WordRake’s Post

Dear Legal Writer, If you initially say a “van” hit her bike, don’t later refer to the van as an “automobile.” If you initially say the incident occurred on a “bridge,” don’t later refer to it as an “overpass.” And if you initially describe the incident as a “robbery,” don’t later call it a “theft.” Get the gist? 👉 For legal writing, you need to ignore what your grade school teacher told you about always varying your word choice. If you vary a key term, your reader may think that means you are talking about a distinct, second term. —If your reader is confused, they will not find you to be a credible source. —If your reader doesn’t understand what you write, your reader cannot possibly be persuaded by it. —If your reader gets too confused, they may bag your brief altogether and turn to your opponent’s brief for guidance. ▶️ So be consistent when using key terms. Consistency is key in legal writing. ⭐️ BUT: That does NOT mean your brief must be boring, dull, or repetitive in a bad way. There are 2 exceptions to the rule against variation in legal writing. 1️⃣ You should vary “glue words.” “Glue words” = transitional phrases, adjectives, and verbs that give structure to our writing and hold our sentences together —the same way that connective tissue holds our organs together. You can and SHOULD vary glue words. EXAMPLES: Moreover, Additionally, and, but, yet, However, Nevertheless 2️⃣ You should vary “garden variety” words. Garden variety words = words that come up again and again in all legal writing EXAMPLES: “allege,” “argue,” “contend,” “requirement,” “allegations.” *** The key to powerful, persuasive legal writing lies in striking an optimal balance: —maintaining consistency in crucial terms and concepts, but —employing varied and engaging language in the overall structure and flow of the document. And so, vary your “Therefores” and “Thuses,” your “Moreovers” and “In additions,” your “arguments” and “contentions.” But don’t vary the key facts and other terms that make your case unique and distinguishable from other cases. Never risk confusing your reader. 💌 Amanda #DearLegalWriter P.S. What is your favorite glue or garden variety word that you try to vary to keep your reader engaged?

Excellent advice. It is not overly repetitive to use the same terminology to describe the key elements/facts in your brief or your memo. Rather, as noted by the wonderful Amanda Haverstick below it is necessary for several reasons.

“One morning I shot an elephant in my pajamas. How he got in my pajamas I’ll never know.”  Groucho Marx Old joke. But jokes and legal writing don’t mix well. Groucho’s line is a classic example of a misplaced modifier. Modifiers—words, phrases, or clauses—should be right next to the words they modify. If they are misplaced, the reader may mis-read. You want to avoid even a momentary mis-read because it forces your reader to take the time to loop back and re-read your sentence. Take a look at these two sentences: ❎ Under § 8-l 26(a), the Commission may impose a civil penalty on a respondent who engages in a discriminatory practice of not more than $125,000. If the discriminatory practice was the result of the respondent's “willful, wanton or malicious act", the Commission may impose a civil penalty of not more than $250,000. The phrase “of not more than $125,000” in the first sentence does not modify “discriminatory practice”. It modifies “civil penalty”. To avoid the misplaced modifier, the phrase should be placed right next to what it’s modifying: ✅ Under § 8-l 26(a), the Commission may impose a civil penalty of not more than $125,000 on a respondent who engages in a discriminatory practice. In the second sentence, the modifier “of not more than $250,000” is placed correctly, right next to “civil penalty”. Misplaced modifiers can be hard to spot in our own writing. It can be helpful to look at examples of misplaced modifiers (just Google “misplaced modifiers”) and try to correct them. That practice can help you spot and fix your own misplaced modifiers. Two hints to spot misplaced modifiers. Both will help with all of your editing: ►  Get some distance before you start editing. ►  Try reading your writing out loud. Listen to where a sentence sounds awkward—it could be a sign of a misplaced modifier. #legalwriting  #writing  #editing Flickr photo by CheepShot

Rewriting is often seen as a chore, but what if it could be your secret weapon to legal writing success? After all, good writing takes lots of rewriting. While crafting the perfect argument is crucial, revisiting and refining your text can elevate your work from good to exceptional. Revising allows you to cut unnecessary jargon, clarify arguments, and ensure airtight logic. It's not just about finding errors; it’s about enhancing persuasion and compliance with legal standards. For me, rewriting is where my best writing comes out. Often I my first draft is there because I just needed to get words out. I do this because I have a hard time starting, so I just do it. I experience much less resistance when rewriting compared to staring at a blank page. Next time you're finalizing a document, allocate dedicated time for revision. Treat it as an essential step in drafting rather than an afterthought. How has prioritizing revision improved your writing outcomes? Share your thoughts!

