Defying Precedent: The Army Writing Style

• Author: Major Thomas Keith Emswiler
• Pages: 03

All of i~s,

from the Chifl on down, wed io improve o w skzlls Learning to write well is a lifelong endeawr

General John A. Wickham. Jr.

Chief of Staff,Umted States Army, 12 Dec 85 I

I Introduction

Book reviews often note. "a great book, for a first novel ' The writing 1s goad, it shows promise. but it LS not fully mature. Perhaps, with later novels, the author's writing u,ili mature into something truly amthy of praise. Indeed, many reviews of the lifework of a particular author point to the time when the author had fully matured, had mastered the craft of writing

General Wlckham's comment. ' Learning to write well IS a lifelong endeavor," 1s timeless,z and appiies to novelists, letter writers, and judge advocates alike.

Regardless of purpose, all writers write for an audience and will

better serve their audience if they become better writers. Writers uho do not work at improving their uriting may find that their skills have stagnated. perhaps dimmished Lawyers, in part~cular. often

'1 am the Chiel Cammunirsfions Branch The Judge .Ad%ocafe Generavr School. Lnaed Stares Army Iam a graduate a1 The Judge Ad\ocafe General s School Umted Stater Arm) (LL >I 1081) and of The Ohm Stale IJmwrsif~ (J D . 1982 and B A , 1078)

~DLP

T ,IF Aaw P&\IPHLET

800-67 E n ~ c m i ~

Wnrrlro _R ARW LFIDIEI Fore word(2 June 1086) /heremafter DA P~U600-6il

S ~ L E

2 (?d ed 19601

write less effectively than they once did. Although most lawyers think they write weii, many don't. Instead of writing plainly and clearly, many lawyers write in the ponderous, lifeless style known as"legalese." Because lawyers see so much "legalese" they erra-neously believe that this style of writing 1s proper. Additionally, judge advocates are exposed to "bureaucratic" writing--a Style of writing common to bureaucrats which shares many of the same faults common to the writing of lawyen-which further aggravates the effect of exposure to "iegaiese:'

Consequently, all writers must constantly remess writing skills. All writen-to include judge advocates-can improve their writing. Adhering to the Army Wnting Style can help us to do that. In general, the Army Writing Style advances principles that are astimeless BE those advanced by General Wickham. Following these principles makes for better writing in any context

11. Army Programs Aimed at Improving WntingIn the mid-I980s, the Army initiated several programs to

improve the writing of soldiers and civilian emplayees.3 These programs included estabiishing the Army Writing Off~ce,~ dispatching

writing teams to a number of posts, and implementing regulatory guidance Despite these efforts, many soldiers and civilian employees still write poorly, Many are unaware that the Army has established a mandatory Army Wntmg Style 6

The Judge Advocate General's School, United States Army (TJAGSA),' ha4 taken similar Steps to improve the writing of Army iawyers.8 Like other members of the Army, many judge advocates

8DEF'T OF ARMY, REO 800-70, THE ARMY W-RmhC PRam~v

(6 Apr 1885) [here-inafter AR 600-701, suwseded by DES T OF A n m REG 25-50, I N ~ R M A T I O ~

MANADE-

Apr 1885) [hereinafter AR 25-50]

Army Rewioi~on 600-70 eitabllshed the "Amy Wnnlmg P~osam" and -1ped reswonnbdrty far its impiemenfatm See ais0 Thomar w mylor, Plain Engldhjor AmyLowy~rs,l18MIL L REP 217. 235(1987).'AR 500-70, mpro "ate 3. para 2c. Thir regularion directed the Commanding General United Stares Army Tranmg and Doernne Command, to erfabliah an Amy Wriflng Offlee

L A n y Regiihlion 15-50 eifablished the 'Aimy Wnting Style ' AR 25-50.

"Adherenceto the Aims WnflngSLyle ismandaraw Id para I-lib supronote3,eh l , § l V

tmna progm. This pmgsm ineludea elassroam lnifru~tmn and gaded rriling and

MEVT PnEPAnlNo Ah0 MAVAOIND CoRRESPohDEVCE (I

write poorly Nevertheless. both basic and graduate course students at TJAGSA frequently Comment that they do not need instruction on writing Q Most are wrong. A recent survey of graduare course graduates and judge advocates in supervisory positions indicated that they believe TJAGSA's communications progmm is vital and should be expanded 10 Accordingly. Judge advocates should heed General U'skham's admonition that he all can and must ~rnprove our wnang skills In the second part of this article I will discuss the Army \Yntmg Style and explain how it can help makeJudge adbocates become better writers I will start. however, with a discussion of why good writing is important and why lawyers are poor writers

I11 Why \Vrite Wll?

Legal urittng is0,ieof those rare meatures, like the roto? the cockroach. fhnt would attract imle sympathy ecen asan endangeredspeczes.

Richard Hyland"

[Llyal an~lyszs,

M matter hou brilliant, is only weful Gf tt IS communicated u,ell.

