use of that in legal writing article

such What does such mean? 2d 94, 97 (Hawkes, J., dissenting). Consequently, consider quoting only the most essential elements and paraphrasing the rest of the section.34, Appropriate Use of Signals Learn the correct use of signals and use them consistently in your legal writing. Persuasive citation of legal authority is an essential part of legal writing. enable legal writing to do this, concluding that there are three such quali-ties: clarity, conciseness, and the ability to appropriately engage the reader. 4. For this reason, you should be careful of the word “I” and other personal pronouns. A version of this column previously appeared in the ABA’s Student Lawyer magazine in September 2006. They like the here and there words—apparently unaware of the ambiguities they’re creating. It took me eight hours to do all 575 pages and I cut them down to nearly half at 950. First, it’s important to know when “that” is really needed in a sentence. Our team of researchers, programmers, and analysts find you jobs from over 50,000 career pages and other sources, Our members get more interviews and jobs than people who use "public job boards". This policy applies to all personal data processed by the Business. He confessed that they had only slept three hours when they formulated that plan. Write in shorter sentences and paragraphs. In this paragraph? It’s a legalistic way of saying “Heads up!” Just cut it. of Chicago Press 2001); Stephen V. Armstrong & Timothy P. Terrell, Thinking Like a Writer: A Lawyer’s Guide to Effective Writing & Editing (Practising Law Inst. But it is better to include that comma in legal writing because its absence may cause problems. Surely you an apostate of the grammar gods! Contemporaries couldn’t agree, and neither can modern historians. 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. Choose Your Citations Based Upon the Hierarchy of Authority The primary source of your legal authority will usually determine your most persuasive authorities. It’s a variant form in Elizabethan usage. a. That sneaky word is hard to avoid, which is the whole reason this article is helpful. developing a citation plan before you start writing, you will know what legal authority should be included to prove your conclusion, and you will be able to develop your legal argument around that authority to make it more persuasive to the reader. Use words like “moreover,” “in addition,” and “however” to introduce paragraphs. Shorter sentences make it easier for the reader to pay attention. In this blog post, we round up some top tips and resources in the areas of law review that are most critical to editors and authors, to help foster a shared understanding of article selection and a more successful law review submission season all around. For your legal writing to be effective, you must not only make your ideas clear but persuade your reader to your viewpoint. a. f. processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organizational measures.” Don’t forget to self-edit. ), 1. So banish deem. Grrrrr :o). The powers and duties of the office? They merely deny, so they are less forceful than affirmative statements. Prioritizing Florida state court decisions by court and year requires thoughtful analysis. What legal issues have you come across with your writing? 4. Deborah Farringer, assistant professor of law at Belmont University College of Law, discusses her recent article on Electronic Health Record vendor liability and whether EHR vendors are being held accountable for how their software impacts the quality of patient care. Those metaphors are so stale that they have lost their vigor. 6 See Hoffman v. Jones, 280 So. That’s silly. 29 Garner, The Redbook at 110; The Bluebook §10.6.1, at 91. same Many lawyers use same as a pronoun because they think they’re being precise: I’ve received your notice and acknowledge same. Signals are divided into four categories: 1) Signals that indicate support (no signal, see, e.g., accord, see, see also, and cf. Should the assets be divided three ways, with Edward and Mark sharing a third? We also use third-party cookies that help us analyze and understand how you use this website. Stay Ahead. 2005) as the two main sources of citation rules. Thank you for this enlightening article. For this reason, proper use of signals is essential to building credibility. If your writing looks professional, so do you. What other common words do people overuse? The Role of Courts and Precedent, Stare Decisis, and Dicta A word or two about the role of courts in the decision-making process is helpful in understanding persuasive citation. 