Vermont Bar Journal, Vol. 40, No. 2 Summer 2015, Vol 41, No. 2 | Page 34

by Brian Porto, Esq. Six Simple Steps to Improved Writing Introduction Half a century ago, poet (and lawyer) Archibald MacLeish observed: Lawyers would be better off if they stopped thinking of the language of the law as a different language and realized that the art of writing for legal purposes is in no way distinguishable from the art of writing for any other purpose.1 Undoubtedly, MacLeish had encountered legal writing like the contract language below, which is so bloated and antiquated that it makes a fairly simple concept—waiver—opaque and confusing. It is agreed that no waiver by either party hereto of any breach or default of any of the covenants or agreements herein set forth shall be deemed a waiver as to any subsequent and/or similar breach or default.2 This language demolishes the twin pillars of good nonfiction (including legal) writing—brevity and clarity—with the heavy hammer of unnecessary words (it is agreed that, shall be deemed, hereto, herein set forth). Fewer and simpler words would enable the reader to understand the passage more easily. A preferable alternative would read as follows: If either party fails to require the other to perform any term of this agreement, that failure does not prevent the party from later enforcing that term. If either party waives the other’s breach of a term, that waiver is not treated as waiving a later breach of the term.3 The second passage achieves both brevity and clarity by following the simple steps to be discussed here. It omits wordy, vacuous expressions, such as “it is agreet that” and “herein set forth,” which add words, but no meaning, to a sentence, replacing them with more accessible conditional phrases: “if either party fails to require” and “if either part waives the other’s breach...” It also omits the stilted, unnecesarry word “hereto” and, in the second sentence, replaces “subsequent” with “later.” The happy result is a revised passage that is comparable in length to its predecessor, yet much clearer. 34 My favorite depiction, though, of the symbiotic relationship between brevity and clarity in writing is that of Theodor Geisel (“Dr. Seuss”), who wrote ostensibly for children, but had valuable advice for adults, too. He observed: The following examples, then, are correct: The writer who breeds/more words than he needs/ is making a chore for the reader who reads./ That’s why my belief is/the briefer the brief is, / the greater the sigh/of the reader’s relief is.4 In each example above, “it” refers to something specific: the motion. In the spirit of Dr. Seuss’s admonition to writers, this article will identify several simple steps you can take to make your prose clearer and more concise, hence more persuasive. Like regularly using stairs instead of an elevator and substituting fruit salad for chocolate mousse, taking the recommended writing steps will yield you big returns for a relatively modest effort. Discussion Step One: Avoid Beginning Sentences with “It is,” “There is,” and “There are” My Vermont Law School colleague, Greg Johnson, offered the same tip in this space less than a year ago.5 Still, this tip bears repeating. Repetition is warranted because one of the surest ways to purge your sentences of surplus words is to refrain from starting them with “it” or “there” followed by a form of the verb “to be.” You will not lose anything of value, just excess words, because when “it is” and “there are” begin sentences, they do not refer to anything specific. Put another way, they add words, but not meaning, resulting in bulky, often confusing sentences. Therefore, do not write: “There was evidence indicating that Jones visited the victim’s house on the night of the murder.” Instead, write: “The evidence indicated that Jones visited the victim’s house on the night of the murder.” Similarly, do not write: “It is evident that the light was red when the Defendant drove through it.” Instead, write: ”Evidently, the light was red when the Defendant drove through it.” Better still, write: “The light was red when the Defendant drove through it.” But you may begin a sentence with “it” followed by a form of the verb “to be” when “it” refers to something specific, such as an object, a place, or an idea identified in the previous sentence or clause. THE VERMONT BAR JOURNAL • SUMMER 2015 “The motion arrived this morning. It is on your desk.” “The motion arrived this morning; it is on your desk.” Step Two: Avoid Using Wordy Idioms, Especially “The Fact That” Closely akin to starting sentences with “it is” or “there are” is using wordy idioms. Like “it is” and “there are,” these idioms add words, but no meaning, to your sentences. Most notable among them are, “the fact that” and its cousin, “despite t