Writing Matters

• Publication year: 2009
• Pages: 0058
• Citation: Vol. 14 No. 5 Pg. 0058

Writing Matters No. Vol. 14, No. 5, Pg. 58 Georgia Bar Journal February, 2009

Improve Your Prose Through Poetic Devices

by Karen J. Sneddon and David Hricik

Oliver Wendell Holmes Jr. wrote that "the law is not the place for the artist or the poet."^[1] While, no doubt, a security deed is not the place to try out a cute metaphor, the law does abound with rich imagery, metaphors, allusions and room for creativity. Just think of the phrase "pierce the corporate veil."^[2]

Your legal writing can be improved by taking advantage of two basic tools of the poet: alliteration and rhythm.^[3] Below is a brief description of these devices and techniques to incorporate these poetic devices into legal writing.^[4]

Alliteration

Alliteration, consonance and assonance are related but distinct concepts. Alliteration is the "repetition of the sound of an initial consonant or consonant cluster."^[5] The traditional tongue-twisters ("See Sally sell seashells by the seashore") exemplify alliteration. Sometimes confused with alliteration are assonance and consonance.^[6] Assonance is the repetition of internal vowel sounds, as in "The rain in Spain stays mainly in the plain." Consonance is the repetition of internal consonants or consonant clusters, as in "pitter patter."

Being conscious of alliteration is critical because it has the potential to confuse and distract. On the other hand, alliteration can increase the power of legal writing. Point headings present a particularly persuasive opportunity for alliteration. Consider the following example:

The employer's rapid, retaliatory reaction trampled Plaintiff's First Amendment rights.

The alliteration infuses the heading with a sense of undue haste, furthering the substantive meaning of the sentence. By following the alliterative phrase with the strong verb "trampled," the point heading underscores the substantive meaning. The key is being deliberate with alliteration and avoiding pervasive reliance on alliteration. Otherwise, the use of alliteration can cause confusion and consternation.

Rhythm

Rhythm is a "cadence, a contour, a figure of periodicity, any sequence of events of objects perceptible as a distinct pattern capable of repetition and variation."^[7]Without bogging you down in "feet" and "iambs,"^[8]rhythm is a musical quality that you can inject into your writing to engage the reader. One famous example of rhythm is "Hiawatha's Departure" from "The Song of Hiawatha" by American poet...