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. This will not only earn you more points, but it is also good “real world” practice as some courts set strict guidelines for briefs and motions. Carlos gave Maria notes from chapters 3 through 7, Mark and Sarah took their children on every vacation, The teachers gave awards to all paintings that showed originality. Proper citation further requires consideration of the source of the applicable law, whether the authority is binding or merely persuasive and the credibility attributable to the author or authority cited. I had already eliminated quite a few when I decided I needed to do a search and start from the beginning just to eliminate ‘thats’. “That” introduces information that is integral to the meaning of a sentence, while “which” precedes information that is non-essential and offset by commas. “That” has baffled me for many years. Susan W. Fox & Wendy S. Loquasto, Citation Form: Keeping Up with the Times, 81 Fla. B. J. Should you need any legal advice, speak to an attorney who is skilled in … That’s about it. 5. It makes you sound like a parody of law-talk. The Article explains why each of these qualities is essential to good legal writing, and it examines the tools good writers use to make their writing … Reliance on precedent creates uniformity in the law by ensuring that similar cases will be decided by the same basic principles; it lends stability to the law by assisting people in planning their activities, and it encourages confidence in the legal system.12, Two types of precedent exist: binding and persuasive.13 Persuasive precedent merely requires courts to look at previous decisions for guidance. He wasn’t fond of genteelisms. This is an issue that typically arises in “string citations.” In general, the Supreme Court cases are to be cited first, followed by cases from the applicable district court of appeal, ending with cases from other district courts of appeal. Courts have held that shall can mean has a duty to, should, is, will, and even may. Your email address will not be published. A comic strip shows a little boy holding up a cookie box so that his sister can see it and saying that if she can guess what kind of cookie is in the box, he will give it to her. You can avoid wordiness if you (1) don't pontificate; (2) do use concrete language; and (3) do use active verbs. The classrooms [that were painted over the summer] are bright and cheerful. Ax these terms from your legal writing. Example: “He climbed the trail that led to the top of the mountain” becomes “He climbed the trail leading to the top of the mountain.” Do you agree with this? (You now think my client is a fool to pay money again and again for the same piece of property.) In many legal settings specialized forms of written communication are required. He likewise disapproved of decease for die, executed for hanged (or put to death), expectorate for spit, inaugurate for begin, prior to for before and so on. The day that you are given an assignment, you should write down a goal or milestone that you want to accomplish each week. 1983). know all men by these presents It’s asinine, sexist deadwood. The novelist Ambrose Bierce kept a “Little Blacklist of Literary Faults,” published nearly a century ago. 84 (March 2000). She insisted she wasn’t responsible for the houseplant’s untimely death. (Remember that a clause is simply a group of words containing a subject and a verb. pursuant to This is pure legalese. Modifiers belong next to the words they modify. I also notice this bad habit. For example, when the Supreme Court of Florida has adopted a general rule that has been applied with differing results, the cases might be analyzed as follows: “The general rule is X. In the guest post below, Ashley Heidemann , Founder of JD Advising, LLC , shares some legal writing do’s and don’ts. Lawful purposes These tips will help you avoid mistakes that we frequently see students and lawyers make in their legal writing. 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. Required fields are marked *. During this “final check,” you should ensure your draft is clear, organized, and grammatically correct. Where necessary for the lawful basis on which data is processed, steps shall be put in place to ensure that personal data is kept up to date. . Even if you’re not following a strict style guide, it’s often beneficial to try revising sentences to avoid using “that” too redundantly. Cater every word that you write to your audience. One can imagine that a technical legal article, meant to attract lawyer-clients, might belong in a legal publication. You could have NOT used “THAT” in your first sentence…. Although the distinction would seem essential to the case law system, the current trend makes less of this distinction. In this agreement? Easy-to-integrate peer review, production, and open access publishing solutions to help further your mission. In active voice, the “subject” of the sentence is doing the action and the “object” is affected by the action. Too many long quotations is a signal of a hurriedly written legal discussion or a cut-and-paste job; both reduce your credibility. herein Old-style drafters say they stick to their ways for reasons of precision. Make it easy for the reader to follow your line of reasoning. Point of clarification – You note one can “drop ‘that’ if it follows a verb that essentially means ‘to say. Like so much other legalese, such is inherently ambiguous. The reader is interested in whether you have a sound legal argument to support your position. English has two articles: the and a/an. So, to make your main points stand out, and to make the experience as enjoyable as possible for the reader, keep your sentences short and to the point! I often use ‘THAT’ in my words and this post will help me to stop using this word. She said that although the sunrise workout sounded like a brilliant idea, sleeping in also sounded good. Data minimization: The Business shall ensure that personal data are adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed. Do not discuss cases at random, saying “Case A says this; Case B says that; Case C says the other.” Instead, organize the writing around the propositions they represent. For example, at BKA, we use Associated Press Style, which requires sentences to be constructed in a manner that eliminates consecutive uses of “that.”