1. Q UINCY COLLEGE Paralegal Studies Program Paralegal Studies Program Legal Research & Writing LAW-215 Legal Writing Skills Part Two: Strategies for Effective Writing

2. The Five Hallmarks of Effective Legal Writing 1. Precision 2. Clarity 3. Readability 4. Brevity 5. Order

3. The Plain Language Initiative Writing should be reader-oriented, clearly showing the author is writing to the intended reader; Writing should be reader-oriented, clearly showing the author is writing to the intended reader; Writing should use natural expressions, using commonly known and used words; and Writing should use natural expressions, using commonly known and used words; and Documents should be visually appealing. Documents should be visually appealing.

4. Guidelines for Plain English Use short sentences. Use short sentences. Use definite, concrete, everyday language. Use definite, concrete, everyday language. Use the active voice rather than the passive voice. Use the active voice rather than the passive voice. Use tables and lists to present complex information. Use tables and lists to present complex information.

5. Guidelines for Plain English Avoid jargon and highly technical terms (e.g., “legalese”). Avoid jargon and highly technical terms (e.g., “legalese”). Avoid multiple negatives. Avoid multiple negatives. Avoid weak verbs, abstract terms, and superfluous words. Avoid weak verbs, abstract terms, and superfluous words. Enhance readability through attractive design and layout. Enhance readability through attractive design and layout.

6. Precision

7. Word Choice “A” v. “An”: “A” v. “An”: Rule: Use “a” before a noun which begins with a consonant sound, and use “an” before words that begin with a vowel sound. Rule: Use “a” before a noun which begins with a consonant sound, and use “an” before words that begin with a vowel sound. Examples: Examples: a bus, an elephant a bus, an elephant But: an honor, a university But: an honor, a university

8. “Affect” v. “Effect”: “Affect” v. “Effect”: Rule: Generally, “affect” is the verb, “effect” is the noun. Rule: Generally, “affect” is the verb, “effect” is the noun. Hint: The effect Hint: The effect Exception: “effect” can be used as a verb meaning “to bring about.” Exception: “effect” can be used as a verb meaning “to bring about.” Example: They aimed to effect some new policies. Example: They aimed to effect some new policies. Word Choice

9. “Less” v. “Fewer”: “Less” v. “Fewer”: Rule: “Less” is used with mass nouns. “Fewer” is used with things that can be counted. Rule: “Less” is used with mass nouns. “Fewer” is used with things that can be counted. Examples: Examples: less sand, less water less sand, less water fewer people, fewer calories fewer people, fewer calories Word Choice

10. “Mutual” v. “Common”: “Mutual” v. “Common”: Rule: Mutual = reciprocal, while common = shared by two or more. Rule: Mutual = reciprocal, while common = shared by two or more. Examples: Examples: mutual love, respect, hatred mutual love, respect, hatred common interests common interests Word Choice

11. “None”: “None”: Rule: “None” can take either a singular or a plural verb. Rule: “None” can take either a singular or a plural verb. Hint: if “none” is followed by a singular noun, use the singular. Hint: if “none” is followed by a singular noun, use the singular. Examples: Examples: None of the building was painted None of the building was painted None of the guests were there when... None of the guests were there when... Word Choice

12. “That” v. “Which”: “That” v. “Which”: Rule: Use “that” and “which” for things; use “who” for people. Use “that” for restrictive clauses and “which” for nonrestrictive clauses. Rule: Use “that” and “which” for things; use “who” for people. Use “that” for restrictive clauses and “which” for nonrestrictive clauses. Example : Example : The defendant’s truck, which does not have oversized tires, was identified as the one... The defendant’s truck, which does not have oversized tires, was identified as the one... Word Choice

13. “Whether”: “Whether”: Rule: Do not use “or not” unless you want to convey the idea of regardless of whether. Rule: Do not use “or not” unless you want to convey the idea of regardless of whether. Examples: Examples: He did not know whether to go. He did not know whether to go. We are going to have class on Friday whether or not there is a hurricane. We are going to have class on Friday whether or not there is a hurricane. Word Choice

14. “Among” v. “between”: “Among” v. “between”: Rule: Use “among” when there are more than two people. Use “between” when discussing two objects or people. Rule: Use “among” when there are more than two people. Use “between” when discussing two objects or people. “Different from” v. “different than”: “Different from” v. “different than”: Rule: Use “different from” unless the sentence seems awkward. Rule: Use “different from” unless the sentence seems awkward.

15. Word Choice “Supposed to” and “used to”: “Supposed to” and “used to”: Rule: Remember to include the final “d.” Rule: Remember to include the final “d.” “Who” v. “whom”: “Who” v. “whom”: Rule: Use “who” in most subject positions, and “whom” in most object prepositions. Rule: Use “who” in most subject positions, and “whom” in most object prepositions.

16. Common Errors: Common Errors: “All right”... NOT “alright” “All right”... NOT “alright” “Criteria” (plural) v. “criterion” (singular) “Criteria” (plural) v. “criterion” (singular) “Imply” v. “Infer”: The author implies, the reader infers. “Imply” v. “Infer”: The author implies, the reader infers. “Regardless”... NOT “irregardless” “Regardless”... NOT “irregardless” Word Choice

17. More Common Errors: More Common Errors: “Disinterested” (impartial) v. “uninterested” “Disinterested” (impartial) v. “uninterested” “First” v. “firstly”: use first, second, third “First” v. “firstly”: use first, second, third “Historic” v. “historical” “Historic” v. “historical” “Mitigate” (extenuate) v. “militate” (to have an effect on) “Mitigate” (extenuate) v. “militate” (to have an effect on) Word Choice

