72 The Alabama Lawyer 406 (2011). Ten Basic Rules of Writing For New Lawyers.

• Author: By Tracy Juggle Miller

Alabama Lawyer

2011.

72 The Alabama Lawyer 406 (2011).

Ten Basic Rules of Writing For New Lawyers

Ten Basic Rules of Writing For New LawyersBy Tracy Juggle MillerOne of the most important skills a lawyer can possess is the ability to write well. Law firms consistently seek new lawyers with exceptional legal research and writing skills. Every day, cases are won or lost based on written briefs and motions submitted to courts. Law firms and judges expect new lawyers to write well upon graduating from law school. If you are not quite there yet, or simply want to improve your legal writing skills, this article is for you.

1. Change your definition of rough draft.

When an attorney gives you an internal deadline that he or she wants to review a document to be filed at a later date, do not submit a draft that is rough. Somewhere between college, law school and representing actual clients, the definition of "rough draft" must change. Unless you have made other arrangements with your supervising attorney, the draft submitted should be your very best work.

Of course, the draft will need input from the supervising attorney before filing with the court, but do not assume a "rough draft" at a law firm equals the "rough draft" submitted for credit in English 101.

Prior to turning in a draft at a law firm, you should make sure you understand what the partner wants so you do not waste time and the client's money. Before submitting an internal draft, you should have meticulously edited and proofread the entire document-not once but several times. Lack of attention to detail is one of the biggest complaints about a young lawyer's work product. Print the document and review the hard copy to catch formatting and pacing errors not easily detectable on a computer screen. Use a consistent font and typeface throughout the document, or "cut and paste" jobs will be readily apparent. Do not rely completely on spell-check; it will miss words like "statue" when you mean "statute," or worse, "pubic" policy when you actually mean "public" policy. Correctly spell your client's name. Number the pages. Do not expect the partner to correct incorrect grammar, punctuation or other careless errors. Do not tell the partner, "I'll fix the citations later." Cite properly before you submit the draft so the partner can check the weight of authority you rely on in the brief. Most importantly, be absolutely certain you understand the law and have applied the law correctly to your case. Be scrupulously accurate when citing to authority.

You will make many mistakes during your professional career, especially in the early years. But sloppy, careless errors and inattention to detail will eventually earn you a reputation as a sloppy, careless lawyer. Follow through on your "follow through."

Now, as for the grammar, punctuation and style "basics," we have tried to simplify the rules as much as possible. However, some lawyers do not know these basic rules (many through no fault of their own), and our goal is to help them become better writers, and in turn, better advocates for their clients.

2. Learn subject verb agreement.

Rule 2.1-Main Rule

The number of the subject must agree with the verb.(fn1) Use a singular verb with a singular subject and a plural verb with a plural subject.(fn2) One of the most common mistakes occurs at the beginning of pleadings and motions with the phrase "comes now."

Correct:

Comes now the Plaintiff Martin Smith and files this Motion to Compel.

Come now the Defendants Dennis and Mary Martin and file this Motion for Rehearing.

The word "plaintiff" is a singular subject. The word "defendants" is a plural subject. The word "come" is a verb, and it must agree with the subject. If you use "comes now" incorrectly, it can give a judge the impression you have poor grammar skills or did not devote enough time to correct a glaring, careless error. Both are unacceptable in the practice of law.

Interestingly, the modern stylistic trend is to avoid the phrase "comes now" and use plain English.(fn3) Simply begin the pleading "The Defendants Dennis and Mary Martin submit this Motion...." or "The Plaintiff Martin Smith files the following Complaint..."or some appropriate variation. Thereafter, you should use the names of the parties instead of "plaintiff and "defendant,"(fn4) and be consistent in doing so throughout the document.

Rule 2.2-Singular Subjects

A singular subject remains singular even if other nouns are connected to it by with, as well as, in addition to, except, together with, and no less than(fn5)

Correct: The mayor as well as the committee members is going to jail.

Incorrect: The mayor as well as the committee members are going to jail.

Rule 2.3-Compound sentences with singular subjects

With compound sentences connected by or, nor, either or,

or neithernor, the verb may be singular or plural. When both parts of the sentence are singular, the verb is singular.(fn6)

Correct:

Pizza or fajitas is a good choice for dinner tonight. Neither John nor Jacob is going to the dance.

Rule 2.3(a)-Compound sentences with plural subjects

When both subjects are plural, the verb is plural.(fn7 )Correct:

Dogs or cats are excellent pets.

Either the pigs or the chickens need a bath today.

Rule 2.3(b)-Compound sentences with singular and plural subjects

When one part of the sentence is singular and the other is plural, the verb agrees with the subject closer to it.(fn8 )Correct:

Neither the cake nor the decorations cost more than $20. Neither the decorations nor the cake costs more than $20.

Rule 2.4-Collective nouns

A collective noun names a group of people or things. Because collective nouns describe a group that is considered a single unit, they usually take singular verbs.(fn9)

Correct:

The court hears oral argument every other Thursday.

The company manufactures piston engines.

The group meets every other Tuesday.

3. Learn how to make a word possessive.

The possessive form of a word shows ownership or possession. Apostrophes indicate the possessive forms of nouns, as in theplaintiff's motion (singular possessive), or the defendants' answer (plural possessive).

Rule 3.1-Singular possessives

Form the singular possessive of a noun by adding an apostrophe plus an "s" (s).(fn10) Follow this rule even if the final consonant ends in "s."(fn11) This is one of the most misused rules in writing; yet it is one of the most basic.(fn12)

Correct: Burns's Motion to Compel (one Burns = singular subject)

Incorrect: Burns'Motion to Compel

Correct: Adkins's Motion to Strike (single company = singular subject)

Incorrect: Adkins'Motion to Strike

If you feel compelled to place an apostrophe at the end of a word ending in the letter "s," stop and think for a moment. Consider whether the word is singular or plural. If the word is singular (and one company, court, or business is singular) the correct rule is to add an apostrophe plus an "s."

Rule 3.2-Plural possessives

Form the plural possessive of a noun in two steps. First, make the noun plural, and then make the plural noun possessive by adding "s" plus an apostrophe (s'). Likewise, follow this rule even if the final consonant of the plural noun ends in "s."

Correct: The Jameses' lawsuit (indicating the lawsuit of two or more members of the James family)

Incorrect: The James' lawsuit

Correct:The Millers' home (plural possessive indicating the home of two or more of the Millers)

James Miller's home (singular possessive)

Rule 3.3-"Grocer's Apostrophe"

Additionally, avoid the common but "gross" error of using an apostrophe to form the plural of a word.(fn13) "The colloquial term grocer's apostrophe refers to the frequency of this error in shop signs."(fn14) For example, write cheeseburgers-$1.49 instead of cheeseburger's-$1.49. When you need to make a singular word plural, simply add an "s" or "es" as necessary. There is no need to add an apostrophe.

4. Learn to use commas correctly.

Rule 4.1-Excessive Commas

The comma is the most troublesome punctuation mark for many writers. In the first years of practice, new lawyers sometimes draft long, complex sentences in order to "sound smart" and "write like a lawyer." Some lawyers believe sticking several commas in the sentence will instantly make the sentence clear to the reader. Not so. The overuse of commas interrupts the flow of writing and causes the reader to pause excessively and abruptly-like a teenager repeatedly tapping on the brakes of a car when first learning to drive. Try to avoid this practice for the reader's sake.

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