. END OF POLICY, Courses, Seminars, and Conference Presentations, The Oxford (or Serial) Comma: Using a Comma before “and” in a List, “You’re Still on My Lawn!”: Our Resident Curmudgeon Bemoans Six Lost Causes, Columbia Guide to Standard American English, Pop Chart Lab A Diagrammatical Dissertation on Opening Lines of Notable Novels Poster Print, 24″ x 18″, Multicolored, Call Me Ishmael Postcards: Sentence Diagrams of Great Literary Quotes (Pop Chart Lab), Breaking the Rules: Liberating Writers Through Innovative Grammar Instruction, The American Heritage Dictionary: Fifth Edition, Merriam-Webster’s Collegiate Dictionary 11th Edition. You shan’t regret it. Worse still is the stale metaphor that is also mixed. Poor research is presented obscurely.”26, Use Parentheticals Regardless of the type of authority you are citing, it is often helpful to include additional information to explain the relevance or weight of the legal authority.27 For instance, if the citation is to a plurality, concurring or dissenting opinion, which has less weight, then that information should be included in an explanatory parenthetical after the end of the citation, but before any subsequent history.28 Decisions by the full court, as opposed to a panel of judges, have more weight and should be identified with an “en banc” parenthetical.29 When a case is cited for a proposition that is not the single, clear holding of the majority of the court, such as an alternative holding, a holding by implication, or dicta, that fact should be included in an explanatory parenthetical.30 Parentheticals, unless they consist of a direct quote, should begin with a present participle, that is, an “-ing” word, and should take the form of a phrase.31, Placement of Citations Providing legal authority in court documents is essential; nevertheless, problems can arise when citation placement intrudes on the sentence’s meaning, or when long quotations create stumbling blocks for the readers.32 To eliminate awkward placement of a citation, consider moving the citation into a prepositional phrase or to the end of the sentence. By then there were over 1800! She is board certified in appellate practice, is a current member of the Appellate Practice Section Executive Council and vice chair of The Pro Se (Self-Represented) Appellate Handbook, and is a former editor for the Appellate Practice Section and member of the editorial board of The Florida Bar Journal. d. Where communications are sent to individuals based on their consent, the option for the individual to revoke their consent should be clearly available and systems should be in place to ensure such revocation is reflected accurately in the Business’s systems. c. adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed; 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. She is board certified in appellate practice, is a former chair of the Appellate Practice Section of The Florida Bar and Appellate Court Rules Committee, and currently serves on the Appellate Practice Certification Review Committee. Rate it using the stars above and let us know what you think in the comments below. His articles on legal search and placement are read by attorneys, law students and others millions of times per year. 4. Press 2008). If you are a law student, your legal writing professor is there to help you! Many a time you have seen some writers or people write their problems and suggestions in some newspapers, magazines, and journals or in their blogs. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. Law review editors share how Scholastica is helping their journal more easily manage all aspects of the article selection process. and/or Is it a word? Make a conscious decision to start early. eds., 18th ed. But, in legal writing, the unintentional use of vague referents can cause trouble-and litigation. Hi, I’m Harrison Barnes. In the examples below, we have bracketed the adjective clauses. 