Introduction Why do lawyers write so poorly Words to Use Simple words Familiar words Words to Avoid Words you should never use said aforementioned hereinafter null and void true and correct ID: 1029451
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1. Court Web: Writing WellThomas E. Spahn
2. IntroductionWhy do lawyers write so poorly?
3. Words to UseSimple wordsFamiliar words
4. Words to AvoidWords you should never usesaidaforementionedhereinafternull and voidtrue and correctfree and clear
5. Words to Avoid (cont.)"Intelligent" wordsBad WordGood Wordsubsequent toafterprior tobefore
6. Words to Avoid (cont.)"Litter" wordsofinonfortothe
7. Words to Avoid (cont.)Bad PhraseGood Wordby reason ofbecausefor the reason thatbecausein the event thatifon the grounds thatbecause
8. Specific Rules for Specific Words -- VerbsUse root verbs, not expanded formsExpanded FormRoot Verbhold a meetingmeetimpose a requirementrequiremake a determinationdetermine
9. Specific Rules for Specific Words -- VerbsUse active verbs, not passive verbsPassiveActiveThe interrogatory answers were signed by my client on July 9.My client signed the interrogatory answers on July 9.It was agreed by the parties that the trial would be postponed.The parties agreed to postpone the trial.
10. Specific Rules for Specific Words -- VerbsAvoid "is" verbsWith "Is" VerbWithout "Is" VerbThere were also briefs filed on the laches defense.The parties also briefed the laches defense.The defendant is permitted under Rule 15 to amend his Complaint.Rule 15 allows Smith to amend his Complaint.
11. Specific Rules for Specific Words -- VerbsUse strong and vigorous verbsWeak VerbStrong Verbinitiate litigationsuedoes not agree withdeniesdid not considerignored
12. Specific Rules for Specific Words -- NounsUse names instead of descriptions
13. Specific Rules for Specific Words -- NounsUse the possessiveBad PhrasePossessiveruling of the courtcourt's rulingbrief of appellantSmith's brief
14. Specific Rules for Specific Words -- Adjectives and AdverbsAdjectives and adverbsWithout Adjective or AdverbWith Adjective or AdverbThe property that was condemned is just to the west of Hanover Courthouse.The condemned land lies just west of the Hanover Courthouse.Defendant's arguments are baseless, and this court should not accept them.This court should reject Smith's baseless arguments.
15. SentencesDo not begin your sentences with long clausesWith ClauseWithout ClauseAlthough fraudulent or malicious intent is not a necessary element of conversion, proof of malice is necessary to recover punitive damages.Smith must prove malice to recover punitive damages for conversion.In discussing why he waited from the beginning of 1984 until the beginning of 1985 to file his Complaint in this Court, plaintiff does not provide an adequate justification.Smith offers no justification for his year-long delay in suing Jones.
16. Sentences (cont.)Give the punch line at the beginningPunch Line at the EndPunch Line at the BeginningThe court found the defendant's practice of manufacturing the gun with the new GP2-78 safety instead of the old GP2-80 safety to be reprehensible.The court condemned Acme's use of the new safety instead of the old safety.The plaintiff had reviewed the architect's plans and after an exhaustive survey had found them acceptable.Smith accepted the architect's plans after carefully reviewing them.
17. Sentences (cont.)Keep the subject and the verb close together at the very beginning of your sentencesScattered Verb and SubjectSubject and Verb Close Together at Beginning of SentenceClearly, under New Jersey law, to award punitive damages, a court must find defendant's conduct to be wantonly reckless or malicious.New Jersey courts award punitive damages only if defendant acted with wanton recklessness or maliciousness.The cases plaintiff cites in support of her proposition in her brief involved the laws of states other than Virginia.Plaintiff relies solely on decisions from other states.
18. ParagraphsYour paragraphs should be simple, direct and clear
19. Paragraphs (cont.)The reader should be able to gather 90 percent of your writing's meaning by reading just the first sentence of each paragraph."The Fourth Circuit follows a three-part test.""The statute of limitations also bars Smith's claims."
20. Entire Written Product"Signal" wordssee belowas explained abovethisthatalsosimilarlyon the other handin contrastunlikebut
21. Entire Written Product (cont.)Visual tricksUse headings and subheadings as often as you canUse paragraph breaksUse bullet points down the page to emphasize, separate and highlight lists of itemsUse lists within your sentences, such as (1), (2), (3), or (a), (b), (c)Use all the punctuation our language provides
22. EditingAs you edit, ask yourself:Is there any clearer or more concise way to say this?Is there a more active or powerful verb I can use to convey this idea?Have I placed my subjects and verbs together at the beginning of my sentences?
23. Final TipsWhen you write:Pretend you are explaining something to a nonlawyerRead your writing out loud when you finish editing
24. Measuring Your ProgressUse software to measure objective indiciaCharacters per wordWords per sentenceSentences per paragraphPercentage of passive sentences"Reading Ease""Grade Level"