America ’ s Second Amendment begins with the words “ A wellregulated Militia ,” which in colonial times was considered to include the whole free adult male citizenry .
7 .
Thou Shalt Set Off Introductory Phrases with Commas .
It ’ s true that in very simple sentences , you don ’ t need to set off introductory phrases with commas :
Last Monday I went to the doctor .
A better rule for legal writers , though , is to set off all such phrases with commas :
So this : To the best of my knowledge , California law does not allow you to sue on that basis .
And this : Each spring , our firm holds a meeting at an off-site location to discuss strategic plans for the next fiscal year .
But not this : With one exception my client never misrepresented the terms of the initial agreement .
Freebie : Avoid putting a comma after a coordinating conjunction at the start of a sentence .
So no comma after But here :
I have a lot of thoughts on how to structure this deal . But I ’ ll need to get back to you on the tax implications .
To remember which words are coordinating conjunctions , just think FANBOYS : for , and , nor , but , or , yet , so .
8 .
Thou Shalt Include a Comma Before a Participle That Modifies an Entire Preceding Phrase or Clause and Avoid a Comma Before a Participle That Modifies Just the Preceding Noun .
So this : Last week , I went to an interesting lecture making sense out of the 2008 financial crisis .
( The lecture itself is what made sense out of the 2008 financial crisis .)
But this : Last week , I took your advice and attended an interesting lecture , making me wish that I followed your lead more often .
( The whole experience of listening to your friend ’ s advice , and not just the lecture itself , is what made you wish that you took similar advice more often .)
When it comes to following these rules , the benefits of consistency far outweigh the costs of rigidity . That said , as with all commandments , good faith is probably enough !
Ross Guberman , the president of Legal Writing Pro , has trained more than 30,000 judges and lawyers on three continents . He is the author of Point Made : How to Write Like the Nation ’ s Top Advocates and Deal Struck : The World ’ s Best Drafting Tips . His new book , Point Taken : How to Write Like the World ’ s Best Judges , has been called “ by far the best
book I ’ ve seen on judicial writing .”
This article originally appeared in the March 2016 Plain Language column in the Michigan Bar Journal .
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