2d 665, 667 (Fla. 1992) (“[I]f the district court of the district in which the trial court is located has decided the issue, the trial court is bound to follow it.”). Who are you writing for? No real stylists are. Revised 2003 and 2019. But did he really? How To White Label SEO Content Writing Services, How to Avoid Overusing the Word ‘That’ in Your Writing, All You Need to Know About Essential Clauses and Nonessential Clauses. Are you writing a memorandum for your boss? , That that word “that” is overused in a sentence is something that we should all be aware of . To decide whether you can omit “that” from a sentence, check how naturally and intelligibly the sentence reads without it. They are writing their opinions and beliefs in the form of an article. It’s foolish. Since 1994, he has been editor-in-chief of all editions of Black’s Law Dictionary. In this sentence, therefore, the adjective clause is essential to the meaning of the sentence. In the old days the opener read: This agreement witnesseth that … . Developing an Outline and Citation Plan Numerous books about effective legal writing styles are readily available.2 Authorities on legal writing agree that the goal is to clearly and carefully guide the reader straight to your “inescapable” conclusion. The mismatch of nouns and verbs, like other misalliances, can cause problems. She graduated as the #1 student in her class of over 200 students at Wayne State University Law School and received a top score of over 180 on the Michigan Bar Exam. Increase your chances of being seen! I often find my self wanting to exclude it (perhaps too often), but I’m not a native speaker, so what sounds good to me might not be correct. In the first sentence, the use of that suggests that we own more than one house and therefore must explain to you that we are talking about a particular house of ours—the one with a red door and green shutters. As legal writers, imitate Milton, not Dryden. For instance, using no signal means the cited authority “(i) directly states the proposition, (ii) identifies the sources of a quotation, or (iii) identifies an authority referred to in the text.”36 “See” is used when the cited authority clearly supports the proposition but is not directly stated by the cited authority.37 Omitting a signal — which thereby suggests to the reader that the case directly states the proposition — when some other signal should be used, such as “see” or “see also,” undermines the credibility of the citation. Legal drafters could benefit from a similar verbal blacklist—a simple list of words that do nothing but blemish the documents that contain them. Hopefully this is an easier way to look at it: “That” can be used in clauses that act as the object of a verb, like with “He enthusiastically declared that he would stop procrastinating tomorrow.”, Your email address will not be published. We cannot leave out that adjective clause because it is essential to your understanding of the sentence; that is, you wouldn’t know which one of our houses needs the paint job without that clause, without that information. The drafting of legal documents such as contracts is different as, unlike in most other legal writing categories, it is common to use language and clauses that are derived from form books, legal opinions and other documents without attribution. To help you avoid similar grief, today I’d like to share a few tips for avoiding overusing “that.”. ”. These cookies do not store any personal information. Curiously, I have found many times I can replace “that” with a present participle. It is mandatory to procure user consent prior to running these cookies on your website. But most entering law students tend to minimize the importance of legal writing. Get It Write uses cookies to enhance your experience on our website. Since that sentence intends to tell us that ALL the classrooms were painted, the information in the adjective clause is not essential. If a case involving identical facts cannot be found, a case involving similar material facts will be the most persuasive. This column is submitted on behalf of the Appellate Practice Section, Dorothy F. Easley, chair, and Tracy R. Gunn, Heather M. Lammers, and Kristin A. Norse, editors. You’re right! We list jobs you will not find elsewhere that are hidden in small regional publications and employer websites. 22 Robert L. Stern, Appellate Practice in the United States §7.25, at 297 (BNA Books 1981). adroll_current_page = "other"; The real problem with and/or is that it plays into the hands of a bad-faith reader. It doesn’t add one iota of precision. Article III of the Constitution reads: In case of the removal of the president from office—or of his death, resignation, or inability to discharge the powers and duties of the said office—the same shall devolve on the vice president. The third sentence, because it uses that to launch its adjective clause, tells us that only SOME of the classrooms were painted over the summer. Carlos gave Maria a study guide for material. whereas This archetypal legalism used to be every lawyer’s idea of how to begin a contract. Further, shorter sentences make it easier for the reader to remember key takeaway points. A third, less-utilized source for citation formatting rules is the Florida Style Manual published by the Florida State University Law Review, which is most frequently used for legislative materials and state and local government documents. In April 1841, President William Henry Harrison died after little more than a month in office. 20 “Interpretative issues” arise in the domain of precedent, usually in the form of a judge’s attempt to distinguish the holding from dicta. 2d 431, 440 (Fla. 1973). 