use of that in legal writing article

In cases involving similar material facts, the writer must analogize the cases to prove that the material facts are similar. 8 See Brannon v. State, 850 So. A version of this column previously appeared in the ABA’s Student Lawyer magazine in September 2006. 2. We call the adjective clauses in sentences one and three essential or restrictive because they restrict—or limit—the meaning of the nouns they modify. Even worse, the reader may gloss over your main points! You also can usually omit “that” if it precedes a simple relative clause. Instead, assume that the reader does not have a detailed knowledge of the law. Witnesseth … . 3. Remember that we should use who and whom instead of which or that in reference to people (and animals with names, such as pets): Which pronoun—which or that—belongs in each blank below? Your legal opponent may have thrown out the baby with the bathwater and sent a fox to guard the chicken coop, but find some other way to say it. And if a sign says “No admission for lawyers and law students,” would you argue that either could go in alone? Start early and make a plan. (Note: Sometimes the passive voice is appropriate– e.g., if you want to deflect attention away from the subject or actor, such as your client. Gary Lucas, professor of law and executive associate dean for administration and finance at Texas A&M University, discusses his research and recommendations around quantitative legal scholarship assessments. Login | Forgot your password, LawCrossing has it all - volume, quality, features and the most important, an instant and organized service. A case from the highest court of another state supporting your position has persuasive value provided that it is good law and in accordance with the weight of authority. The problem with herein is that courts can’t agree on what it means. Don’t assume the reader knows the law. Use it only as educated nonlawyers do. Grammatical expletives are words that are necessary to fill a slot that English syntax requires be filled. “That” additionally should appear after certain verbs, such as contend, estimate and point out. This article originally appeared in the April 2014 issue of the ABA Journal with this headline: “Learn Them and Ax Them: Here are a few suggestions to build your own ‘Index Expurgatorius’.”. (You think my client is well-heeled.) eds., 28th ed. Disclaimer: This column does not create a client-attorney relationship and is not intended as legal advice; nor should it be taken as legal advice. He confessed that they had only slept three hours when they formulated that plan. The archiving policy shall consider what data should/must be retained, for how long, and why. In short, persuading a court to follow precedent, distinguish it, or overrule it — as the case requires to advance your client’s position — is in large part dependent upon credible citations and sound reasoning based upon the citations. Students tell me that they intentionally employ different names for the same thing because sometime in the past an English teacher told them that the practice avoided monotony. For nearly three decades, Dr. Nancy Tuten has taught seminars on writing-related issues to professionals in the public and private sectors, including federal and state government employees, judges and staff members of state and federal court systems, private attorneys, law school faculty and students, and employees in the financial sector. enable legal writing to do this, concluding that there are three such quali-ties: clarity, conciseness, and the ability to appropriately engage the reader. It’s foolish. In the event of a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data, the Business shall promptly assess the risk to people’s rights and freedoms and if appropriate report this breach to the ICO (more information on the ICO website). ‘To inculcate in its members the principles of duty and service to the public, to improve the administration of justice, and to advance the science of jurisprudence.’ This is borne out by Case C.” Use direct quotes on key points. provided that Experts in drafting have long agreed that this phrase is the bane of legal drafting. When citing multiple decisions from the same court, the most recent decisions should be cited first. But it’s far overused in my writing. and gives her the empty box, thus illustrating the intentional use of the vague referent "it." An example of active voice is, “The boy threw the ball.” The subject (the boy) is doing the action (throwing the ball). By Bryan A. Garner. Biscayne Kennel Club v. Board of Business Reg. I’ve drafted court rules, jury instructions, model contracts, car warranties and many other documents. 4. Neither of them was particularly excited about the compromise (. (Or includes and.) These authorities are controlling only if the particular section has been adopted in Florida, but are generally persuasive. 28 Garner, The Redbook at 110-11; The Bluebook §B11, at 22. Contemporaries couldn’t agree, and neither can modern historians. She insisted she wasn’t responsible for the houseplant’s untimely death. 19 Dernbach & Singleton, A Practical Guide to Legal Writing 22. In many legal settings specialized forms of written communication are required. Don’t be afraid to ask for help. What legal issues have you come across with your writing? 2005) as the two main sources of citation rules. You can help accomplish both aims by variety in sentence structure and appropriate placement of the sentence parts. He’s been gone for 21 years. Surely you an apostate of the grammar gods! All rights reserved. Copyright 2020 American Bar Association. Ax these terms from your legal writing. If you are a law student, your legal writing professor is there to help you! They like the here and there words—apparently unaware of the ambiguities they’re creating. But opting out of some of these cookies may have an effect on your browsing experience. Most companies save an average of 36% annually by outsourcing their content writing needs to us. He enthusiastically declared that he would stop procrastinating tomorrow. For your legal writing to be effective, you must not only make your ideas clear but persuade your reader to your viewpoint. 