Michelle S Simonlz

Lawyers are notorious for bad nriting.13 Yet few lawyers con- ipeaking requsemenir The cammunicatianr program C O ~ S ~ I I U ~ ~ P

more credit houri than an) orher eaur~e at the rchool THE J~aar

Aaiamr GE~ERAL

S L R M ~ R ~

(19941 (on file airh the author1 Since 1954 the Basic Course at TJAGSA hm included initruetion I" milllap correspondence and writing mlliraw research and blbliogaphi, and militan Speaking Baric course ifudenfr also muit complete m msignmenf that the facult\ eialuater for bath research abrht, andunrmnabhtr Id

CUMW\ICITIO\& PROGRIV PROGRAY

5 SLIKUL U S .%an,

sider good wnting to be of legal significance. These lawyers are wrong. We live and die by our communications. We draft documents, write letters, file briefs, argue before courts, and advise clients. Virtually everything we do uses language. We express much of that language in writing. How we express that language often will determine the result. if we communicate effectively, we are more likely to achieve our ends.14

Consider a letter wntten to B client. If the client cannot understand what we have wntten, the client will be unable to fallow our advice. Additionally, others may seek to prove meanings different from what we intended in our writings.1J Consider a will wntten for adient. If we do not express our meaning clearly, the will may be challenged. Even the slightest ambiguity will allow an attorney representing a disgmntled heir to challenge the wii1.16 The case of Chifed States u. Ron Pair Enterprises, lne.17 demonstrates the importance of dear writmg. At issue was the interpretation of a bankruptcy statute.18 A critical issue in this five-to-four decision was the placement of a comma.'*

If the placement of a comma can lead to a five-to-four split in the United States Supreme Court, how we write is Important. What we write also can take on legal significance. We must be concerned

IOVAND L REV. 135 (19871. Steven Stark, whyLau'ym8 Can't WnU. 97Hm1 L RE! 1388 (1983-S4] Comedian Will Rogers said "The minute you read Jomethrng and you can't understand ~f you can be sure !Iwas written by a lawher" b e d

%n ROBEP-T 8.S\lrm,ni~Lrn~1rrL*~'u~n18(2ded

"Amy Pamphlet 600-67, &fectz~v Wrilrng /m A m y Laodprs states ''a Leadera lose $00 much time ~apphngwith poor wntlng b Poor anting hinders decrsrons ' DA Pis 6W-61,mpa note 1, para 2-1. The pmphlef point3 out that Armyleadersmusf. "a lssueguidaneetoesfabhl uniform, effeetlreJtandsrdi h Bes mentor Io your subordinates e. Show the new standards using aefs of exam-plea" Id. para 2-3 Judge advocates have a responsrbihty to serve as mentors to enlisted ioldiersandjuniorafficersand toteachthem howfo mpmue their writing l3"U'hen a lawyer wnfes if u often far an audience that wUI do if9 belt to fuid the weaknever m the prase. even perhapa to fmd ways of furmng the words agamt their mknded mealilng' G E D ~ E

l3"U'hen a lawel wnfes if u often far an audience that wUI do if9 belt to fuid the weaknever m the prase. even perhapa to fmd ways of turmng the words agamt their mknded mealilng' G E D ~ E

D WPC~

Wnmo Fmr A LECAL P E n r P E r n l(19811 Seaabo W E I H O I P ~ . N P ~ . ~ O I ~ ~ , ~ ~ ~ (

'mhelawermu~twnteuicanrranrfearofwhatremlghte~fhereaderuibadfaah,themanloo*ulgforloopholor ' I

'bDlekenr's novel, Bleak H m e , presents B port~ut of such a challenge and lUuslrafei the lmpartance of clear writing In Bleak House. B w~ll

D WPC~

eeu~ieof generations At Chancery when the matter 1s finally Jectled, "mest bundles af mer heman to be earned out-bundles in barn bundles too lame to be 101 into

eeu~leof geneiatlonr At Chancery when the matter 1s flnally Jectled, "meat bundles af mer heman to be earned out-bundles in barn bundles too lame to be 101 lilt0

l-Unifed Staleev Ron Pair Enlerpnaei. Inc , 489U S 235119891.

I*_loid See oh0 Richard C Wydlck. Should Lawyms A m c t u l * , 1 SCRIBES J. LEO.

L8,2311880)(concludmgthatlawyersuiuitheatfentlvetopunetuarion

and must adhere to the d e s of standard EngJah)

Wnmo Fmr A LECAL P E n r ~ ~ r n l(1981)

Seaabo W E I H O I P ~ . N P ~ . ~ O I ~ ~ , ~ ~ ~ (

'mhelawermuJtwnteuicanrranrfearofwhatremlghte~fhereaderuibadfaah,themanloo*ulgforloopholor ' I

'bDlekenr's novel, Bleak H m e , presents B port~ut of such a challenge and lUuslrafei the lmpartance of clear writing In Bleak House. B w~ll

Y probated over the

Y probated over the

with more than legal analysis:20 we also must be concerned with haw we express our analysis: we must be concerned with how we

We need to translate our thoughts into writing that can be ea~ily understood. Unfortunately, many lawyers either lack the skills necessary to write well or are unwilling to devote sufficient time to writing well 22

IV. Why Don't Lawyers Write Well?

Lawym ham two common failings One is that fhey do m t write well and the other is that they thmk they do

Carl Felsenfeldz3

There are two things wrong with almost all legal writing Oneisitsstyle Theotherisitscontent.

Fred Rodell, 193824

Most first-year law students are poorly prepared to write, and those who can wnte well often will "succumb" to the "verbal horror~of legal language."zj Several theories have been advanced for

'~S~ome1sw)eribeIievethatfheirlegalanalyiisiilhêrlfi~slpan ofrheiraork,

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