THE LEGAL WRITING
CORNER
SPRING IS IN THE AIR— TIME TO DECLUTTER YOUR WRITING!
By Jennifer Cook and Denitsa Mavrova Heinrich
Spring has sprung— it’ s time to declutter! Clutter, be it at home, the office, or life, creates chaos. It gets in the way and makes it hard to find what you are looking for. The same holds true for legal writing. In writing, clutter adds needless words, concealing key ideas and making them harder for the reader to find.
When it comes to decluttering your home, Marie Kondo suggests this method:“ Keep only those things that speak to the heart, and discard items that no longer spark joy. Thank them for their service— then let them go.” 1 But what about decluttering your legal writing? With spring in the air, let’ s consider these three tips to help you get rid of the clutter. Because when it comes to writing with clarity and impact, less is more.
1. Cut“ throat-clearing” or“ filler” phrases
“ Throat-clearing phrases are introductions that are mere preludes for the main topic to follow. Writers often feel compelled to warm up readers by preparing them for the main idea rather than simply presenting the idea.” 2 Some of the most frequently used“ throatclearing” phrases include“ it is important to note that,”“ it is essential to point out that,” or“ it is imperative that the Court consider....” These phrases are empty openers that interfere with flow and delay the reader from getting to the point. Legal writers may use these phrases to add formality or caution to their prose. But“ throat-clearing” phrases often create needless clutter at the beginning of a sentence without adding new meaning. Cut them out to keep your writing clear. Or, as Justice Laskin put it,“ forget the windup and make the pitch.” 3
THIS: This Court has previously rejected Appellant’ s argument.
NOT THIS: It is important to note that this Court has previously rejected Appellant’ s argument.
THIS: The circuits are split on this issue.
NOT THIS: It is essential to point out that the circuits are split on this issue.
A related clutter-creating category includes the“ filler phrases”“ there is” or“ there are.” Their presence in legal writing, while grammatically correct, creates clutter at the most important part of a sentence—
Jennifer Cook and Denitsa Mavrova Heinrich are faculty members at the University of North Dakota School of Law. the beginning. Their use also signals a missed opportunity to use a strong and precise verb to describe the action. As one author explains,“[ t ] he trouble with‘ there’ has nothing to do with grammar or with‘ correctness’ of any kind.” 4 The trouble with the“ there is” or“ there are” construction is that it“ seldom adds anything but clutter to a sentence. And nothing saps the vitality of language as quickly as meaningless clutter.”
Compare the following examples:
THIS: The Court should reverse the lower court’ s decision for two reasons.
NOT THIS: There are two reasons why this Court should reverse the lower court’ s decision.
THIS: No eyewitness can place the Defendant at the store at the time of the robbery.
NOT THIS: There is no eyewitness who can place the Defendant at the store at the time of the robbery.
Getting rid of the clutter— the passive“ there is” or“ there are” construction— increases both the flow and force of the writing. It keeps the subject and verb close together, at the beginning of the sentence, and it eliminates needless words, making the writing crisper and clearer.
2. Cut redundant modifiers and phrases
Redundant modifiers add words; they rarely add meaning. These extra words are often adjectives or adverbs, placed to suggest the conclusion the reader should reach rather than convey the information the reader needs to reach a conclusion. For example, describing an accident as a“ terrible tragedy” is redundant—“ tragedy” alone conveys the terrible nature of the event. Here are some common examples of redundant modifiers:
• free gift
• final outcome
• mandatory requirement
• past history
• unexpected surprise
To check your writing for redundant modifiers, look for adjectives and adverbs. Then ask: Does the adjective add anything new to the writing or is it redundant? Powerful writing relies on words that can stand on their own— words that don’ t need modifiers to convey their meaning. If the word can stand on its own, cut the modifier— it’ s redundant. Trust us, your reader will thank you for it.
32 THE GAVEL