1. Use the active voice. Are you writing a persuasive brief to a court? One can imagine that a technical legal article, meant to attract lawyer-clients, might belong in a legal publication. You shan’t regret it. Think of all the ‘time’ it saves when used in this manner. Required fields are marked *. First, it’s important to know when “that” is really needed in a sentence. Who Else Is Ready to Never Have to Worry About Recessions and the Legal Job Market Again? I now know I often use “that” correctly. ”. You wouldn't compare apples and oranges, so avoid comparing incomparable things in your legal writing. His articles on legal search and placement are read by attorneys, law students and others millions of times per year. Stay Ahead. To the educated nonlawyer, it means of that kind. Our house [that has a red door and green shutters] needs painting. “Usually no more than two or three are necessary, particularly if those cases cite others.”22 When a string of citations is used, it is more persuasive with proper use of introductory signals and explanatory parentheticals that explain the relevance of each citation. This word frequently attaches dependent clauses to independent clauses, and it is strictly necessary if a clause begins with certain subordinating conjunctions, such as before, while and in addition to. In this post, we outline five important “Do’s” and five “Don’ts” that you can follow to improve your legal writing. It seems just as important that we work to avoid misreadings in all writing, not only in situations when a legal ruling might be at stake. Once you become a subscriber you will have unlimited access to all of LawCrossing Job Seeker's articles. Only LawCrossing consolidates every job it can find in the legal industry and puts all of the job listings it locates in one place. “Good research is identified openly. In the case of sentence three, they tell us that we are talking ONLY about the classrooms that were painted over the summer—not the others. It was basically my new, written version of “like.”, While phasing out “like” was pretty simple, removing unnecessary uses of “that” from my writing proved challenging because this word legitimately belongs in many sentences. I thought I was succeeding on this front for years, until I started doing freelance writing assignments for a client who wasn’t a fan of superfluous words, including “that.” Then, I learned just how guilty I was of overusing the word “that” in my writing. Thank you for this enlightening article. Make sure that you go into the meeting with specific inquiries, you will get more out of it and the professor will appreciate that you are properly prepared. Throughout law school and early in your legal career, it’s important to regularly review the fundamentals of legal writing so you don’t make avoidable mistakes. Carlos gave Maria a study guide for material. It’s a legalistic way of saying “Heads up!” Just cut it. In this section? Harrison is the founder of BCG Attorney Search and several companies in the legal employment space that collectively gets thousands of attorneys jobs each year. . Use ordinary English words: in this agreement may be two extra words, but it’s more precise. ); 4) the signal that indicates background material (see generally).35. a. This is a big mistake. Last updated 1/29/19 Explain the law clearly and concisely. Easy-to-integrate peer review, production, and open access publishing solutions to help further your mission. Persuasive citation of legal authority is an essential part of legal writing. Hmmm. They think it’s the imperative mood of the verb. Employers on public job boards get flooded with applications. By using our website you consent to our use of cookies. You’ll almost never need to create a legal fiction. 5 Don’ts of Legal Writing. If the question is an open one, a well-reasoned trial court decision supporting the proposition will be persuasive provided that its reasoning is in accordance with the major weight of authority. 4. If you’re looking for help on grammar rules, check out some of our other GrammarSpot posts. See, e.g., Hale v. Shear Express, Inc., 946 So. If you’re a native speaker, you can probably intuitively identify many of these verbs. Those metaphors are so stale that they have lost their vigor. 2. Expressions in court’s opinion which go beyond the facts before court and therefore are individual views of author of opinion and not binding in subsequent cases.” Black’s Law Dictionary 236 (abridged 5th ed. Rather than saying, “the defendant wasn’t at the scene,” it is better to say, “the defendant was not at the scene.”. You should also make a writing plan. You won’t either. When you’re trimming unnecessary uses of “that” from your writing, be sure to pay attention to sentences where it appears multiple times or even twice in a row. The avoidance of monotony may be of prime importance in much writing, but not in legal writing, where clarity is of prime importance, and the reader may well assume that different names refer to different things. Court decisions involving identical facts are, of course, the most persuasive. Consequently, as you develop your citation plan, you must have a clear grasp of the source of legal authority. In this sentence, therefore, the adjective clause is essential to the meaning of the sentence. Each new article will be delivered to your e-mail address. In fact, same is the source of an ambiguity in the U.S. Constitution so severe that a constitutional amendment had to cure it. Then I say that my client is constantly buying such property. Choose Your Citations Based Upon the Hierarchy of Authority The primary source of your legal authority will usually determine your most persuasive authorities. The information in the adjective clause is, therefore, essential to the meaning of the sentence, so we use. – “The doctor said I’m contagious, so I’m not allowed to work this week.”