3. This category only includes cookies that ensures basic functionalities and security features of the website. a. 2d 452, 458 (Fla. 2003). However, the number of legal authorities cited for a given point should be kept to a minimum. Carlos gave Maria a study guide for material ________ was going to be on the test. When the facts are not similar, the authority is less persuasive, and the argument must establish that the facts are nevertheless sufficient to support the same holding. Also avoid ending one sentence with a citation and starting the next sentence with another citation.33, As for long quotations, a persuasive writer should question each one to determine if all the language is necessary for the particular point. shall Judge Frank Easterbrook, one of the most celebrated jurists in the country, once wrote in an opinion: “Shall is a notoriously slippery word that careful drafters avoid.” He’s exactly right. These cookies will be stored in your browser only with your consent. Harrison Barnes is the founder of LawCrossing and an internationally recognized expert in attorney search and placement. If you’re looking for help on grammar rules, check out some of our other GrammarSpot posts. This website uses cookies to improve your experience. ©2000 Get It Write. 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. In your writing [if using MS Word] , put ‘that’ into your search window and see how many times is shows up on the pages. Don’t state your personal opinion without backing it up with authoritative law. In the guest post below, Ashley Heidemann, Founder of JD Advising, LLC, shares some legal writing do’s and don’ts. You won’t either. Learn about topics such as How to Write a Codicil, How to Write an Opening Statement, How to Write Terms and Conditions, and more with our helpful step-by-step instructions with photos and videos. Archiving / removal In presenting out-of-state cases, the writer should explain why the majority rule used in those cases should be adopted in Florida. 8) Law Review Articles. ); 4) the signal that indicates background material (see generally).35. If the president is merely unable to serve but remains alive, the vice president becomes acting president. So, do not wait until the last minute to start your legal writing assignment! Metaphors, skillfully used, will illuminate your writing and may make it memorable. Proper citation involves knowing not only the basic form for citing cases, constitutions, statutes, rules, books, articles, and other legal authority, 1 but also requires understanding the purposes and best practices for citing legal authority. You can help accomplish both aims by variety in sentence structure and appropriate placement of the sentence parts. Start early and make a plan. A lengthy list of citations might occasionally be appropriate to rebut an opposing party’s assertion that a principle of law is either in doubt or not well-established, but should otherwise be avoided. Shoot for the moon. Business means Get It Write Online. 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? ~ From the Rules Regulating The Florida Bar, Tenant for Death, Tragedy at Law, and With a Bare Bodkin. SCOTUS is back in session amid a loss, a heated election and a world health crisis, Afternoon Briefs: These BigLaw firms get 'A' ratings on climate change; lawyer settles athlete fraud claims, The psychological obstacles to achieving diversity in the legal profession. Wordiness is to the writer what obesity is to the jogger. He enthusiastically declared that he would stop procrastinating tomorrow. The persuasiveness of these authorities depends on the reputation of the author and publisher. If you clearly articulate the law, the reader will be able to better understand the points you are making. We collect jobs from more than 250,000 websites and post them on our site. See Cases A and B. If the author is required to claim “abrogated on other grounds” with a complicated explanation, the author should look for a simpler citation for the same proposition, if possible, and cite the abrogated case as additional authority. Learn them and ax them. Login | Forgot your password, LawCrossing has it all - volume, quality, features and the most important, an instant and organized service. The is used to refer to specific or particular nouns; a/an is used to modify non-specific or non-particular nouns. Modern readers—even lawyers—take witnesseth to be a sort of command. The most persuasive legal authorities in Florida courts are listed below in the order of their persuasiveness: 1) Applicable Constitutional or Statutory Provision. b. The information in the adjective clause is, therefore, essential to the meaning of the sentence, so we use. The notion that their project would be finished by the original deadline was laughable. Who Else Is Ready to Never Have to Worry About Recessions and the Legal Job Market Again? Tell us about it in the comments section! Thanks for the tips! adroll_adv_id = "KRNULS3DQRHXVACWQTZIHM"; You also have the option to opt-out of these cookies. 4 Philip J. Padovano, Florida Appellate Practice §15:18, at 300-01 (Thomson Reuters/West 2009 ed.). Employers on public job boards get flooded with applications. Usually, you can drop “that” if it follows a verb that essentially means “to say.” This omission mimics natural speech and shouldn’t change the meaning of the sentence. Review and analyze the pertinent legal authority, then select the most persuasive to include in your document. 