Second, pay attention to the end of sentences. The end is underlined; This is what your reader remembers. So put at the end what you really want your reader to remember. Watch how changing the endings of these sentences changes the idea being emphasized: shortening sentences is the fastest way to make your writing more concise. Since legal writing often involves complex concepts, it can be tempting to reflect this complexity in long sentences that pile up several ideas together. Fight this temptation. In fact, it`s a good way to formulate an easy-to-understand sentence to ensure that the subject, verb, and subject of the sentence don`t stray too far from each other. (See www.sfbar.org/blog/legal-writing-tip-mind-the-gaps-between-subject-verb-and-object/) You can avoid fragments of this type by making sure that when you start with a child word (for example, except because, when, if, etc.), you include enough information in the sentence to create a complete thought. Although this sentence is grammatically correct, it is difficult to understand. Wydick analyzes it for us by breaking down the five pieces of information it contains. It lists them in the following order: In a jury trial, if it furthers the convenience of witnesses or the objectives of justice, the court may, on the application of a party after notice and hearing, make an order no later than after the conclusion of the pre-trial conference in cases where such a pre-trial conference is to be held. or, in other cases, no later than 10 days before the date of the hearing, the hearing on the question of liability precedes the hearing on another issue in dispute.
«Replacing one decision-maker with another can lead to a different outcome, but by no means to a more `correct` outcome. So also here. – Judge John Roberts Finally, think about the topics you choose and where you place them. Who holds this specialist position is important. Choose topics that people can view or connect with, such as people or objects. Try to make sure the topic is included in the first five or six words of each sentence so your reader doesn`t get lost. and start at least a third of your sentences with the subject. Here is Wydick`s paraphrase of the convoluted sentence: These are just a few examples of the many forms of sentences you can learn. And everyone has their advantage. As a general rule, the best way to avoid creating sentence fragments is to ask yourself when writing a sentence, «Does this sentence, which is self-sufficient, express a complete thought?» If not, check which items are missing. Nominalizations are nouns formed from other parts of the language – words such as explanation, calculus, and viability. They pose particular problems for writers seeking brevity.
First, they are usually longer than the verbs or adjectives from which they are formed (settlement versus establishment, viability versus viability). They also require us to add extra words to make sentences grammatically correct. Take, for example, this sentence: criminal proceedings generally take place in three distinct phases. First, the state determines whether a suspect should be arrested and charged. According to the indictment, the suspect is on trial, but is presumed innocent until found guilty by the court or pleads guilty. After sentencing, the court imposes a sentence. The desire to fend off possible misinterpretations and to be as precise as possible probably explains the legal habit of cramming so much information and detail into a single sentence that it is inflated by several sentences in several clauses. Although the result may be grammatically correct, consistency and comprehensibility are lost. Such a construction requires even those with legal training to read the sentence several times before realizing it.
By not serving our thoughts in easily digestible units, we are doing our readers (and ourselves) a disservice, especially in times of increasing time pressure and diminishing attention span. Communicating meaning quickly should be our priority. The use of sprawling, convoluted phrases — in legal briefs, court arguments, court opinions, bylaws, and transactional documents — has a long tradition in legal writing. Second, the sentence contains so many words between subject, verb, and object that it «puts [our] memories to the test,» as Wydick puts it. As a result, most of us have to check it two or three times to fully understand it. The subject (judgment) appears in the seventh word, but then we have to work our way through another 25 words to arrive at the verb (to do). The first part of the object (an order) immediately follows, but the rest begins to appear only with the word 68: that. When we come to the critical part of the object – the words that tell us what kind of order the author is talking about (the one that orders that the trial on the question of responsibility precedes the trial on any other issue of the case) – we have forgotten the subject and the verb and must look in the previous words, to find them.
To make it a complete sentence, you need to add a verb. If you want to tell a simple and direct action, try: One type of composition technique you can practice is sentence form. I love the «positive cluster» form, which uses a group of examples to illustrate a concept: one of the easiest ways to shorten sentences while keeping the flow between them is to start more sentences with buts and ets. Forget what you may have learned in school; Starting sentences with conjunctions is not only grammatically correct, but also good practice. Great writers do it all the time. Take the 2018 Supreme Court decision in Sessions v. Dimaya. Justice Elena Kagan began nearly 50 sentences with But or And in her 25-page majority opinion, while Justice Neil Gorsuch did so more than two dozen times in his 18-page agreement. Avoid introductory sentences that are not necessary.
You waste your reader`s attention and make your sentences a burden: the remedy was simple: divide the long convoluted sentence of five thoughts into five sentences – each containing a thought expressed in about 20 words and organized in a logical order. In a jury trial, the court may order that the question of liability be heard before any other issue. The court may make such an order if it is for the convenience of witnesses or justice. The court may issue the decision at the request of a party after notification and hearing. In the case of a pre-litigation conference, the court may make the order no later than the end of the conference. In a case without a pre-trial conference, the court may make an order no later than ten days before the hearing date. First of all, pay attention to the beginning of sentences. The launch prepares your reader for all of the following. Invite your reader into your sentences with simple, familiar words that reassure them. To do this, (1) avoid introductory sentences, (2) start sentences with short words, and (3) start sentences with familiar words. The whole is a real power plant; It`s true.
When we think of great writers, we often remember their greatest phrases. Take Abraham Lincoln. You may remember some of his most memorable phrases. Perhaps this one that seems just as relevant today as it was in the 1800s: Joe Regalia teaches at Loyola University School of Law, Chicago and practices at the law firm of Sidley Austin LLP. The views he expresses here are solely his own and are not intended to be legal advice. Check out his other articles here. Short and simple language is the hallmark of clear and concise writing. So look for places where you can remove longer, more complex words from your newly truncated sentences. But it`s not just about removing esoteric terms and legal language – and concomitantly, so far, disputes. That goes without saying; This is the simplest thing. What is more difficult is to remove common expressions that are longer than they should be. Wherever you can save, it`s a plus: fewer letters, fewer words, fewer syllables.
Here are some common legal writing phrases and their shorter, simpler substitutes: While the first sentence here is complete, the second is not – it lacks subject matter.