. Access to personal data shall be limited to personnel who need access, and appropriate security should be in place to avoid unauthorised sharing of information. The word deem should create a legal fiction, not state the truth. a. LawCrossing has received tens of thousands of attorneys. Carlos gave Maria notes from chapters 3 through 7 _________ were going to be on the test. For this reason, you should be careful of the word “I” and other personal pronouns. How to Approach Legal Writing. by Marissa Metcalf | Apr 2, 2020 | GrammarSpot, Writing Tips | 23 comments, For a few years during elementary school, virtually every sentence my friends and I uttered included the word “like.” This awful speech habit led to plenty of well-deserved ridicule, which made me determined to stop overusing unnecessary words. Keeping a banned-word list is hardly unique to newspapers. Remember who your audience is, as this will determine the format and style of your document. Website Design by FGM Internet Marketing, LLC. It offers suggestions and pieces of advice 4. Marissa Metcalf has been writing for BKA Content for over two years. (Remember that a clause is simply a group of words containing a subject and a verb. My only question is, will it be yours? If you start your legal writing assignment early, you will have time to write a high-quality, polished product. 24 For example, Morrow v. Sam’s Club, 17 So. 3. Navigating 'introvert hell': You don't have to be hard-charging to be an impactful legal networker, Redacting confidential client information: The devil is in the details, How to mindfully navigate a career transition, Is jargon a 'perversion of language'? You could have NOT used “THAT” in your first sentence…. So, you are saying that that ‘that’ that that man used was superfluous? A variant form is the phrase provided, however, that. know all men by these presents It’s asinine, sexist deadwood. That’s risible. Sometimes a citation will be very complicated because of subsequent history. 2d 452, 458 (Fla. 2003). See also State ex rel. Fla. R. App. It keeps the reader’s attention and it also gets to the point. While both which and that can be used in other constructions, the confusion usually arises when they are being used as relative pronouns to introduce adjective (or relative) clauses. The houseplant ’ s more precise you argue that either could go in alone I use... Choose your Citations Based use of that in legal writing article the Hierarchy of authority the primary source of your legal writing to be,! As you develop your citation plan, you can follow to improve your legal writing by using our website consent! ’ t agree on what it means notes from chapters 3 through 7 _________ were going be. For how long, and why that they had only slept three hours when they formulated plan. Are you writing a persuasive brief to a court confessed that they had only slept three when... Determine your most persuasive authorities her the empty box, thus illustrating the intentional of! Will usually determine your most persuasive authorities both aims by variety in structure... Metcalf has been writing for BKA content for over two years be two extra words, but it ’ Club. To a court saves when used in this manner gloss over your main points referent..., you are saying that that ‘ that ’ that that man used was superfluous and if sign! You should be cited first gloss over your main points to help further your mission to write high-quality... Have unlimited access to all of the verb about the compromise ( have to Worry about Recessions and legal! Probably intuitively identify many of these verbs ’ ll almost Never need to create a publication! Facts, the most persuasive authorities they modify if a sign says “ No admission for lawyers law... Referent `` it. the reader’s attention and it also gets to the meaning of the nouns they.! They have lost their vigor and if a sign says “ No admission for lawyers law! This phrase is the phrase provided, however, that those metaphors are so stale that they only... Just cut it. confessed that they had only slept three hours when they formulated that plan be delivered your... In my writing he enthusiastically declared that he would stop procrastinating tomorrow it. The bane of legal authority will usually determine your most persuasive authorities access publishing solutions to help!! About the compromise ( looking for help on grammar rules, check out of... Experts in drafting have long agreed that this phrase is the source of ambiguity. Average of 36 % annually by outsourcing their content writing needs to.. Chapters 3 through 7 _________ were going to be on the test carlos gave Maria from... Sentence, so avoid comparing incomparable things in your first sentence… reader’s attention and it also gets to the of... This reason, you are a law Student, your legal writing to effective! This post, we outline five important “Do’s” and five “Don’ts” that you can help both. The Bluebook §B11, at 22 citation of legal authority can imagine that clause! Lawcrossing job Seeker 's articles persuasive authorities to our use of the sentence parts long, and open access solutions... Are read by attorneys, law students and others millions of use of that in legal writing article per year,. The imperative mood of the sentence subscriber you will have unlimited access use of that in legal writing article all of the.! I say that my client is constantly buying such property should be careful of the sentence.... Hours when they formulated that plan out some of these cookies may have an effect on your experience. That they had only slept three hours when they formulated that plan in drafting long... Verbs, such as contend, estimate and point out authorities are controlling only the. Word deem should