As a lawyer, I work with texts a lot, and have gotten a few simple ideas on writing concisely and clearly: 1. Active voice is your friend. "Someone does something" is the clearest phrasing possible. Anything else — gerunds, nouns, passive voice, etc. — slightly obscures meaning, and when put one after another these tropes turn the text into a convoluted and frustrating mess. 2. Proofread on paper. I do not know how to explain this, but I have, on many occasions, proofread a Word document a dozen of times until I was positive it is perfect. However, when I print it out, I instantly see a ton of missed typos. Sometimes I even decide document's structure and logic needs thorough re-writing, or get some other ideas for improvement. 3. Go easy on formatting. Sometimes it is worthwhile to write an important point in a bold or italic font so that it immediately draws reader's attention. I noticed, however, that I easily overdo it, turning the text into a confusing mess. Therefore, I usually aim to highlight just 1 or 2 points per page, each one preferrably shorter than a whole line and with a generous serving of 'plain text' between them. I feel like I have covered just the tip of the iceberg, so if you happen to have some insigts, please share 🙂

One of the biggest challenges in legal writing is maintaining a fresh writing style without repeating annoying, distracting mechanics. ✍ On the other hand, we can’t vary important content that might confuse readers. 🤔 Let’s explore some common mechanics that you can safely vary while steering clear of repeating specifics: 1️⃣ Vary Dialogue Tags If you repeatedly use “plaintiff states” or “defendant argues,” it grates on your reader’s ears. Instead, vary the labels and location of these tags for improved flow. 2️⃣ Vary Transition Words Another common pitfall is leaning too heavily on words like “furthermore,” “however,” and “therefore.” These words are essential, but overusing them makes your writing feel like a list of bullet points strung together. 3️⃣ Vary Prepositional Phrases These are sneaky little culprits of repetition, especially in legal writing. Phrases like “in accordance with” or “with respect to” are often overused and can make sentences feel weighed down. 4️⃣ Vary Your Legal Authority Intros Repeatedly starting sentences with “according to the court” or “as case law states” makes your argument feel clunky. Check out the example to see how to keep it fresh. 5️⃣ Don’t Vary the Content While variety works wonders for your mechanics, your content words—like names of parties, legal concepts, and statutory references—must remain consistent. This is where clarity becomes non-negotiable. Swipe through the carousel 👉 for a deeper look at each tip. - #legalwriting #legal #writing

Dear Legal Writer, Before you write “However,” at the start of a sentence, consider this: ▪️ “I love ‘But’ at the beginning of a sentence, and I never put ‘However’ at the beginning—almost never.” — Justice Antonin Scalia (Garner, 13 The Scribes Journal of Legal Writing (2010), at 60.) ▪️ “‘However,’ is a ‘ponderous’ way to [start a sentence].” — Bryan A. Garner, Garner’s Modern English Usage (2016), at 472. “Ponderous” means slow, clumsy, dull, and laborious. —Yikes! That should be the last way you’d ever want to write! ❓ So, can you use “However,…” to start a sentence or not? Consider these 3 guidelines: 1️⃣ GRAMMAR If you use of “however” to show contrast or indicate a shift in direction, make sure your use is grammatically correct. These are all correct: ✔️ P is this. However, D is that. ✔️ P is this; however, D is that. ✔️ P is this. D, however, is that. This one is incorrect: ❌ P is this, however, D is that. 2️⃣ USAGE The word “however” without a comma means “in whatever way” or “to whatever extent.” E.g., “However he travels there, he’ll be late.” “Do it however you like.” 👉 So unless you intend this other meaning, always use a comma after “however.” 3️⃣ STYLE Advanced legal writers—especially those who do a lot of high-level brief writing or teach on the subject—tend to harbor strong views on whether it’s preferable to start a sentence with “However,…” When we see it, we react: —Yuck! —Yawn! —Middle school! —Frog got your throat? With 3 plodding syllables and a pause for a comma, “However,…” also lacks “oomph.” ⬇️ To avoid these negative results, try one of these alternatives: ▪️ Place “however” (surrounded by commas) in the middle of your sentence. E.g., “Bob aimed for high quality in his posts. Mary, however, strove for consistency. Mary’s approach ultimately begot better results.” ▪️Try one of these other good alternatives for “However,…”: But Yet Still, Even so, All the same, At the same time, By contrast, Best of the bunch tend to be “But…” and “Yet…” (with NO COMMA). “But…” and “Yet…” each save you four letters and a punctuation mark. In a legal brief, that might mean saving several lines of text. Every little bit helps when you’re trying to squeeze into a page limit. I know that using “And” and “But” to start a sentence is what your middle-school teacher taught you never to do. That’s OK. You should be beyond that now!! My rule of thumb is this: Don’t use more than one “However,…” sentence-starter in any brief. 🗳️ What’s your take on the “However” issue? 💌 Amanda #DearLegalWriter

