Writing Matters
| Publication year | 2022 |
| Pages | 0062 |
On Brevity
BY DAVID HRICIK AND KAREN J. SNEDDON
This installment of “Writing Matters” will help you be brief.
Legal writers should approach each writing project recognizing the audience and purpose of the text. This recognition informs the countless choices required when composing documents, one of which is what to include and, perhaps more importantly, what can be excluded.
The subject matter sometimes demands a document be long. But that need requires efficient word choice. Even Chief Justice Roberts has “yet to put down a brief and say, ‘I wish that had been longer.’”[1] This installment of “Writing Matters” provides five easy-to-implement tips to be concise.
1 Attempt to utilize shorter verbiage unless there is an absence of an alternative.
Legal writers regularly use technical jargon, Latin phrases, multi-syllable words and long phrases. Regular use doesn't mean that legal writers need to make these choices. Use easier to understand words and, if possible, fewer words. See the chart on page 63 for some examples to search for in your documents.
In addition, you can search for "there are" or "there is." Often sentences with those words can be streamlined: "There are several reasons why this court should affirm the trial court" can be "For several reasons, this court should affirm the trial court." Second, search for words ending in "ion." For example, "The court needs to take all of the circumstances into consideration" can be "The court needs to consider all of the circumstances," and "The party made a motion for dismissal," can be "The party moved for dismissal." Words ending in "ion" often litter legal documents, adding unnecessary length.
These are suggestions, not rules. A document may need the longer phrase or a specific word, but that should be a choice, not a habit. That choice should also be made in light of the fact that including one word excludes another.
2. The passive voice should be avoided.
Avoid the passive voice. Passive voice constructions are longer and increase the likelihood of reader confusion. We have explained before that one easy way to spot the passive voice is to add "by zombies" to a sentence. "The passive voice should be avoided by zombies." A search for the word "by" can help spot these sentences: "The order was entered by the court," can be "The court entered the order."
3. "When you catch an adjective,...
To continue reading
Request your trial