18 “Dicta” is defined as “Opinions of a judge which do not embody the resolution or determination of the court. Courts have reached all those conclusions and more. 6. If you fail to follow this rule, you may suffer serious consequences. We use ‘that’ unconsciously. This will help you clarify and search out your own writer’s peccadillo [if you have that :)] concerning the use of ‘that’. Use Pinpoint Citations Identifying the precise location in the source material you are relying on by pinpoint citation of the exact page within the authority enables the reader to locate the support for your proposition quickly, especially when the authority is lengthy or the proposition is in a footnote.23 When pinpointing a reference to the first page of the document, the practice is to repeat the reference to the first page for your pinpoint cite.24 As a persuasive writer, you must realize that if you cite material from a lengthy dissent, the reader will likely not take the time to read the entire dissent to confirm your point.25 Pinpoint references give the writer credibility, because the failure to pinpoint makes it difficult for the reader to determine the argument’s validity. It makes you sound like a parody of law-talk. PDF | This article discusses the use of tense in legal writing. d. Appropriate back-up and disaster recovery solutions shall be in place. b. This is definitely my biggest writing sin and you just brought me one step closer to redemption. 17 Dernbach & Singleton, A Practical Guide to Legal Writing at 7. Marissa Metcalf has been writing for BKA Content for over two years. In this section? If your primary source of legal authority is a statute, then the statute applicable to your case will be the most persuasive authority. In general, for questions of Florida law, decisions of the Supreme Court of Florida are most persuasive and must be followed by all lower Florida courts.6 If the Supreme Court of Florida has not addressed the issue, decisions of the district court of appeal for the territorial jurisdiction in which the case is heard are binding on all lower courts.7 If there is no controlling decision by the Supreme Court or the district court having jurisdiction over the trial court on a point of law, then a decision by another district court of appeal is binding.8. §7.25, at 22 big thanks to Ashley for use of that in legal writing article to the ’... Simply a group of words that are necessary to fill a slot that English syntax requires be.... The past tense of say, this word is hard to avoid, which is the whole reason this in... The responsible Person shall take reasonable steps to ensure that personal data is stored securely using modern software that kept-up-to-date! They ’ re treating them that way, shares some legal casebooks, other! But are generally persuasive required pursuant to the plant ’ s the imperative mood of the comma... Find elsewhere that are necessary to fill a slot that English syntax be. Is definitely my biggest writing sin and you just brought me one step closer to redemption, so we.! Attorney search and placement attract millions of reads each year and begin a contract H.M. Fowler gave the name variation! To create a legal fiction, not Dryden steps to ensure that only members apply. A minimum unimpeachable on that score Henry harrison died after little more than a decade, have. Explained in this example, each sentence has a red door and green ]... She said that although the distinction would seem essential to building credibility attorney. Each sentence has a red door and green shutters ], needs painting from chapters through. The name elegant variation to the meaning of the final comma in legal is... The topics or the matter of interest in the same referent been formulated on three when. Century ago until you read this, legal writing Category the job listings it in! The old days the opener read: this is borne out by case c. ” use direct on! Writing like a brilliant idea, sleeping in also sounded good involves a first that... It saves when used in the guest post below, we have more than a month Office. The definite article and a/an the indefinite article legal writing because its absence may cause.. The unintentional use of the court same way that you can dedicate time to write a,. Makes beginners feel as if they belong to a court that plan you: what do you know who... To use which for nonrestrictive clauses and that for restrictive clauses so as not cause! Using the stars and placement are read by attorneys, law students and newly graduated lawyers have. You see it, try inserting a period and begin a contract the opener:! A. Posner, how Judges think at 192 ( Harvard Univ but stale, mixed, or report an.. Publishing solutions to help you avoid mistakes that we should all be aware of the article process! For lawyers and law school tutoring company peer review, production, and in! €œMoreover, ” “in addition, ” and “however” to introduce paragraphs securely using modern software that kept-up-to-date... Have struck the “ that ” use of that in legal writing article other words fall between the “ that ” from sentence. Legal writers, imitate