THE LEGAL WRITING
CORNER
Writing with Clarity and Concision
By Jennifer Cook , Denitsa Mavrova Heinrich , and Jenny Samarzja
Although legal concepts and analyses are often complex , legal writing should strive to be the opposite . The best legal writers are those who can clearly and concisely communicate with their readers . Here are four quick tips to tighten up your writing and help you become a more effective communicator .
1 . Keep subjects , verbs , and objects close .
The subject , verb , and object are like links in a chain that hold a sentence together . If those links get stretched out too far , the chain becomes compromised and the sentence becomes harder to understand . Consider the following passage :
If any partner becomes a bankrupt partner , the partnership , at its sole option , exercisable by notice from the managing general partner ( including any newly designated managing general partner ) to the bankrupt partner ( or its duly appointed representative ) at any time prior to the 180th day after receipt of notice of the occurrence of the event causing the partner to become a bankrupt partner , may buy , and upon the exercise of this option the bankrupt partner or its representative shall sell , the bankrupt partner ’ s partnership interest . 1
In this example , the subject is “ the partnership ,” the verb is “ may buy ,” and the object is “ a bankrupt partner ’ s interest .” But because these parts of speech are separated by so many intervening clauses and phrases , the meaning of the passage quickly becomes cloudy . The sentence can be made clear by keeping the subject , verb , and object close together :
A partnership may buy a bankrupt partner ’ s interest by providing notice to the bankrupt partner within 180 days of receiving notice of the event that caused the bankruptcy .
2 . Use possessives .
Legal writers are taught , generally , to avoid using contractions . However , using apostrophes to form possessives will often make your writing clearer . Take the following sentence :
The trampoline of the defendant flew onto the property of the plaintiff , damaging both the mailbox of the plaintiff and the bicycle of a neighbor of the plaintiff that was parked in the driveway of the plaintiff .
With the simple addition of possessives , this wordy awkwardness becomes more understandable :
Defendant ’ s trampoline flew onto plaintiff ’ s property , damaging both plaintiff ’ s mailbox and a neighbor ’ s bicycle parked in plaintiff ’ s driveway .
3 . Replace nominalizations with verbs where possible .
Nouns that attempt to do the work of a verb are called nominalizations . 2 These nominalizations are less powerful than straight verbs and inherently add more words to your writing . For example :
“ The court made a decision .” g “ The court decided .” “ The plaintiff made an objection .” g “ The plaintiff objected .”
“ The expert conducted an evaluation of the defendant .” g “ The expert evaluated the defendant .”
4 . Less is more .
To appear smarter , attorneys might consult a dictionary or thesaurus for more “ exotic ” words and phrases . But plain , simple words better ensure a reader understands the idea being conveyed . If a reader must stop to look up the meaning of a word , the writing loses momentum , and the message may get lost .
Compare :
She committed to disseminating information via email to apprise and elucidate others of her position . 3
With :
She promised to email the information to help explain her position .
The same goes for legalese – those Latin terms , archaic words like “ heretofore ,” and redundant phrases like “ null and void .” 4 While legal terminology is often important in legal writing , legalese can be distracting or confusing . A good rule of thumb is that the writing should be clear enough to be understood by a lay client .
There you have it . By utilizing these four simple tips , you can streamline and strengthen your legal writing to become a more effective communicator .
1 . Bryan A . Garner , Legal Writing in Plain English : A Text with Exercises 3 ( 2001 ). 2 . Lisa Mazzie Hatlen , Conciseness in Legal Writing , 82 WI . LAW , June 2021 . 3 . Tenille Fordyce-Ruff , Three Tips for Concise Writing , 60 ADVOCATE ( IDAHO ), Oct . 2017 . 4 . Ginette Chapman , Apt Phrasing in Legal Writing 50 COLO . LAW ., Oct . 2021 .
Jennifer Cook , Denitsa Mavrova Heinrich , and Jenny Samarzja are faculty members in the Lawyering Skills Program at the University of North Dakota School of Law .
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