Vermont Bar Journal, Vol. 40, No. 2 Summer 2015, Vol 41, No. 2 | Page 36

Six Simple Steps to Improved Writing to be familiar with explicit connectives and pointing words than with echo links, I emphasize the latter so that you will remember to use them when editing your work. Alternatively, the above language might appear in the middle of a paragraph, with its short sentence followed by further discussion, as illustrated below. Step Five: Vary Sentence Lengths to Inject Rhythm into Your Writing Besides linking sentences together to achieve clarity, link them together to achieve a pleasant rhythm. A good way to insert rhythm in your writing is to vary sentence lengths, although shorter is better than longer, and you should try to limit your sentences to twenty-five words or less. Consider, for example, the first three sentences in then-Judge Benjamin Cardozo’s recounting of the facts in Palsgraf v. Long Island Railroad Co., which you undoubtedly read in law school.10 Instead, Slugg did little or no work for several months because he was despondent about a back injury and the demise of a romantic relationship. Regrettably, his inactivity and failure to communicate with clients prompted several disciplinary complaints against him. Plaintiff was standing on a platform of defendant’s railroad after buying a ticket to go to Rockaway Beach. A train stopped at the station, bound for another place. Two men ran forward to catch it.11 As the varying lengths of the above sentences illustrate, the facts section of Judge Cardozo’s Palsgraf opinion intersperses shorter and longer sentences; indeed, the sentences in the full fact statement range in length from six to twenty-seven words. The short sentences are more dramatic and convey a greater emphasis, whereas the longer sentences are calmer, providing the reader with context and important factual information. Therefore, a short sentence works best as the first or the last in a paragraph, or in mid-paragraph between two longer sentences. For example, in a legal malpractice action, a fact statement written by the plaintiff’s attorney might include a paragraph that ends as follows: Attorney Slugg told Mr. Jones that he would investigate the case and get back in touch with Jones soon. But he never did. 36 Either way, the short sentence gets the reader’s attention by lending the passage a drama (and rhythm) it would otherwise lack. Step Six: Choose Your Words Wisely and Do Not Make Nouns into Verbs Thus far, this article has examined improved writing from the sentence and paragraph level; it will now do so from the level of the individual word. Persuasiveness lies not only in using fewer words, but also in selecting the correct word for the idea you wish to convey. Often, lawyers will use a word that they think means what they wish to say, but it actually means something different. Among the words most likely to be misused in this way are the following: Because and Since: If you are referring to causation (i.e., cause and effect), use “because.” Example: “Because I now exercise five days a week, I sleep better and have lost weight.” But if you are referring to the passage of time, use “since.” Example: “Since I started exercising regularly six months ago, I have lost twenty-five pounds.”12 In legal writing, you will discuss causation more frequently than the mere passage of time, so expect to use “because” more often than “since.” While and Although: Lawyers are prone to use “while” when “although” is the correct word. When discussing a relationship (usually a contrast) between two ideas, use “although.” Example: Although Mary was generally quiet and unassuming away from THE VERMONT BAR JOURNAL • SUMMER 2015 work, as a lawyer she was an aggressive advocate for her clients. But use “while” when discussing two events happening simultaneously. Example: “While George slept, his wife, Susan, ran three miles, showered, and cooked breakfast.”13 Lay and Lie: Lawyers frequently use “lay” when the correct word is “lie.” Lay has a limited meaning: to set down. It must take a direct object because one has to set something down. Example: “John, please lay the book on the coffee table.” Lie means to recline or remain. Example: “Nancy decided to lie down for a nap before supper.” Fewer and Less: Legal documents sometimes use “less” when they should use “fewer.” When you are discussing something that can be counted or measured, “fewer” is appropriate. Example: “Many elementary schools in Vermont have fewer students than they had twenty years ago.” But use “less” when referring to an amount that cannot be counted or measured. Example: “I can comb my hair quickly because I have less hair now than in the past.”14 Where, When, and If: Too many documents lawyers write use “where” when the correct word is “when” or “if.” Use “where” only to indicate a physical location. Example: “The boss did not know where the employee went for lunch.” But if you wish to show that one event is conditioned on another, use “when” or “if.” Example: “When (If) school is in session, Mr. Jones, the science teacher, spends several evenings a week preparing for the next day’s classes.” Farther and Further: We lawyers tend to use “further” when “farther” would be correct. When referring to a geographical distance, use “farther.” Example: “Steve threw the discus farther than anyone else in Saturday’s track meet.” But use “further” when referring to the depth of an analysis. Example: “The further Anne dug into her research, the more she was persuaded that her preliminary hypothesis was correct.”15 That, Which, and Who: Lawyers are often guilty of using “which” when the proper word is “that” and “that” when the proper word is “who.” The first rule to remember regarding these words is that both “that” and “which” apply to things, whereas “who” applies to people. Example: “Karen Anderson is the lawyer who represents t H[