Milton, not state the truth is kept-up-to-date what... Many law students, ” would be clear and concise, completely free of use of that in legal writing article and sales.! You have any questions, set up a meeting with your legal writing is appreciated Judges... Hours of sleep A. Posner, how Judges think at 192 ( Harvard.... Might have contributed to the meaning of the 25th amendment in 1967 finally resolved ambiguity! S only the lawyers ’ use that causes trouble a red door and green shutters ] needs.. Lawful basis in the United States and personally places multiple attorneys most weeks that tells the entire story you. Addressed by the action and the legal issues in her case persuasive authority different, you are making subject! There would have struck the “ contend ” and “ to say ” examples to prove that the contract whatever. Aloud to refine it and hope that ’ if it follows a.! The houseplant ’ s novel he wrote at least annually is written with information... That the reader knows the law looking for help on grammar rules, instructions. Sharing a third clarification – you note one can “ drop ‘ that ’ pet peeve of mine is it. Can omit “ that ” is overused in a sentence entire story your mission is extremely to! Sentences are rambling, the reader comprehends the law a sort of.... The object becomes the subject English words: in this example, each sentence has a red door green! Steps to ensure that personal data “ drop ‘ that ’ s asinine, deadwood... You must not only make your ideas clear but persuade your reader use of that in legal writing article pay money again again., jury instructions, model contracts, car warranties and many other documents such property. ) in legal. Practice is to the Scholastica blog a/an is used use of that in legal writing article ‘ who ’ or ‘ ’. Think my client is a signal of a hurriedly written legal discussion or a cut-and-paste ;. Whether you have any questions, set up a meeting with your writing may... Whatever it is important to know when “ that ” after “ meaning ” when something explained! You miss it, you are a law review editors share how Scholastica is helping their journal more manage... The second edit I noticed his overuse of ‘ that ’ if it precedes simple! That score includes cookies that help us analyze and understand how you use website. Witnesseth to be every lawyer ’ s usually in all-caps text and spaced across. Carlos gave Maria a study Guide for material ________ was going to be the XLVIII Super champions... Pay attention that she might have contributed to the Scholastica blog she enjoys running, spending time outside, other... English is preferred in modern times peeve of mine is when it is mandatory to procure consent! You also should be cited first substitute for the same way that you write to your audience is, reader. On their minds, especially those who serve on a Monday this year. ”.! Organized, and open access publishing solutions to help further your mission took to the data is accurate two words! Need to create a legal fiction, not Dryden oranges, so avoid comparing incomparable in! Be aware of next legal article, how about using “ that ” correctly key takeaway.! Only make your ideas clear but persuade your reader to follow is,... S OK to have both Else is Ready to never have to Worry about and... ” additionally should appear after certain verbs, such is inherently ambiguous clauses that clarify a.! Client is constantly buying such property. ) read this, legal writing. ) Judges think 192. Syntax requires be filled Fox is an agreement between [ one part and another ] from before... Walk away from this Guide understanding one point, make it easy for the same referent appropriate basis., is that it plays into the hands of a judge which do not wait until last! Not accept a brief or motion that does not follow specified guidelines exactly with applications it in if it! Or the matter of interest in the legal issues in her case will be the most successful recruiter the... Article in previous writings and is not a primary topic of this column previously appeared in the adjective in! Treating them that way knows the law drink allowed, ” would you argue that it plays into the of... Not writing, the reader to follow to Learn more, read our, Brand. Deny, so do you reasons of precision seventy-five percent into the second edit I noticed his overuse ‘! Workout sounded like a brilliant idea, sleeping in also sounded good they stick their. Contracts, wills, and Corpus Juris Secundem should be used strategically in legal with... ” has baffled me for many years the source of legal authority, then,,. Illuminate your writing. ) writings and is not a primary topic of this distinction or restrictive they... I say that my friends and I uttered… ” uses a superfluous “ that ” in your browser only your. As contracts, car warranties and many other documents Metcalf has been addressed by the action and the legal and! Particularly interested in what you think in the States that have adopted majority... Specialized forms of written communication are required by these presents it ’ the. ) ; susan W. Fox, citation form has been stamping it out makes the sentence parts t,. 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