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Improve Your Legal
Writing With Five Simple Rules
By T. Evan Schaeffer
Legal
writing has a lot in common with other forms of written
communication; the same goals still apply. That is, you want
to get rid of the clutter, cut out the mess, make your writing
efficient and clear.
Sound easy? Then
why do so many lawyers have trouble writing a clear,
understandable sentence?
Here's the
answer: because it's not easy.
So many words
available to use, so many ways of expressing yourself--it's a
wonder we're not paralyzed by indecision when we sit down to
write a meaningful sentence.
And the truth
is, many are.
The good news is
there are shortcuts to a clear, understandable style. Keep
these five rules in mind and if nothing else, you'll be able
to fake your way to good writing.
Rule #1
Use Concrete Words
A lawyer's mind
is a whirlwind of mushy legal abstractions. You know them
well: property interest, subject matter jurisdiction,
predecessor corporation, enough to fill a book.
Often, there is
no better way to communicate a given thought than with the
familiar lawyerly shortcut. But an overuse of abstractions
drains your prose of verve and life.
Try substituting
a concrete word or phrase when the abstract, alternative
choice has no legal significance. Not unilaterally
terminated the employee's job but fired Mr. Smith.
Not apprehended the perpetrator but arrested Mr.
Jones.
You get the
idea. Strive to give your reader a visual image. Avoid empty
legalisms. When in doubt, choose the concrete word.
Rule #2
Write in the Active Voice.
We're reminded
to write in the active voice so often we've become numb to the
importance of this rule. Yet no other will point you more
quickly in the direction of a clear, forceful style.
How to do it?
Simply put, tell the reader who is doing the acting, and put
the actor at the front of the sentence. Not the lease was
broken but the landlord broke the lease. Not the
statute of limitations was blown but the plaintiff's
lawyer blew the statute of limitations.
It's almost
magical the way beginning your sentences with the main agency
of action will crystallize your meaning in the reader's mind.
Easy enough?
Then use the active voice in your writing.
Rule #3
Simplify
Half of
writing--in many cases, more than half--is rewriting. Often
we're uncertain about what we meant to say until we've read
over our first attempts to make our meaning clear on paper.
As you write and
rewrite, remember that nothing is sacred. Cut. Prune. Shorten
your sentences. Discard the complex and replace it with the
simple.
Get rid of the
lawyerly verbosities, the pompous mumbo jumbo, the unnecessary
legal jargon.
Don't be
embarrassed to rely on one and two-syllable words. Use bullets
to set off lists of information.
Ironically,
keeping it simple is one of the most difficult things about
good writing. Work at it. Your readers will thank you for it.
Rule #4
Make Generous Use of Headlines
A page full of
solid text will scare off your readers. Better to break things
up with headings and sub-headings that provide a road map to
comprehension and, as an added benefit, give relief for eyes
grown weary of blocks of text.
An example is
the way I've organized this article. It works just as well
with legal writing.
Keep your
headlines punchy, and try to incorporate your own spin as an
advocate.
Not The Three
Elements for Recovery under the False Claims Act but Plaintiffs
Fail to Prove The Three Elements . . .
Remember: it's
not enough for your writing to be pleasing to the ear. It
should also be pleasing to the eye.
Rule #5
Rely on a Personal Editor
A rule that's
good enough for newspapers, magazines, and book publishers is
good enough for you. Let someone else read your important
briefs and pleadings before you rashly file them with the
court.
Make use of an
associate, your secretary, your spouse--anyone who can give
your work a fresh reading with an unjaundiced eye.
Aim to make your
writing accessible to legal novices. Even if you miss the mark
from time to time, you'll begin naturally to favor the simple
construction over the complex.
Ask your readers
these questions: Does it make sense? Is it clear? Have I
convinced you that I'm right?
If necessary,
rewrite.
Then let it rip!
With use of
these five rules of thumb, many other hallmarks of the good
writer will follow naturally--an authoritative voice, a
pleasing style, and with luck, the right result.
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