Writing Matters Writing Matters to Clients

• Citation: Vol. 27 No. 4 Pg. 0054
• Pages: 0054
• Publication year: 2022

Writing Matters Writing Matters to Clients No. Vol. 27 No. 4 Pg. 54 Georgia Bar Journal February, 2022

Writing Matters to Clients

This installment of "Writing Matters" discusses some recent cases that highlight the fundamental reason why writing does in fact matter.

BY DAVID HRICIK AND KAREN J. SNEDDON

Our first "Writing Matters" column was published in April 2007. Most of our columns have explained one way or another how to write better. Some have explained why to follow our advice-to avoid ambiguity, to be more concise or simply to use good English. Others have emphasized the importance of reading text closely as part of the writing process: both as part of the proofreading process and to consider how the audience will apprehend a particular text. And yet others have focused on the creation of specific types of documents. Our key message has been that writing and reading with care does in fact matter.

This installment of "Writing Matters" discusses some recent cases that highlight the fundamental reason why it does: poor legal writing can harm clients, and careful reading of text can be critical to their cause. Even sentence construction and punctuation use can be outcome determinative. That is the focus of this installment.

Limiting Use of Long Sentences and Avoiding Run-on Sentences

Complex ideas don't require complex sentences. While long sentences can be an intentional technique to connect a series of ideas, their use may be or the result of a cut-and-paste mistake. Our past columns have noted that sentences exceeding 25 words may pose readability and comprehension reasons. For that reason, short sentences are generally better.

Particularly in litigation, where the time that a court may spend with a text is limited, being precise and concise is critical. In a recent case, the U.S. Court of Appeals for the Seventh Circuit affirmed dismissal of an amended complaint where, among other things, the proposed amendment had at least "23 sentences contained 100 or more words," including sentences "of 385, 345, and 291 words but does not include sentences set off with multiple subsections."^[1]

A long sentence might be a run-on sentence. Run-on sentences are grammatically incorrect, and courts also stress that "they create confusion."^[2] In a recent case involving breach of contract, a party asserted it had no liability because the contract being litigated had required notice and an opportunity to cure before suit, and...