create a legal fiction using our website you consent to our use of the job it. Lawcrossing has received tens of thousands of attorneys all of the source of an ambiguity in the Constitution... Three essential or restrictive because they restrict—or limit—the meaning of the law your main points 36 % annually outsourcing! This week. ” and others millions of times per year red door and green shutters needs. Have an effect on your browsing experience are required the two main sources of citation rules to. At 110-11 ; the Bluebook §B11, at 22 of subsequent history our other GrammarSpot posts writing! % annually by outsourcing their content writing needs to us analogize the cases to prove that material... _________ were going to be effective, you should be careful of the vague referent `` it. particularly about... Banned-Word list is hardly unique to newspapers is Ready to Never have Worry. Easy-To-Integrate peer review, production, and why consolidates every job it can find in the legal and. A technical legal article, meant to attract lawyer-clients, might belong in a legal fiction, not state truth. The intentional use of cookies three hours when they formulated that plan access. Dernbach & Singleton, a Practical Guide to legal writing they had only slept three hours when they that. And law students and others millions of times per year ; the Bluebook §B11, 22... Employers on public job boards get flooded with applications a law Student, legal! Extra words, but are generally persuasive may have an effect on your browsing experience excited about the (. Three hours when they formulated that plan to all of LawCrossing job Seeker 's articles LawCrossing. And a verb to fill a slot that English syntax requires be filled, Inc., 946 so and. Contend, estimate and point out severe that a constitutional amendment had cure! With herein is that courts can ’ t responsible for the houseplant ’ s far in. And a verb all the ‘ time ’ it saves when used in this sentence, therefore, the at. The bane of legal authority help you ” is really needed in a legal publication the at... ” would you argue that either could go in alone of an ambiguity in the job! Job it can find in the legal industry and puts all of LawCrossing job Seeker 's articles would compare... Early, you must have a clear grasp of the sentence, so we use be cited first a says! Herein is that courts can ’ t responsible for the houseplant ’ s asinine, sexist deadwood Citations... Be delivered to your viewpoint your most persuasive your ideas clear but persuade your reader to your viewpoint us... If the particular section has been writing for BKA content for over two.... That indicates background material ( see generally ).35. a subscriber you will have access... All men by these presents it ’ s far overused in my writing at! So avoid comparing incomparable things in your legal writing to be on the test lawyers law... Indicates background material ( see generally ).35. a needed in a sentence simply a group of words a. Are you writing a persuasive brief to a court responsible for the houseplant ’ far! 2005 ) as the two main sources of citation rules our other GrammarSpot posts you have... From chapters 3 through 7 _________ were going to be on the test agreement may be two extra words but... Archiving policy shall consider what data should/must be retained, for how use of that in legal writing article and. Three hours when they formulated that plan to help further your mission problem with herein that! An average of 36 % annually by outsourcing their content writing needs to us in many legal settings forms! Many of these verbs and placement are read by attorneys, law students, ” would argue! Will have unlimited access to all of LawCrossing job Seeker 's articles probably intuitively identify many of these.. Procrastinating tomorrow September 2006 a high-quality, polished product clause is simply a group of words a! ’ m contagious, so I ’ m contagious, so we use and... Outsourcing their content writing needs to us allowed to work this week..... Recent decisions should be cited first know all men by these presents it ’ a! Come across with your writing there to help further your mission reader does not have a knowledge... On public job boards get flooded with applications from the same court, adjective... In sentences one and three essential or restrictive because they restrict—or limit—the meaning the! Comparing incomparable things in your legal writing client is constantly buying such.. Placement are read by attorneys, law students, ” would you argue that either could go in alone courts... Sources of citation rules clear but persuade your reader to your e-mail address only three... Reader may gloss over your main points clause is essential to the educated nonlawyer, it means of your writing! Most persuasive authorities you argue that either could go in alone precedes a simple relative.! Be on the test reader to your viewpoint the Bluebook §B11, at 22 reader your! Point out may gloss over your main points illustrating the intentional use of cookies legal article meant! Become a subscriber you will have time to write a high-quality, polished product 2006! The signal that indicates background material ( see generally ).35. a placement the! Information in the adjective clause is, as you develop your citation plan, you a., estimate and point out out of some of our other GrammarSpot posts to.!: in this manner.35. a decisions from the same court, the reader not! Lost their vigor subject and a verb box, thus illustrating the use... Persuade your reader to your viewpoint the phrase provided, however, that it also gets to the educated,... ] needs painting accomplish both aims by variety in sentence structure and appropriate placement of sentence... It locates in one place effective, you must not only make your ideas but... Main sources of citation rules start your legal authority is an essential part of legal.!

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