Top 3 Mistakes commonly made in legal writing and how you can avoid them. It would be a taboo to step into this new month making the same mistakes you made last month. 1. Lack of clarity: This is the most common mistake made by most legal writers. Since the days of old I have preached the need for clarity in your legal writing. I will not stop until this word touches the pen of every legal writer. To ensure clarity, avoid using the passive voice. Instead of writing, ‘the culprit was detained by the court’ write ‘the court detained the culprit’ this is much clearer Additionally, refrain from using couplet and triplets. For instance, why use Null and Void in the same sentence when ‘null’ alone would suffice? Our statutes are filled with redundancies- spare your readers in your writing. I will provide more tips on this in the future. 2. Writing Lengthy sentences and paragraphs: Have you noticed that Long sentences and paragraphs make you hesitant to continue reading a book? Same goes to your readers. Never-ending sentences make your writing seem dull. Lengthy paragraphs make it harder to read and scan. To avoid this, keep your sentences around 15-20 words. Structure your paragraph into an introduction sentence, 2-3 supporting sentences and a concluding sentence. 3. Neglecting proofreading, editing and formatting: Most of us can likely attest to feeling tired after writing. Despite this tiredness, never submit your work without editing and formatting. An unedited work is like eating unpicked beans- filled with unpleasant surprises. Make sure to format your document correctly, including using the appropriate font type, font size, line spacing, and more. If needed, hire a professional editor. I recommend Ogo Gladys Amarachi🟤 (THE KEEN-EYED PROOFREADER🔍) Always remember that your writing is for your reader, not just for you. I hope these tips were helpful. Feel free to share your thoughts in the comments. This is my new month present to everyone. Happy new month. If you haven’t followed me yet, click the follow button to receive more premium tips. I am Stephanie Asanya, your exceptional legal writer, dedicated to your growth in legal writing. #legalwriting #writingtips

Legal writing often involves incorporating lists of items into a brief, summary, or memorandum. For shorter lists, one common style tip is to place the longer items in the list at the end: Example 1: ✅ Jimmy enjoys cooking, reading fiction, and shopping for rugs. Instead of: ➖ Jimmy enjoys shopping for rugs, cooking, and reading fiction. Example 2: ✅ Jimmy spends every Saturday cooking and shopping for rugs. Instead of: ➖ Jimmy spends every Saturday shopping for rugs and cooking. Generally, the "why" of this style tip is that longer items in a list (especially those with prepositional phrases) tend to break the reader's concentration, resulting in greater difficulty for the reader in connecting the later items to the subject of the sentence. ✳ I have two caveats--which are also why I refer to this as a "style tip" and not a "rule": ❕ Some writers will suggest simplifying the list so that each item is the same length ("cooking, reading, and shopping"). In certain situations, this is indeed the better choice, especially if the additional details in the list are unimportant. ❕ Don't necessarily follow this style tip if you're placing something last in a list to emphasize it or to help transition to the next sentence. If the next sentence after Example 2 above was "On the day of the robbery, Jimmy was preparing eight different casseroles," having the word "cooking" at the end of the preceding sentence might allow for a better transition. In any event, reviewing the relative length of items in a list is a fairly easy thing to incorporate into the drafting and editing process! 🔹 Want to chat more about legal writing? Give me a call or send me a LinkedIn message! 😄

Most writing experts suggest keeping sentences to an average of 20 words or less. This often aligns with the best legal writers’ briefs. But this is not an exact science; it’s a way to give you a sense about when sentences start becoming so long the ideas tend to trail off and readers start getting lost. If 20 sounds like a small number, it’s not. You can pack a lot into 20 words. Even 20-word sentences can get clunky, causing your reader to lose their way. 👉🏻 Here’s a 20-worder: "The court issued three declaratory rulings that each implicated a different legal doctrine or theory, each in a different way." That’s still a lot of content. We learned about three rulings that each implicated different theories—and in different ways. To be simple, also keep your language in the positive, present, and singular forms when you can. These are usually easier on readers. So instead of: ❎ "Plaintiffs that have brought a claim must not fail to include each allegation." Try sticking with the singular, present tense, and positive voice: ✅ "A plaintiff who brings a claim must include each allegation." Above all, avoid negative constructions, especially multiple negatives in the same sentence or paragraph, such as: “not uncommon” “failed to show inability” “not insignificant” “not uncomplicated” “no small part” “not incapable” “not inappropriate” Instead, focus on positives ⬇️ “common” “showed ability” “significant” “complicated” “large part” “capable” “appropriate” ----- This is another short passage from my upcoming book, Level Up Your Legal Writing (Aspen Publishing 2024). If you find it useful, preorder your copy here: https://write.law/luylw 📖 #legalwriting