Verb-based Writing

• Publication year: 2004
• Pages: 39

33 Colo.Law. 39 Colorado Lawyer 2004.

2004, March, Pg. 39. Verb-Based Writing

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39

Vol. 33, No. 3, Pg. 39

The Colorado Lawyer
March 2004
Vol. 33, No. 3 [Page 39]

Departments
The Scrivener: Modern Legal Writing
Verb-Based Writing
by K. K. DuVivier
C 2004 K.K. DuVivier

K.K. DuVivier is an Assistant Professor and Director of the Lawyering Process Program at the University of Denver College of Law

"Some of our people write horribly. Can you come give a talk to teach them how to write well?" This invitation is one that law firms and professional groups often extend and it raises for me a recurring dilemma. Writing takes constant practice, attention, and vigilance, so the pursuit of lucid writing must be a lifetime commitment. Many habits form in childhood, and change can be painfully incremental.1 What can I say in one sitting that would make any difference

A colleague, who has devoted most of his career to legal writing, has developed an excellent solution. In a recent talk at the University of Denver College of Law,2 C. Edward Good, author3 and "writer in residence" at a law firm,4 delivered a one-hour talk teaching our students that the most efficient way to improve writing is by developing "verb-based style."

Step One - Ferret Out the Verb

The single most important word in most English sentences is the verb.5 Every sentence must have at least one verb, and if a sentence consists of only one word, that word is usually a verb (for example, "Come." or "Look."). Good advises grabbing a marker to search for the most troublesome verb in the English language, the verb "to be." Read through your writing and highlight each time you use one of the following forms of the verb: "am, is, was, are, were, be, been, being." Good uses the following examples of how "to be" often crops up.

As a Conjugated Verb

The SEC (subject) was (form of the verb "to be") the first agency (subject complement or predicate nominative) to address the issue.

The agencies (subject) were (form of "to be") instrumental (predicate adjective) in reducing passengers' injuries.

The law firm (subject) is (form of "to be") near the Metro station (adverb or adverbial phrase).

As a Helping Verb

Progressive Tense = Be +"ing" verb (present participle): We are studying effective writing.

Passive Voice = Be + "ed" verb (past participle) The issue was decided by...