18. Readability

19. Identifying Active and Passive Voice Active voice Active voice The subject of the sentence is doing the action described by the verb. The subject of the sentence is doing the action described by the verb. Example: Example: The judge overruled the objection. The judge overruled the objection. (subject)  (verb)  (direct object) (subject)  (verb)  (direct object)

20. Identifying Active and Passive Voice Passive voice Passive voice The subject of the sentence is having the action of the verb done to it. The subject of the sentence is having the action of the verb done to it. Example Example The objection was overruled by the judge. The objection was overruled by the judge. (subject)  (verb) (subject)  (verb)

21. Why Active Voice Is Generally Preferred 1. More concise. 2. Uses a more vigorous verb. Examples: Examples: The plaintiffs filed a complaint in the Superior Court. The plaintiffs filed a complaint in the Superior Court.v. A complaint was filed by the plaintiffs in Superior Court. A complaint was filed by the plaintiffs in Superior Court. (the auxiliary verb “was” and the preposition “by” dilute the energy of “filed.”)

22. Why Active Voice Is Generally Preferred 3. It allows information to be processed more readily. Which can you process faster? Which can you process faster? The deposition must be offered into evidence by the defendant’s attorney. The deposition must be offered into evidence by the defendant’s attorney.OR The defendant’s attorney must offer the deposition into evidence. The defendant’s attorney must offer the deposition into evidence.

23. Effective Use of Passive Voice 1. Agent unknown. Agent = person or thing performing the action. Agent = person or thing performing the action. Example: Example: A portion of the tape was erased. A portion of the tape was erased.

24. 2. To purposely obscure agency. Example: Example: Toxic fumes were ventilated out of the plant between 2:00 and 3:00 a.m. Toxic fumes were ventilated out of the plant between 2:00 and 3:00 a.m. Effective Use of Passive Voice

25. 3. To emphasize the deed, rather than the doer. Examples: Examples: A cure for Alzheimer’s disease has been found. A cure for Alzheimer’s disease has been found. All four defendants were convicted of first degree murder. All four defendants were convicted of first degree murder. Effective Use of Passive Voice

26. 4. To keep the focus of the writing where it belongs. Example (from a paragraph about a mistake in a contract): Example (from a paragraph about a mistake in a contract): A mistake can also be attributed to the school for believing the price of playground equipment included installation. A mistake can also be attributed to the school for believing the price of playground equipment included installation. Effective Use of Passive Voice

27. 5. To provide a stronger link between two sentences or clauses. Example: Example: Under our statutes, contracts for the sale of goods are regulated by the UCC. The UCC outlines the requirements for a valid contract for the sale of goods and.... Under our statutes, contracts for the sale of goods are regulated by the UCC. The UCC outlines the requirements for a valid contract for the sale of goods and.... Effective Use of Passive Voice

28. Active Or Passive Voice? Does your sentence fit into one of the five categories of effective passive voice? Does your sentence fit into one of the five categories of effective passive voice? If not, active voice will probably be more effective. If not, active voice will probably be more effective.

29. Sentences Vary sentence length for increased readability. Vary sentence length for increased readability. Avoid extremely long and convoluted sentences. Avoid extremely long and convoluted sentences. Hard to follow Hard to follow Creates ambiguities Creates ambiguities Check for subject-verb distance. Check for subject-verb distance.

30. Brevity

31. Brevity Avoid unnecessary words. Avoid unnecessary words. Use “concrete” terms. Use “concrete” terms. Say 6’2” rather than “tall” Say 6’2” rather than “tall” Say 84 MPH rather than “driving fast” Say 84 MPH rather than “driving fast” Avoid redundancy. Avoid redundancy. Example: “Reason... is because...” Example: “Reason... is because...” This is redundant!!! This is redundant!!! Do not say “the reason is because...” Do not say “the reason is because...” Simply say “the reason is that...” Simply say “the reason is that...”

32. Order

33. Structure Use linear structure. Use linear structure. Example: Example: Paragraph 1 – Thesis Paragraph Paragraph 1 – Thesis Paragraph Paragraph 2 – Background of the Topic Paragraph 2 – Background of the Topic Paragraph 3 – Point 1 Paragraph 3 – Point 1 Paragraph 4 – Point 2 Paragraph 4 – Point 2 Paragraph 5 – Point 3 Paragraph 5 – Point 3 Paragraph 6 – Refutation of Counter- arguments Paragraph 6 – Refutation of Counter- arguments Paragraph 7 – Conclusion Paragraph 7 – Conclusion

34. The Thesis Paragraph Begin by stating your thesis. Begin by stating your thesis. The Thesis Paragraph: The Thesis Paragraph: Sets forth the purpose of the document Sets forth the purpose of the document States the issues States the issues States the conclusions States the conclusions

35. Paragraphs Use effective paragraphs. Use effective paragraphs. Most start with a topic sentence: Most start with a topic sentence: Introduces issue(s) and sub-issue(s) Introduces issue(s) and sub-issue(s) Connects back to the thesis paragraph Connects back to the thesis paragraph Make paragraphs self-explanatory and don’t assume knowledge on the part of the reader. Make paragraphs self-explanatory and don’t assume knowledge on the part of the reader.

36. Headings In longer writings, divide the document into sections and smaller sub-parts as needed. In longer writings, divide the document into sections and smaller sub-parts as needed. Use informative headings and subheadings to guide the reader through the information by making your organization explicit. Use informative headings and subheadings to guide the reader through the information by making your organization explicit.

37. Transitions Connect sentences, paragraphs, or ideas with a transition word or phrase. Connect sentences, paragraphs, or ideas with a transition word or phrase. Examples: Examples: Words:  However  Therefore  Additionally  Thus  Also Words:  However  Therefore  Additionally  Thus  Also Phrases:  For example  On the other hand  In conclusion Phrases:  For example  On the other hand  In conclusion

38. Legal Writing Skills End of Part Two