t have to work hard to understand them.
- Transitions between sentences tell the reader how the two sentences are related
- Transitions between paragraphs tell the reader how the two topics are related
- Transitions also let the reader know when you are discussing a new topic
Here are some examples of the different types of transitions you can use:
|
Similarity |
Contrast |
Combinations |
Chronology |
Summary |
|---|---|---|---|---|
|
Similarly Similar to Likewise Like In the same way |
In contrast Unlike However On the contrary Contrary to On the other hand |
Additionally Also Moreover Furthermore |
First Next Finally Lastly |
Therefore Thus Hence In Conclusion Ergo |
For more ideas for using transitional words and phrases, visit The Writing Center at UW-Madison's website (opens in a new window).
Logical Organization
The floor plan, layout, and flow of your dream house need to make sense. When you walk through the front door of your dream house, you don’t want to walk into the bathroom. The same is true for the overall flow of your writing.
- Make sure the order in which you discuss topics makes sense. Some possible ways to organize:
- Chronological (tell the story from beginning to end)
- Cause/effect (it’s usually best to discuss cause before effect/result)
- By claim/transaction (discuss each legal claim or transaction completely before moving on to the next one)
- By party/person (discuss each party’s role in the legal claim or transaction completely before moving on to the next one)
- Finish your discussion of one topic before going on to the next topic. Going back and forth between topics, or jumping back to previous topics, can be very confusing.
- Other common problems to avoid include
- improper cause and effect (I sneeze every time I go to my friend’s house, so I’m allergic to my friend);
- wrong proof, right conclusion (improper data or facts are used to reach a conclusion – all diamond rings are engagement rings);
- right proof, wrong conclusion (other conclusions may follow from the facts – Lassie is a girl’s name, therefore all dogs that portrayed “Lassie” were girls. This conclusion is incorrect.)

